Senate rejected jail for unapproved terror repatriations
Senator Jonathon Duniam wanted up to 10 years' jail for some people who help others come back to Australia. It would apply when the person coming back is linked to terror and two ministers have not said yes in writing. It would also have kept the "declared areas" crime alive until 2030. The Senate voted it down on 1 April 2026.
Official name: Criminal Code Amendment (Keeping Australia Safe) Bill 2026
- Helping someone linked to terror come into Australia without written okay from two ministers would have become a crime.
- The top penalty was 10 years in jail.
- The government and its agencies were not covered by the new crime.
- The crime of going to a "declared area" overseas would have lasted until 7 September 2030.
- The Senate voted the bill down on 1 April 2026.
Who it affects
- People who organise or help someone travel to Australia: They could have faced up to 10 years' jail if that person was linked to terror and the ministers had not said yes in writing.
- People overseas who have been in declared areas or linked to terror groups: Anyone arranging their trip back without okay would have risked being charged. Their own right as a citizen to enter Australia was not changed.
- The Foreign Affairs Minister and the Home Affairs Minister, who looks after borders and security: They would have had to say yes in writing before any private help to come back was legal.
- Federal government agencies: They could still arrange trips back themselves, because the new crime did not cover them.
Terror area crime ends 2027
The Criminal Code is the main federal law that lists crimes. It has a crime of going to, or staying in, a "declared area" overseas. The Foreign Affairs Minister can name an area where a terror group is active. Going there without a good reason is a crime.
That law has an end date. It stops working on that day unless Parliament renews it. Right now the declared areas crime ends on 7 September 2027.
Senator Jonathon Duniam brought this private bill to the Senate, Parliament's second house, on 3 March 2026. A private bill is one not brought by the government.
His notes on the bill explain the aim. Some people are linked to declared areas or terror. They should only come back to Australia if the federal government properly approves it. Bringing people back home like this is often called repatriation.
Helping certain people enter
The bill would have made a new crime in section 119.3A of the Criminal Code. It applies to someone who organises or helps another person come into Australia from another country.
It covers three kinds of people being helped. The first is a person who has gone to or stayed in a declared area, or done another terror crime. The second is a person the helper knows plans to do one of those things before coming to Australia. The third is anyone who is or has been a member of a terror group.
The top penalty would have been 10 years in jail.
Say a relative books flights and pays for travel papers. They want to bring home a family member who joined a terror group overseas. Without the ministers' written okay, the relative could have been charged.
Who could have helped
The new crime would not apply to a federal government body, or anyone acting for it. This means the government and its agencies could still organise trips back.
It would also not apply if two ministers said yes in writing first. They are the Minister for Foreign Affairs and the Minister for Home Affairs.
A person charged would have to point to some proof that they had this okay.
There is a special rule about whether the person was a government body, or acting for one. The police lawyers would not need to prove what the person knew or meant about those facts.
The bill's notes say it does not stop any Australian citizen from coming into Australia. It only covers the people who organise or help the trip.
Declared areas crime kept going
The bill would have pushed back the end date for the declared areas crime, and a linked section. It would move from 7 September 2027 to 7 September 2030. That keeps the crime going for three more years.
Planned start
The changes would have started the day after the Governor-General, the King's representative, signed the bill into law.
The bill's notes say it would not have a big effect on the budget. Agencies would cover any costs from the money they already have.
Voted down in the Senate
Senator Duniam opened the debate on the bill's main idea on 3 March 2026.
The Senate debated it on 11 March and 1 April 2026. On 1 April 2026 it voted against the main idea of the bill. That ended the bill. It will not become law in this form.
How they voted
| Vote | Result |
|---|---|
| Vote to bring it in House of Representatives, 3 March 2026 Labor 86 no, Liberal 16 aye, LNP 10 aye, Nationals 10 aye, Independent 1 aye, 6 no, Centre Alliance 1 aye, One Nation 1 aye, Greens 1 no | Noes won 93 to 39 |
| Vote on the main idea Senate, 1 April 2026 Labor 22 no, Liberal 16 aye, Greens 10 no, One Nation 4 aye, LNP 2 aye, Nationals 2 aye, Independent 2 no, Country Liberal 1 aye, United Australia 1 aye | Noes won 34 to 26 |
Its journey through Parliament
| 03 Mar 2026 | Senate: Introduced and read a first time |
| 03 Mar 2026 | Senate: Second reading moved |
| 11 Mar 2026 | Senate: Second reading debate |
| 01 Apr 2026 | Senate: Second reading debate |
| 01 Apr 2026 | Senate: Second reading negatived |