Review of ‘declared areas’ provisions of the Criminal Code Act 1995 (Cth)
The submission to the Parliamentary Joint Committee on Intelligence and Security statutory review of the ‘declared area’ provisions in sections 119.2 and 119.3 of the Criminal Code Act 1995 (Cth) (Criminal Code) was prepared by the Law Council of Australia.
The declared areas regime in Division 119 of the Criminal Code was enacted by the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (Cth). The key provisions of the regime are:
- section 119.2, which makes it an offence for an Australian person to enter, or remain in, a ‘declared area’ of a foreign country, which is punishable by a maximum penalty of 10 years’ imprisonment; and
- section 119.3, which sets out a process for the Minister for Foreign Affairs to make a disallowable legislative instrument that prescribes part of a foreign country as a ‘declared area’ for the purpose of the offence in section 119.2.
The Law Council acknowledges that the task of developing and implementing legal mechanisms to effectively prevent, deter, disrupt and denounce the activities of so-called ‘foreign terrorist fighters’ is complex and challenging.
You can read the full submission below.