2001

September 11 attack

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Introduction

On 11 September 2001, nineteen al-Qaeda hijackers took control of four passenger aircraft in the United States.

American Airlines Flight 11 and United Airlines Flight 175 were flown into the North and South Towers of the World Trade Center in New York. American Airlines Flight 77 struck the Pentagon in Virginia. United Airlines Flight 93 crashed near Shanksville, Pennsylvania, after passengers and crew tried to regain control of the aircraft.

A total of 2,977 victims were killed. Ten Australians were among the dead.

Prime Minister John Howard was in Washington at the time, during the 50th anniversary year of the ANZUS alliance.

Australia's laws on that morning

Australia already had laws dealing with murder, aircraft hijacking, bombing, explosives and other serious offences, which could be used where terrorist violence occurred. At the Commonwealth level, it did not yet have dedicated terrorism offences.

A Parliamentary Library chronology records that, as at 11 September 2001, the Northern Territory was the only Australian jurisdiction with a specific terrorism criminal offence.

Government Response

ANZUS

On 14 September 2001, three days after the attacks and following a special Cabinet meeting and consultation with the United States, Howard announced that the government had determined that Article IV of the ANZUS Treaty applied to the attacks on the United States.

Howard's statement said the decision was based on the government's belief that the attacks had been initiated and coordinated from outside the United States, and that invoking ANZUS demonstrated Australia's commitment to work with the United States against international terrorism. It was the first time the ANZUS alliance had been invoked in response to an attack of this kind.

Afghanistan

On 7 October 2001, the United States and coalition forces began military operations in Afghanistan against al-Qaeda and the Taliban under Operation Enduring Freedom. On 16 October, Howard announced that Australia would contribute about 1,500 Defence personnel to the wider operation.

The Australian contribution included naval vessels, aircraft, support personnel and Special Air Service Regiment troops. Between November 2001 and December 2002, three rotations of about 150 SAS personnel were deployed to Afghanistan as part of the Special Forces Task Group. According to the Australian War Memorial, Operation Slipper began in October 2001, with the Special Forces Task Group in Afghanistan and other Australian Defence Force elements spread across the Middle East and Persian Gulf.

The laws

The Intelligence Services Act 2001 received Royal Assent on 1 October 2001 and commenced on 29 October. It gave Australia's overseas intelligence agencies a statutory framework and set up parliamentary oversight. The bill had already been before Parliament before the attacks.

On 26 September 2001, the Attorney-General's Department set up an interdepartmental committee to review federal counter-terrorism laws. On 2 October, Cabinet approved proposals for new anti-terrorism legislation to be introduced if the Howard government was returned at the November federal election. Parliament had been dissolved on 8 October for that election, so the main package was not introduced until early 2002.

The Security Legislation Amendment (Terrorism) Act 2002 received Royal Assent on 5 July 2002, with the relevant provisions commencing on 6 July. It inserted dedicated terrorism offences into Part 5.3 of the Commonwealth Criminal Code, including offences directed at terrorist acts and at conduct connected with preparing them.

Summary

On 11 September 2001, al-Qaeda hijackers killed 2,977 people in the United States. Ten were Australian.

Within three days, the Howard government determined that the ANZUS Treaty applied. Within weeks, Australian forces were deployed to the campaign against al-Qaeda and the Taliban in Afghanistan.

Before September 11, murder, bombing, hijacking and other serious offences were already crimes in Australia. What Australia did not have at the Commonwealth level was a legal framework defining terrorist acts and criminalising preparing, supporting or taking part in terrorism. The 2002 legislation created offences that could apply before an attack had occurred. Later cases on this timeline involve arrests made before any attack, and prosecutions for preparation, conspiracy, possession of material connected with terrorism and membership of terrorist organisations.

You be the judge.

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