
Concerning trends spurring terror act review
The 'timely' probe, the first since the definition was instituted after September 11, will be conducted by the government's independent National Security Legislation Monitor, and is set to be launched in Canberra on Monday.
While Australia's legislation was first created in response to the 2001 attacks in the US and the threat of 'major mass-casualty events' organised by the likes of al-Qa'ida, the issues paper notes the threat is now posed by 'young, lone actors with basic weapons who are pursuing grievances fuelled by a mix of ideologies'.
Quoting ASIO director-general Mike Burgess, the report noted Australia's top spy chief's anxieties that a 'generation of digital natives' will 'enter a vulnerable age for radicalisation' inflamed by 'AI-fuelled algorithms'. ASIO chief Mike Burgess has warned of the increasing risk for young Aussies to be radicalised on social media. NewsWire/ Martin Ollman Credit: News Corp Australia
The features will 'make it easier for extremist material to find vulnerable adolescent minds that are searching for meaning and connection'.
The review will also look into whether the definition of an ideological driver for a terrorist act should be sharpened to capture emerging violent threats, 'such as the 'incel' movement'.
This would also help authorities avoid 'focusing only on 'traditional' motives such as al-Qa'ida-inspired extremism'.
As it stands, a terrorist act under the Criminal Code needs to be done with the intention (a terrorist purpose) to coerce or influence either the Australian or foreign government through intimidation, or be done to intimidate the public or a group.
It also requires a terrorist motive, like the intent to advance a political, religious or ideological cause.
An act of terrorism also only applies to specific harm, which includes death or endangering life, causing serious physical harm or damage to property, or creating a serious risk to health and safety.
Cyber attacks, or the serious interference, destruction or disruption of an electronic system.
The number of laws which rely on the definition of a terrorist act has also expanded from 20 offences and three specific powers, to now more than 300 Commonwealth, state and territory laws, offences, obligations and powers 'that rely on his definition'.
The increased prevalence of extreme ideologies was one of the reasons Mr Burgess increased Australia's terror threat level from probable to possible in August 2024.
The report added that a 'diversity of ideologies and other drivers of violent attacks has also reportedly increased,' with conspiracy-fuelled extremism often 'reinforced through online interactions with like-minded individuals'.
'With no agreed definition of what constitutes an ideology and how 'mixed motives' should
be treated, there may be some uncertainty as to how law enforcement agencies should respond to certain violence,' it said.
'That is, should they respond using special terrorism powers and offences or using general law enforcement powers and criminal offences or in some other way.
'Hypothetical examples of 'mixed motive' violence include a man with a history of engaging in family and domestic violence and downloading 'incel' material who kills a number of women, including family members.' Attorney-General Michelle Rowland will attend the launch of the review into the definition of the terrorism act. NewsWire/ Martin Ollman Credit: News Corp Australia
Attorney-General Michelle Rowland said the threat of terrorism in Australia and in Australian interests was 'evolving', acknowledging comments from Mr Burgess who has said the security environment was 'more volatile and unpredictable than ever before'.
However, she said 'extremism thrives where division festers' and said the government would remain 'vigilant, principled and united' against hate.
'We know that the best way to prevent radicalisation is to ensure that all Australians
– regardless of background, faith or belief – feel heard, valued and protected,' she said.
'That is why partnerships with communities, education programs and early
intervention initiatives are an essential part of our national Counter-Terrorism and
Violent Extremism Strategy released earlier this year.'
Ms Rowland attended the launch of the review alongside UN Special Rapporteur Ben Saul and Law Council president Juliana Warner.
Also present at the launch were victims of terror including Louise Hope, a survivor of Sydney's Lindt Cafe siege in 2014, and Alpha Cheng, whose father Curtis, an accountant for NSW Police, was killed by a 15-year-old boy in 2015.
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