Anti-Terrorism Act (No. 2) 2005 – control orders
The Anti-Terrorism Bill (No. 2) 2005 was a Howard government bill from the Attorney-General's portfolio. It was introduced in the House of Representatives on 3 November 2005 and passed the House on 29 November. It passed the Senate on 6 December with 74 government amendments. The House agreed to the Senate amendments on 7 December, and the bill received Royal Assent on 14 December 2005 as Act No. 144 of 2005. The Parliament's bill summary lists its main measures:
- control orders and preventative detention orders in the Criminal Code (Schedule 4 of the Act)
- an expanded definition of terrorist organisation
- new terrorism financing offences
- wider stop, question and search powers
- updated sedition offences
- video surveillance at major airports
- stronger ASIO powers
The Age reported that the Senate passed the bill 53 to 7 after the government cut short debate. Labor voted in favour and the Greens and Democrats voted against. Greens leader Bob Brown told the Senate: "We are in a new period of McCarthyism and we need to know that". The Age reported that control orders could last up to 12 months.
The first control order was imposed on Melbourne man Jack Thomas in August 2006, days after the Victorian Court of Appeal had quashed his convictions. The Federal Magistrates Court in Canberra granted an interim order requiring him to stay home between midnight and 5am, report to police three days a week and not leave Australia without permission. Attorney-General Philip Ruddock said the order was about "protecting the Australian community, not punishing the person for an offence".
The control order regime is still in force. The Counter-Terrorism Legislation Amendment Bill 2026, introduced on 12 August 2026, would extend the control order and preventative detention frameworks to 7 December 2029. A parliamentary joint committee is reviewing it.
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