Transnational offences

Key statutes

  • Aviation Crimes Act 1972
  • Crimes (Internationally Protected Persons, United Nations and the Associated Personnel and Hostages) Act 1980
  • Crimes Act 1961
  • Maritime Crimes Act 1999
  • Terrorism Suppression Act 2002

Key secondary legislation

  • Crimes Amendment Act (No. 4) 2011 Commencement Order 2013
  • Crimes Amendment Act 2005 Commencement Order 2017
  • Crimes (Interception Warrants) Regulations 2003
  • Maritime Crimes Amendment Act 2017 Commencement Order 2018
  • Terrorism Suppression (Control Orders) Act 2019

Information/links to recent or currently underway reviews

Aviation Crimes Act 1972 is an Act to give effect to the provisions of the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, the Montreal Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, and the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, and for all incidental matters. It was amended in 2007 to authorise in-flight security police officers to carry weapons and to allow searches of passengers, baggage and cargo. Other legislative amendments have been made as a result of amendments to other regimes, not as a review of this legislation.

Terrorism Suppression Act 2002 (TSA) - several proposed changes are in the Counter-Terrorism Legislation Bill that is to be introduced in 2021:

  • the Bill clarifies several definitions in the TSA,
  • introduces new offences of planning or other preparations to carry out a terrorist act,
  • financing of or provision of material support for terrorism; and
  • travelling overseas intending to commit a specified offence relating to terrorism.
  • Introduces new offence of participating in terrorist training.

Maritime Crimes Act 1999 - amended in 2017 by the Maritime Crimes Amendment Act 2017, including clarification of enforcement officers’ powers to board and search ships. The Act implements obligations under two maritime counter-terrorism treaties to ensure the maritime security framework can respond to contemporary transnational terrorist threats.

Crimes Act 1961 - amended by the Crimes Act Amendment Act 2019 that:

  • repealed three provisions in the Crimes Act (including blasphemous libel and the ‘death within a year and a day’ rule),
  • increased the penalty for theft of animals from agricultural land,
  • protected spouses and civil union partners in cases where they would otherwise be an accessory after-the-fact to an offence,

and by the Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 that amended the definition in the Act of female genital mutilation.

Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 - minor amendments were made by a Statutes Amendment Bill in 2010.

Forward work

The wording of the Terrorism Suppression (Control Orders) Act is currently being reviewed.