Protecting Australians from Foreign Terrorist Fighters Bill 2026: what it proposes

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Protecting Australians from Foreign Terrorist Fighters Bill 2026: what it proposes

The Protecting Australians from Foreign Terrorist Fighters Bill 2026 is a private senator's bill introduced by Senator Pauline Hanson (One Nation) on 12 August 2026. According to the sponsor's published statements, the bill would create a new 'foreign terrorist fighter exclusion order' that the Minister for Home Affairs could ask the Federal Court to impose, strengthening powers to cancel or refuse passports, and toughening bail laws for terrorism charges. The bill is One Nation's first complete legislative proposal of this term. The Coalition announced it would support the bill, while the Government and constitutional experts questioned its legal viability. As introduced, the bill was read a first time in the Senate on 12 August 2026 and the second reading was moved the same day. On 13 August 2026 it was referred to the Senate Legal and Constitutional Affairs Legislation Committee, with a report due by 7 September 2026. It is before the Senate and has not been enacted.

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Evidence review

What the bill would do

According to the sponsor's published statements and reporting of the bill's introduction, the bill would create a new 'foreign terrorist fighter exclusion order' that the Minister for Home Affairs could ask the Federal Court to impose on individuals linked to overseas terrorist organisations.

The sponsor says the bill would strengthen powers to cancel or refuse Australian passports, toughen bail laws for terrorism charges, and address the return of Australians who travelled overseas to fight with terrorist organisations.

The full text of the bill and its explanatory memorandum are published with the bill on the Parliament of Australia website. This review records the sponsor's stated intentions and the parliamentary record; the operative detail is in the bill itself.

The bill is described by its sponsor as a response to gaps in existing arrangements for managing Australians who travelled overseas to fight with terrorist organisations. The Home Affairs Minister has said existing powers allow the temporary exclusion of some individuals, but the sponsor argues a permanent exclusion mechanism is needed.

Evidence review

Why the bill was introduced

Senator Hanson introduced the bill as One Nation's first complete legislative proposal of this term, saying existing law may not be sufficient to prevent Australians with links to overseas terrorist groups from returning to Australia.

The Coalition announced on 12 August 2026 that it would back the bill, with the Leader of the Opposition and the Nationals leader expressing support for measures to prevent Australians linked to overseas terrorist groups from returning home.

The Government and constitutional law experts questioned whether the bill would survive a High Court challenge and whether it would achieve its stated purpose, including whether a permanent exclusion from Australia could be imposed consistently with constitutional requirements.

Reporting of the bill's introduction records that the bill is 22 pages long and was circulated to crossbenchers alongside a 17-page explanatory memorandum. The sponsor has said the bill would not allow people who served a listed terrorist organisation and remain an unacceptable risk to return to Australia, with or without a permit or surveillance.

Evidence review

Who the bill would affect

The bill would affect Australian citizens and others with links to listed terrorist organisations who are overseas and would be subject to an exclusion order, and people who assist their return.

It would also affect people facing terrorism charges, through the proposed changes to bail laws, and passport holders whose passports could be cancelled or refused under the strengthened powers.

The bill would affect the Home Affairs Minister and the Federal Court, which would administer the proposed exclusion order regime.

Constitutional law experts quoted in reporting of the bill questioned whether a permanent exclusion of Australian citizens could survive a High Court challenge, and whether leaving a dangerous person outside Australia without supervision would achieve the bill's stated purpose. These criticisms are reported as the views of those experts, not as OzPolitics' own findings.

Evidence review

Parliamentary scrutiny

On 13 August 2026, the bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry and report, with the report due by 7 September 2026.

The committee inquiry will examine the bill's provisions, including questions about its legal and constitutional viability raised in the debate about the bill.

No proposed amendments had been circulated as at 16 August 2026.

Evidence review

Parliamentary status

The bill was introduced in the Senate and read a first time on 12 August 2026, with the second reading moved the same day. It is listed as before the Senate in the 48th Parliament.

To become law, the bill would need to pass the Senate, be agreed to by the House of Representatives, and receive Royal Assent. As a private senator's bill, its progress depends on the support of the Senate and the Government.

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