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) is reviewing the definition of a ‘terrorist act’ under section 100.1 of the Criminal Code Act 1995 (Cth) (Criminal Code). The Monitor is undertaking this review using the ‘own motion’ power in s 6(1)(a) of the Independent National Security Legislation Monitor Act 2010 (Cth) (INSLM Act).
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. The type of terrorism threat that Australia faces has changed significantly since that time, yet the definition has remained unchanged since its introduction. 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.
Key Issues
The Issues Paper (available from the ‘Document’ drop-down menu below) explores key issues being considered in the review, including:
- the effectiveness and implications of the definition;
- whether the legislation contains appropriate safeguards for protecting the rights of individuals;
- if the definition, when considered in light of the offences and powers it enlivens, remains necessary and proportionate to the current threat of terrorism;
- whether the definition is consistent with Australia’s international obligations, including various counter-terrorism resolutions and agreements and current international ‘best practice’.
Submissions
Submissions to this review are closed. The Monitor thanks all submitters for their contributions, which are now being considered.
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 will be made available on this website.
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.
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 have met with over 130 individuals and organisations, including with 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. This engagement is ongoing. Following the public hearings supplementary submissions may be sought.
Once enough information has been gathered and analysed the Monitor will prepare a report for the Attorney-General. At this stage it is expected that the report and recommendations will be provided to the Attorney-General in September 2026. The Attorney-General must table the report in the Commonwealth Parliament within 30 days after receipt of the report (or within 15 sitting days, whichever is earlier).