House of Representatives Date: 28 October 2025
Speaker:
I call the Member for Fisher.
Andrew Wallace MP:
On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee’s advisory report on the Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025.
Report made a parliamentary paper in accordance with standing order 39(e).
By leave—I rise today to present a report on behalf of the Parliamentary Joint Committee on Intelligence and Security for its review of the Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025.
The bill would amend the Criminal Code Act 1995 to create a new legislative framework enabling the Governor-General to make regulations specifying an entity as a state sponsor of terrorism, if the minister responsible for the Australian Federal Police is satisfied on reasonable grounds that the entity is a foreign state entity and that the entity or a member of the entity has directly or indirectly engaged in, prepared, planned, assisted in or fostered the doing of a terrorist act that was targeted at Australia, or has advocated the doing of a terrorist act that was targeted at Australia.
Before any regulations are made listing an entity as a state sponsor of terrorism, the AFP minister must obtain the foreign affairs minister’s agreement in writing to the entity being specified for the purposes of that definition, and arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.
The bill would introduce new offences to criminalise terrorist activity engaged in by listed state entities, either directly or through a non-state actor, and conduct by persons who would seek to support or assist such activities.
In order to address potential consequences of criminalising state entities, the bill includes defences and exemptions intended to protect lawful engagement with listed entities for legitimate purposes, including humanitarian assistance.
The committee received 15 submissions to its review of the bill, most of which expressed support for it in whole or in part, and held a public hearing on 16 October 2025. We’re grateful to those who provided evidence to the inquiry in what was a very short timeframe.
It’s no secret that this bill follows ASIO’s revelation in August this year that Iran’s Islamic Revolutionary Guard Corps (IRGC) had directed at least two attacks in Australia in 2024. These important amendments intend to strengthen Australia’s counterterrorism framework and create an environment in which it is more difficult for malicious foreign actors to cause harm to Australia and Australians.
The committee has recommended that the bill be amended to ensure the Intelligence Services Act 2001 gives the committee the ability to monitor and review AFP counterterrorism functions in relation to the new part 5.3A of the Criminal Code to the same extent that it currently monitors and reviews such functions in relation to non-state terrorist organisations under the existing part 5.3.
The committee otherwise supported the bill and recommended that it be passed.
Before concluding, I want to make one final point and this is probably my last job as the PJCIS Deputy Chair. It’s deeply concerning that once again this government has chosen to ram complex national security legislation through the PJCIS under impossible timeframes.
In less than three weeks, submissions had to be called for, a public hearing held, evidence reviewed and a report drafted, cleared by security agencies and then tabled in parliament.
That is not proper scrutiny. It is a box-ticking exercise.
The PJCIS was once regarded as the most respected and bipartisan committee in the parliamen, the cornerstone of national security oversight.
Yet, this government continues to undermine that legacy by overloading the committee and forcing it to rush legislation that affects the safety, rights and freedoms of Australians.
Our national security laws deserve respect, not political expediency.
Enough is enough. The government must start giving this committee the time and space to do its job properly, because if we get these laws wrong, the consequences could be devastating.
I want to thank anybody and everybody who put in submissions to this report, and I want to thank the very hardworking secretariat for putting this report together in such a truncated period of time.
I commend the report to the House.
END
Media Contact: Brendan West – 0402 556 646 – Brendan.west@aph.gov.au
