Defining Terrorism: Review of the definition of a ‘terrorist act’ in section 100.1 of the Criminal Code Act 1995
20 October 2025
The ALA provided a submission to the Independent National Security Legislation Monitor (INSLM) for their review of the definition of a 'terrorist act' under section 100.1 of the Criminal Code Act 1995 (Cth), strongly opposing any expansion of the legal definition of a ‘terrorist act’ in Australian law.
The ALA cautioned that the current definition is already overly broad and that expanding the definition further would have serious downstream consequences, including the activating of excessively intrusive powers such as control orders, preventative detention, and surveillance, often without sufficient evidentiary basis.
Rather than any further broadening of the scope, the ALA has recommended targeted clarification of key terms such as 'ideological cause' and strengthening safeguards and oversight to ensure that exceptional counter-terrorism powers are used appropriately and remain relevant in only truly exceptional circumstances.
ALA submission