Issues Paper – Review of the definition of a ‘terrorist act’ in section 100.1 of the Criminal Code Act 1995

The definition of a ‘terrorist act’ under section 100.1 of the Criminal Code Act 1995 (Cth) (Criminal Code) is an element of a number of serious offences and enlivens a broad range of policing and other powers under Commonwealth, state and territory laws.

This Issues Paper:

• examines the concept of terrorism as a special category of crime;
• considers changes in the terrorism threat since the definition was introduced;
• summarises the powers, offences and obligations linked to the definition of a terrorist act;
• explores whether the existing definition is appropriate; and
• highlights the consequences of any change to the definition

It asks seven specific questions to prompt discussion, however, submitters are welcome to raise other issues associated with the operation, effectiveness and necessity of the definition, and safeguards for protecting individual rights and compliance with Australia’s international obligations.

Submissions to this review are now open until close of business Tuesday 14 October 2025. Please send submissions to DefiningTerrorism@inslm.gov.au.