Transnational offences

Key statutes

  • Aviation Crimes Act 1972
  • Crimes (Internationally Protected Persons, United Nations and the Associated Personnel and Hostages) Act 1980
  • Crimes Act 1961
  • Maritime Crimes Act 1999
  • Terrorism Suppression Act 2002
  • Terrorism Suppression (Control Orders) Act 2019

Key secondary legislation

  • Crimes (Interception Warrants) Regulations 2003

Information/links to recent or currently underway reviews

Aviation Crimes Act 1972 is an Act to give effect to the provisions of the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, the Montreal Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, and the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, and for all incidental matters. It was amended in 2007 to authorise in-flight security police officers to carry weapons and to allow searches of passengers, baggage and cargo.

Terrorism Suppression Act 2002 (TSA) - several proposed changes are in the Counter-Terrorism Legislation Bill (the Bill) that was introduced in 2021. The proposed changes include:

  • making amendments to clarify the definition of a 'terrorist act'
  • creating a new offence to criminalise planning or preparation for a terrorist act
  • creating a new offence to more clearly criminalise terrorist weapons and combat training
  • creating a new offence for international travel to carry out terrorist activities;
  • expanding the criminal offence of financing terrorism to include broader forms of material support
  • extending the eligibility for a control order to include individuals who have completed a prison sentence for a terrorism-related offence if they continue to present a real risk of engaging in terrorism-related activities.

Maritime Crimes Act 1999 - amended in 2017 by the Maritime Crimes Amendment Act 2017, including clarification of enforcement officers’ powers to board and search ships. The Act implements obligations under two maritime counter-terrorism treaties to ensure the maritime security framework can respond to contemporary transnational terrorist threats.

Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 - minor amendments were made by a Statutes Amendment Bill in 2010.