House debates Bills
Counter-Terrorism Legislation Amendment Bill 2026; Report from Committee
Andrew Wallace Fisher, Liberal National Party
4:40 pm
On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the Advisory report on the Counter-Terrorism Legislation Amendment Bill 2026: also reporting on the review of post-sentence terrorism orders: division 105A of the Criminal Code Act 1995.
Report made a parliamentary paper in accordance with standing order 39(e).
by leave—I rise today to present the two aforementioned reports. Firstly, this annual review is undertaken in accordance with the committee's statutory responsibilities under the Intelligence Services Act of 2001. It examines the administration, expenditure and financial statements of the agencies that make up Australia's National Intelligence Community. The committee's review is part of a strict oversight and accountability framework within which these agencies operate. The public reporting is necessarily limited to protect sensitive information, so this annual parliamentary review is an important mechanism by which the parliament receives assurance on these agencies' governance, resource stewardship and administration.
For each agency, the committee sought evidence on its performance against its objectives, its budget situation and the health and integrity of its financial statements. This included examination of strategic priorities, organisational governance, risk management practices, workforce capability, security arrangements, and major ICT and information-sharing initiatives. Submissions also covered four key areas of focus, which were the 2024 Independent Intelligence Review, joint taskforces, conflicts of interest, and investigations and whistleblowers. The committee received detailed material from these agencies as well as from the Australian National Audit Office and the Inspector-General of Intelligence and Security. Classified hearings assisted the committee in discharging its obligations while ensuring national security was maintained.
The report highlights the dynamic environment in which intelligence agencies continue to operate and the importance of ensuring that administrative systems, governance structures and financial management remain robust. Although much of the committee's work understandably occurs in classified settings, the outcomes reflected in this report demonstrate that the parliament, through the committee, continues to exercise strong bipartisan oversight of intelligence administration and expenditure. This oversight is essential to maintaining public trust in agencies whose work, by necessity, is largely unseen. The committee thanks all agencies, officials and oversight bodies for their cooperation throughout the review. Their engagement supports not only the committee's work but the broader accountability framework that underpins the operation of Australia's intelligence community.
The second report I present is the Advisory report on the Counter-Terrorism Legislation Amendment Bill 2026: also reporting on the review of post-sentence terrorism orders: division 105A of the Criminal Code Act 1995. Work on this report commenced in the previous parliament, when the committee had commenced a statutory review into the division 105A framework, which provides for postsentence orders in relation to high-risk terrorist offenders. That review lapsed, and, when the Counter-Terrorism Legislation Amendment Bill of 2026 was referred to the committee, it agreed to conduct the two reviews cognately and present a single report to parliament, covering both the lapsed statutory review and the bill inquiry.
The report ultimately recommends the passage of the bill. However, it also makes recommendations to improve the high-risk terrorist offenders framework. There are some extraordinary powers within the framework, but the committee recognises that the terrorism threat continues to evolve and that the passage of the bill is critical to prevent parts of the framework sunsetting in December of this year.
Postsentence orders and control orders are serious and extraordinary mechanisms for dealing with individuals who pose a risk to the community. Oversight of the processes and procedures for obtaining and maintaining post sentence orders and control orders remains critical to ensuring the accountability of the high-risk terrorist offenders regime. Evidence presented in the bill inquiry demonstrated that, if passed, control orders would become the primary mechanism for managing high-risk terrorist offenders.
However, evidence collected in the statutory review in the 47th parliament highlighted to the committee that there are areas of the regime that could be improved on. This includes issues such as the rehabilitation and reintegration of offenders, the timing of applications, access to legal representation and annual reporting transparency measures. Noting the critical timing of passage of the proposed amendments in the bill prior to the sunset date of 7 December, the committee recommends that the bill be passed by parliament. However, the other recommendations within the report constitute a larger body of work, and the committee would support that a response to these recommendations may necessitate a further bill in the future to enable the adequate consideration of amendments required and timely consultation.
I thank the chair, committee members, all those who contributed through submissions and evidence at the public hearings and, of course, all those hard-working men and women of our national intelligence community and our law enforcement agencies who do great work keeping Australians safe. I commend both reports to the House.