The Hon. H.J. GUMBYS (16:36): I rise in support of the Statutes Amendment (State Sponsors of Terrorism) Bill 2026. This bill ensures that South Australia's laws keep pace with the commonwealth's new framework for addressing state-sponsored terrorism. In August 2025, the commonwealth government announced its intention to establish a mechanism through which the Iranian Revolutionary Guard Corps (IRGC) could be listed as a terrorist entity. This followed advice from the Australian Security Intelligence Organisation (ASIO), linking the IRGC to antisemitic attacks in Sydney and Melbourne in late 2024.
The terrorist organisation provisions in part 5.3 of the commonwealth criminal code were developed to apply to organisations operating independently of governments. As an entity controlled by the Iranian government, the IRGC presented a different legal circumstance. The commonwealth responded by introducing part 5.3A of the criminal code. This new part allows a foreign state entity to be designated as a state sponsor of terrorism where it engages in, prepares for, assists, fosters or advocates terrorist acts against Australia, Australians or Australian interests overseas. The IRGC has since been listed under this framework.
Once an entity is listed, offences relating to membership, recruitment, training, financing, support and participation become available. The commonwealth retains responsibility for making these designations under section 110.3 of the criminal code.
South Australian legislation already relies extensively upon the commonwealth terrorism framework. Definitions and offences found in part 5.3 are incorporated into our laws governing bail, corrections, sentencing, police powers, emergency management and other areas of public safety. The creation of part 5.3A therefore requires corresponding amendments in South Australia. This bill adds the new commonwealth provision to 13 South Australian acts, allowing conduct connected with a state sponsor of terrorism to be treated consistently with conduct already covered by our terrorism laws.
A particularly significant amendment is made to the Bail Act 1985. The Bail Act contains a specific framework for a person classified as a 'terror suspect'. That term includes a person charged with or convicted of a terrorism offence, a person who is the subject of a terrorism notification, and a person who is or has previously been subject to a commonwealth control order.
A terror suspect is subject to a presumption against bail. Bail may only be granted where the person establishes special circumstances justifying their release. The bill extends this framework to the new state-sponsored terrorism offences. A person charged with or convicted of an offence under part 5.3A will therefore be subject to the same presumption against bail as a person connected with an existing terrorist organisation.
This amendment recognises the serious danger associated with terrorism offences. Foreign state involvement may provide an offender with access to substantial resources, organised networks and international support. The bail system must be capable of responding appropriately to that risk.
Related changes are made to the Correctional Services Act 1982. The definition of a terror suspect is used in several provisions of the act. One important example concerns parole applications. When an application relates to a prisoner who is a terror suspect, the Parole Board must notify a terrorism intelligence authority. This requirement allows relevant intelligence to be brought to the attention of the Parole Board before it makes a decision affecting the prisoner's release and the safety of the community. The bill ensures that this notification process also applies to prisoners involved in state-sponsored terrorism offences.
The Criminal Law (High Risk Offenders) Act 2015 is updated on the same basis. That act provides for the ongoing supervision of offenders who continue to present an unacceptable risk of serious harm after completing their sentence. In particularly serious circumstances, it also allows for an offender's continued detention.
Terrorism offenders are already included within the high-risk offender scheme. The bill updates the relevant definitions so that a person involved with a listed state sponsor of terrorism may be subject to the same assessment, supervision and risk management arrangements. The amendment ensures that the protection provided by the scheme applies consistently to terrorist activities supported by a foreign state entity.
The bill also updates the Criminal Law Consolidation Act 1935. Section 83CA of that act contains an offence relating to information prepared or collected for a terrorist act. The offence may apply where a person collects, possesses, makes or communicates information connected with the preparation or commission of terrorist activity. The meaning of 'terrorist act' for that offence currently relies upon part 5.3 of the commonwealth criminal code. The bill expands that reference so the offence can operate where the relevant conduct concerns state-sponsored terrorism under part 5.3A.
Amendments to the Sentencing Act 2017 ensure that the new commonwealth offences are also recognised when an offender is sentenced. The Sentencing Act places particular restrictions upon the sentencing options available for terrorism offences. Certain offenders may be excluded from options such as home detention, community-based custody, intensive correctional orders and bonds. Terrorism offending may also be relevant to the serious repeat offenders provisions. The bill applies these existing restrictions to offences involving a listed state sponsor of terrorism. A court sentencing an offender under the new commonwealth framework will therefore apply the same rules that govern other terrorism offences.
The Young Offenders Act 1993 is also amended. That act uses terrorism-related definitions, including the concepts of a terrorism offence, terrorism notification and terror suspect. These definitions affect the way the youth justice system manages a young person involved in terrorism-related conduct. The bill extends those definitions to state-sponsored terrorism offences. This preserves consistency between the adult and youth justice systems while retaining the distinct principles and procedures that apply when a young person comes before the court.
The bill also addresses the circulation of extremist material through amendments to the Summary Offences Act 1953. That act contains offences relating to the possession, production and distribution of extremist material. Such material may be used to glorify terrorist violence, encourage radicalisation, recruit supporters or provide instruction connected with terrorist activity. The relevant definitions will now include the commonwealth state-sponsored terrorism provisions. This allows authorities to respond to extremist material associated with a listed foreign state entity.
A further group of amendments concerns the powers and responsibilities of police and emergency services. The Police Act 1998 establishes the framework for terrorism intelligence authorities and terrorism notifications. These arrangements now allow relevant agencies to share intelligence and formally identify individuals who may present a terrorist-related risk. The definitions of 'terrorist act' and 'terrorism offence' are central to the operation of that framework. The bill adds offences under part 5.3A to those definitions, and this enables South Australia Police and other authorised bodies to collect, share and act upon intelligence concerning state-sponsored terrorism through the existing notification system.
Under the Emergency Management Act 2004, South Australia Police (SAPOL) is the control agency for an emergency resulting from or related to a terrorist act. As the control agency, SAPOL is responsible for coordinating the response to that emergency. The amendment brings state-sponsored terrorism within the relevant definition. If an incident connected with a listed foreign state entity occurs in South Australia, SAPOL's responsibility for managing the emergency will be clear.
The Terrorism (Police Powers) Act 2005 provides police with specific powers to prevent, investigate and respond to terrorist acts. Its operation depends heavily upon the statutory definition of a terrorist act. The bill updates that definition to encompass the new commonwealth framework. Police powers available during a terrorism-related threat or incident will therefore extend to conduct involving a state sponsor of terrorism.
The Terrorism (Preventative Detention) Act 2005 is amended for a related purpose. That act allows a person to be detained for a limited period in tightly defined circumstances. Preventative detention may be used to prevent a terrorist act expected to occur in the near future, or to preserve evidence relating to a terrorist act that has recently occurred. The amendment ensures that these powers are available where the anticipated or completed act is connected with a listed state sponsor of terrorism. The safeguards and limitations already contained in the act will continue to govern the exercise of those powers.
Counterterrorism planning is addressed through an amendment to the Terrorism (Surface Transport Security) Act 2011. That act supports security planning for surface transport operations, including public transport services and associated infrastructure. It requires relevant operators and authorities to prepare for and protect against terrorist threats. The bill ensures that these security plans also account for threats involving foreign state entities listed under part 5.3A. This maintains consistent protection across South Australia's surface transport network.
The Motor Vehicles Act 1959 is also updated. That act contains provisions dealing with claims for death, bodily injury, loss or damage arising from the use of motor vehicles. It makes specific provision for loss or damage caused by a terrorist act. The bill updates the relevant terrorism reference so that an incident involving a motor vehicle connected with state-sponsored terrorism is treated under the same statutory framework as other terrorist acts.
Together, these amendments incorporate part 5.3A into every relevant part of South Australia's existing terrorism framework. The commonwealth will continue to determine which foreign state entities are designated as state sponsors of terrorism, and this bill gives South Australian authorities the legal clarity required to respond once such a designation has been made. Its practical effect is wideranging.
State-sponsored terrorism will be recognised when a court considers bail or sentencing, when the Parole Board assesses a prisoner, when authorities manage a high-risk offender, when police share terrorism intelligence, and when emergency services respond to an incident. It will also be recognised in laws governing extremist material, preventative detention, police powers, young offenders, surface transport security and terrorist conduct involving motor vehicles.
State-sponsored terrorism may draw upon extensive resources, international networks and the support of government institutions. Our laws must be capable of responding clearly and consistently to the threat that this conduct presents. This bill closes the gaps that would otherwise arise following the commonwealth reforms. It provides clarity to courts, police, correctional authorities, intelligence agencies and emergency services and ensures that South Australia's public safety legislation continues to operate as intended. I commend this bill to the chamber.