Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

International counter-terrorism measures

Australia has signed and or implemented 12 of the 13 international instruments dealing with terrorism, and moved quickly to sign two more conventions.

In addition, Australia has been intensively involved in the development of the draft Comprehensive Convention on International Terrorism, which is intended to complement the existing multilateral counter-terrorism instruments.

United Nations Instruments on Counter-terrorism

The following instruments comprise the 13 multilateral international instruments dealing with terrorism. Australia is a party to 12 of the 13, and 11 of these have been implemented in Australia’s domestic legislation.

Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo, 1963)

The Convention entered into force on 4 December 1969 and is deposited with the International Civil Aviation Organization (ICAO).

Australia did not sign Convention, but deposited an instrument of accession on 22 June 1970 with an effective date of 20 September 1970.
The Convention is implemented under the Crimes (Aviation) Act 1991.

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Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague, 1970)

The Convention entered into force on 14 October 1971 and is deposited with the International Civil Aviation Organization.

Australia signed the Convention on 15 June 1971 and ratified the Convention on 9 November 1972.

The Convention is implemented under the Crimes (Aviation) Act 1991, covering the hijacking of a civilian aircraft.

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Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Sabotage) (Montreal, 1971)

The Convention entered into force on 26 January 1973 and is deposited with the International Civil Aviation Organization.

Australia signed the Convention on 12 October 1972 and ratified the Convention on 12 July 1973.

The Convention is implemented under the Crimes (Aviation) Act 1991, covering attacks against a person on board a civilian aircraft in flight or against the aircraft itself which would endanger the aircraft.

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Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (Montreal, 1988)

The Supplementary Protocol to the Convention on the Suppression of Unlawful Acts against the Safety of Civil Aviation (Sabotage) entered into force on 6 August 1989 and is deposited with the International Civil Aviation Organization.

Australia did not sign the Protocol, but deposited an instrument of accession on 23 October 1990, with an effective date of 22 November 1990.

The Protocol is implemented under the Crimes (Aviation) Act 1991, covering attacks against a person at an international airport which causes or is likely to cause serious injury or death, or attacks against the facilities of or aircraft located at an international airport, which endanger or is likely to endanger safety at that airport.

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Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome, 1988)

The Convention entered into force on 1 March 1992 and is deposited with the International Maritime Organization (IMO).

Australia did not sign Convention, but deposited an instrument of accession on 19 February 1993, with an effective date of 20 May 1993.

The Convention is implemented under the Crimes (Ships and Fixed Platforms) Act 1992, covering the hijacking of a civilian ship, or attacks against a person on board a ship or the ship itself in a manner likely to endanger the safe navigation of that ship; or deliberately endangering shipping generally through sabotage or misinformation.

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Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (Rome, 1988)

The Protocol entered into force on 1 March 1992 and is deposited with the IMO.

Australia did not sign Protocol, but deposited an instrument of accession on 19 February 1993, with an effective date of 20 May 1993.

The Protocol is implemented under the Crimes (Ships and Fixed Platforms) Act 1992, covering the hijacking of a fixed platform, or attacks against a person on board a fixed platform or the fixed platform itself in a manner which is likely to endanger its safety.

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Convention on the Physical Protection of Nuclear Material (Vienna, 1980)

The Convention entered into force on 8 February 1987 and is deposited with the International Atomic Energy Agency (IAEA).

Australia signed the Convention on 22 February 1984 and ratified the Convention on 22 September 1987. 

The Convention is implemented under the Nuclear Non-Proliferation (Safeguards) Act 1987, covering the mishandling of nuclear material in a way likely to cause death or serious injury to any person or substantial damage to property, obtaining nuclear material illegally, or threatening to use nuclear material to cause death or serious injury to any person or substantial property damage.

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International Convention against the Taking of Hostages (New York, 1979)

The Convention entered into force on 3 June 1983 and is deposited with the United Nations.

Australia did not sign the Convention, but deposited an instrument of accession on 21 May 1990.

The Convention is implemented under the Crimes (Hostages) Act 1989, covering the taking of hostages in order to compel a third party, namely, a State, an international intergovernmental organisation, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage.

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Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (New York, 1973)

The Convention entered into force on 20 February 1977 and is deposited with the United Nations.

Australia signed the Convention on 30 December 1974 and ratified the Convention on 20 June 1977.

The Convention is implemented under the Crimes (Internationally Protected Persons) Act 1976, covering attacks upon the person or official premises or the means of transport of an internationally protected person likely to endanger his life, person or liberty (ie, head of State or Government, a visiting Minister for Foreign Affairs, as well as members of his family who accompany him, any representative or official of a State or any official or other agent of an international organization of an intergovernmental character).

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International Convention for the Suppression of Terrorist Bombings (New York, 1997)

The Convention entered into force on 23 May 2001 and is deposited with the United Nations.

Australia did not sign this Convention, but deposited an instrument of accession on 8 September 2002.

The Convention implemented under the Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002.

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International Convention for the Suppression of the Financing of Terrorism (New York, 1999)

The Convention entered into force on 10 April 2002 and is deposited with the United Nations.

Australia signed the Convention on 15 October 2001 and ratified the Convention on 26 October 2002

The Convention is implemented under the Suppression of Financing of Terrorism Act 2002.

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International Convention for the Marking of Plastic Explosives for the Purposes of Detection (Montreal, 1991)

The Convention entered into force on 21 June 1998 and is deposited with the International Civil Aviation Organization.

The Law and Justice Legislation Amendment (Marking of Plastic Explosives) Bill 2006 was introduced into Parliament on 7 September 2006 representing Australia’s commitment accession to the Convention

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International Convention for the Suppression of Acts of Nuclear Terrorism (New York 2005)

The Convention is open for signature from 14 September 2005 to 31 December 2006 and shall enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. The Convention requires parties to establish criminal offences with appropriate penalties in relation to a number of offences relating to nuclear terrorism.  Broadly speaking these offences include the unlawful possession of radioactive material or devices, threatening to use radioactive material or devices or damage a nuclear facility, or to demand unlawfully radio-active material, a device or nuclear facility.  Australia signed the Convention on 14 September 2005.