INSLM on the Definition of a Terrorist Act Review
10 December 2025
On 27 November 2025, the Law Council of Australia made a submission to the Independent National Security Legislation Monitor’s review of the definition of a “terrorist act” under section 100.1 of the Criminal Code Act 1995 (Cth) (Criminal Code).
The Law Council argued that the definition of a “terrorist act” should retain its focus on the most serious categories of political violence, and that the extraordinary investigatory powers, penalties, and restriction on liberty that follow from this definition should be carefully restricted to the most serious and potentially catastrophic risks confronting the community.
The Law Council acknowledges the need to ensure that Australia’s definition of a “terrorist act” is calibrated to provide government, law enforcement and our intelligence services with a clear, precise, and appropriate basis for prosecuting, investigating, and disrupting political violence in Australia. The Law Council's submission therefore suggests balanced, sensible and pragmatic improvements to the definition of a “terrorist act”.
First, the definition requires careful clarification of key terms to ensure that it includes only that which is agreed to constitute terrorism while clearly excluding that which is not terrorism.
Second, the definition can be improved to provide greater protection to Australians. This includes: clarifying that hostage taking ought be capable of being a terrorist act; that certain international organisations can be subject to terrorist acts; and, excluding the provision of humanitarian aid from a terrorist act.
Third, we recommend that “threat of action” should be removed from the definition of a “terrorist act” and re-introduced as a standalone offence with appropriate elements and penalties.
The Law Council supports the careful and independent review of controversial legislation. Law Council President Juliana Warner was previously invited to participate in the public launch the INSLM’s review of this definition.
Last Updated on 10/12/2025