Defining terrorism: Review of the definition of a ‘terrorist act’ in section 100.1 of the Criminal Code Act 1995
The Independent National Security Legislation Monitor (the Monitor) has completed a review of the definition of a 'terrorist act' under section 100.1 of the Criminal Code Act 1995 (Cth) (Criminal Code). The report of this review was provided to the Attorney-General on 20 October 2026.
The definition of a 'terrorist act' in section 100.1 of the Criminal Code is an element for a number of serious offences and enlivens a broad range of policing and other powers under Commonwealth, State and Territory laws.
The Australian definition of a 'terrorist act' has not changed since it was enacted in 2002 in the wake of the 9/11 attacks in the United States. Yet the type of terrorism threat that Australia faces has changed significantly since that time. The volume and scope of powers and offences connected to the definition has expanded significantly since 2002. The last Commonwealth review of the definition was a 2013 review by the Council of Australian Governments.
Report
The Monitor's report of this review was provided to the Attorney-General on 20 October 2026. In accordance with the Independent National Security Legislation Act 2010, the Attorney must now table the report in Parliament within 30 days (by 20 November). The report will be published on this website once it has been tabled. Generally, tabling occurs at or towards the end of the allowed period reflecting the need for government to have time to consider the report.
Key Issues
The Issues Paper (available from the 'Document' drop-down menu below) explored key issues that were considered in the review.
Submissions
Submissions to this review are closed. The Monitor thanks all submitters for their contributions.
Hearings
Public hearings were held on Tuesday 10 March 2026 and Wednesday 11 March 2026. These hearings gathered evidence relevant to the review.
A number of government agencies, victim-survivors, civil society and faith-based organisations, Special Envoys, and academics attended as witnesses: see the Public Hearing Program for details.
The hearing can be viewed online:
10 March 2026: watch the public hearing
11 March 2026: watch the public hearing
If you have any trouble accessing these links, please email DefiningTerrorism@inslm.gov.au. A transcript is available on this website (see Documents below).
At the hearings the Monitor explored some of the key issues in the review and tested potential recommendations. These included a possible definition of ‘ideological’ and possible changes to the harm element in relation to property damage and electronic systems.
During the hearings, the Monitor asked a number of questions which witnesses took on notice. The Monitor has now received responses to the questions on notice, available below:
- Office of the Director of Public Prosecutions (Cth) – Response to Questions on Notice
- Attorney-General’s Department – Response to Questions on Notice
- Department of Home Affairs – Response to Questions on Notice
- Law Council of Australia – Response to Questions on Notice
Launch of the Issues Paper
The Monitor launched an Issues Paper for this review at a public event on 11 August 2025. The event, held at the ANU National Security College, began with opening remarks from the Hon Michelle Rowland MP, Attorney-General of Australia and a panel discussion between the Monitor, Professor Ben Saul (UN Special Rapporteur on Human Rights and Counterterrorism) and Juliana Warner (President, Law Council of Australia), chaired by Professor Rory Medcalf AM (ANU National Security College).
Watch the videos from the launch
Documents
Review Process
The Monitor and INSLM staff met with well over 100 individuals and organisations, including law enforcement and government agencies, Special Envoys and Commissioners, victim-survivors of terrorism, civil society, faith-based organisations, policy institutes, academics, and barristers and solicitors.
The report and recommendations were provided to the Attorney-General on 20 October 2026.