Counter-Terrorism Legislation Amendment Bill 2026: what it proposes

The short answer

Counter-Terrorism Legislation Amendment Bill 2026: what it proposes

The Counter-Terrorism Legislation Amendment Bill 2026 is a government bill introduced in the House of Representatives on 12 August 2026 that would extend critical counter-terrorism powers for a further three years and amend the control order and post-sentence order frameworks in the Criminal Code, including information sharing, access to criminal history information, application of the framework to young people, and electronic surveillance warrants. On 19 August 2026 the second reading debate resumed in the House and was adjourned the same morning, and the bill was declared referred to the Federation Chamber. The bill passed the House of Representatives on 20 August 2026 and is now before the Senate, where it has been referred to the Parliamentary Joint Committee on Intelligence and Security; it has not been enacted.

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Evidence review

What the bill would do

The bill would extend critical counter-terrorism powers for a further three years and make targeted amendments to those powers, including the control order and post-sentence order frameworks, which enable courts to impose orders on certain individuals to protect the public from terrorism.

The Government's joint media release states the reforms would embed control orders as the primary Commonwealth mechanism for managing serious terrorist offenders in the community, and would strengthen the frameworks by: strengthening information sharing arrangements between the Commonwealth and states and territories; facilitating access to more information about a person's criminal history for applications and proceedings; strengthening the application of the framework to young people while maintaining safeguards; and enabling law enforcement to obtain warrants for electronic surveillance when considering whether to request a control order.

The bill would also make technical amendments to the Criminal Code to strengthen the framework for listing terrorist organisations, and would expand protections for United Nations and associated personnel under the Convention on the Safety of United Nations and Associated Personnel.

The bill is one of a series of Commonwealth counter-terrorism measures introduced in the 48th Parliament. It sits alongside the Government's response to the Independent National Security Legislation Monitor's Review of Division 105A, which the Government tabled in Parliament on the same day the bill was introduced.

Evidence review

Why the bill was introduced

The Government says the bill responds to the evolving terrorism threat, with the Attorney-General's media release referring to the Bondi terrorist attack as demonstrating the harm terrorism can inflict and the complex nature of the threat.

Alongside the bill's introduction, the Government tabled its formal response in Parliament to the Independent National Security Legislation Monitor's Review of Division 105A of the Criminal Code, which the Government says it carefully considered in developing the bill.

The bill was developed in consultation with law enforcement and with the states and territories, consistent with the Intergovernmental Agreement on Australia's National Counter-Terrorism Arrangements.

Evidence review

Who the bill would affect

The bill would affect individuals subject to control orders or post-sentence orders — court-imposed orders that restrict a person's activities to protect the public from terrorism — and those being considered for such orders, including young people.

It would affect law enforcement and national security agencies by expanding the tools available to them, including access to criminal history information and electronic surveillance warrants.

The expanded protections for United Nations and associated personnel would affect people working for the UN and associated organisations who are protected under the Convention.

Control orders are issued by courts and can impose obligations, prohibitions and restrictions on a person, such as movement, communication and employment restrictions. Post-sentence orders are available for serious terrorist offenders following the end of their custodial sentence. The bill would amend how both frameworks operate, including the information available to courts when considering applications.

Evidence review

Parliamentary scrutiny

On 12 August 2026, the bill was referred to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) for consideration and report. The committee's review of the bill was still in progress as at 19 August 2026.

The committee invited written submissions by 2 September 2026. The review examines whether the proposed amendments support national security agencies and law enforcement while maintaining safeguards and oversight.

The bill page records a Bills Digest as published for this bill, providing the Parliamentary Library's analysis. It also records a crossbench detail amendment circulated by Rebekha Sharkie MP.

Evidence review

Parliamentary status

The bill was introduced in the House of Representatives and read a first time on 12 August 2026, with the second reading moved the same day. The bill page records that the second reading debate took place on 19 August 2026.

According to House Live Minutes No. 77, the order of the day was read for the resumption of the debate on the question that the bill be now read a second time, the debate resumed at 9:32 am with a contribution from Mr Leeser, and the debate was adjourned at 9:55 am by the Attorney-General, Ms Rowland, with the resumption made an order of the day for a later hour.

On 19 August 2026 the Leader of the House, Mr Burke, declared that, unless otherwise ordered, the bill stands referred to the Federation Chamber for further consideration at the adjournment of the debate on the motion for the second reading. The bill passed the House of Representatives on 20 August 2026 and is now before the Senate.

The bill passed the House of Representatives on 20 August 2026 and is now before the Senate; it has not yet become law.

Evidence review

Chamber record cross-check — 19 August 2026

Two official records were cross-checked for this update: House Live Minutes No. 77 (Wednesday 19 August 2026, record identifier e42c084a86499bb7) and the APH bill page for the Counter-Terrorism Legislation Amendment Bill 2026 (record identifier 48fa69316abe5bf6). Both records refer to the bill by its title, Counter-Terrorism Legislation Amendment Bill 2026, and both were checked on 19 August 2026.

House Live Minutes No. 77 record that the order of the day was read for the resumption of the debate on the question that the bill be now read a second time, that the debate resumed at 9:32 am with Mr Leeser speaking, and that the debate was adjourned at 9:55 am by the Attorney-General, Ms Rowland, with the resumption of the debate made an order of the day for a later hour. The same minutes record, under the item on bills declared referred to the Federation Chamber, that the Leader of the House, Mr Burke, declared that, unless otherwise ordered, the Counter-Terrorism Legislation Amendment Bill 2026 stands referred to the Federation Chamber for further consideration at the adjournment of the debate on the motion for the second reading.

The APH bill page, as checked on 19 August 2026, records that the bill was introduced and read a first time on 12 August 2026, that the second reading was moved on 12 August 2026, that a second reading debate took place on 19 August 2026, that the bill was referred to the Parliamentary Joint Committee on Intelligence and Security on 12 August 2026, and that a crossbench detail amendment was circulated by Rebekha Sharkie MP.

House Live Minutes are a draft working record of the chamber produced during the sitting; they are subject to revision before the official Votes and Proceedings and Hansard are published. Neither the minutes nor the bill page is a final record of the debate, and the bill has not been enacted.

Common questions

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