Abstract
This article focuses on the ways in which new anti-terrorism laws in Part 5. 3 of the federal Criminal Code depart from, or challenge, traditional criminal law principles. It focuses on five key principles: the use of motivation as an element of an offence; the extension of offences to include preparatory actions; the use of offences to punish a person’s status, rather than their actions; the reversal of the burden of proof; and the practice of detaining people without charge, trial or conviction. Examples of approaches taken in the United States, the United Kingdom, Canada, New Zealand and South Africa are explored where they provide a useful context or point of comparison to the approach taken in Australia.
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