Understanding the criteria for declaring 'terrorism' in Australia: The Sydney caravan incident

Share and Follow

The discovery of a caravan filled with explosives and antisemitic notes in Sydney’s north-west has caused a debate on the definition of a terrorist attack, amid a string of antisemitic attacks in recent months.

The foiled plot was publicly disclosed by NSW Premier Chris Minns on Wednesday, who said it was a potential “mass casualty event”.

“There’s only one way of calling it out and that is terrorism,” he said.

Prime Minister Anthony Albanese was asked on ABC Radio if he agreed with Minns’ view that it was a terrorism incident, and he responded: “I certainly do.”

“It’s clearly designed to harm people, but it’s also designed to create fear in the community. And that is the very definition,” he said.

A road surrounded on either side by trees. There are cars further down the road.

NSW Police found a caravan in Dural in Sydney packed with explosives — that had the potential to cause a “mass casualty event”. Source: AAP / Bianca De Marchi

NSW Police have not officially declared the incident as a terrorist act.

The Australian Federal Police, the Australian Security Intelligence Organisation and the Joint Counter Terrorism Team are also part of the investigations.

Police commissioner Karen Webb emphasised people can be charged with terrorism offences, without a terrorist incident being declared.

“I often get asked — and I want to clarify — about whether or not there needs to be a declaration of a terrorism event. That relates to whether there’s need for additional powers. That is separate to the issue of whether police can charge with terrorism offences,” she said.

Webb said police were investigating the possibility of a “terrorism event”.

“I also want to make the point clear that in relation to the caravan and its contents and the people that are associated with that, we are taking it as its very highest and what I mean by that is — our investigation is looking at whether the caravan and its contents are acts in preparation for a terrorism event.”

Declaring an incident a terrorist event grants police extraordinary powers in NSW — police may search people’s properties without a warrant, demand the disclosure of people’s identities and establish a roadblock around a target area.

How is terrorism defined?

There is a legal definition of terrorism that’s used to charge and prosecute people under terrorism legislation, which may differ from how the public perceives what terrorism is.

Terrorism in Commonwealth law is defined as an act or threat that is intended to “advance a political, ideological or religious cause” and “coerce or intimidate an Australian or foreign government or the public”.

The acts or threats are “ideologically motivated” or “religiously motivated”.

The behaviour fits this definition if it “causes serious physical harm to a person or serious damage to property, causes death or endangers a person’s life, creates a serious risk to the health and safety of the public, or seriously interferes, disrupts or destroys an electronic information, telecommunications or financial system”.

The difference between a ‘terrorist act’ and ‘terrorism’

Terrorism is an umbrella term that refers to terror charges, while a “terrorist act” is a specific offence.

Emily Corner, an associate professor at the Australian National University’s Centre for Social Policy Research, said: “You can be defined as a terrorist offender without ever conducting an act of violence.”

“You could be arrested for preparations for a terrorist attack; you could be convicted for financing other terrorist offenders. You can be convicted under the Terrorism Act for even searching terrorist content online,” .

Terrorism laws in Australia have significantly expanded and multiplied since the September 11 attacks in the United States in 2001.

Unlike other Australian jurisdictions, in the Northern Territory, there is a specific offence of terrorism rather than a general definition of a ‘terrorist act’.

What does ASIO say?

In August last year, the Australian Security Intelligence Organisation (ASIO) raised the national terrorism threat level to ‘probable’ — meaning the organisation assessed there was a greater than 50 per cent chance of a domestic terrorist attack or attacking planning in the next 12 months.

ASIO director-general Mike Burgess said on Thursday the agency was investigating multiple antisemitic incidents in Australia in conjunction with law enforcement partners.

Burgess said while ASIO keeps the national terrorism threat level under review, he did not anticipate changing the threat level from probable in the immediate future.

“One of the key reasons we raised the threat level in August 2024 was because we anticipated spikes in politically motivated violence,” he said.

“Unfortunately, the security environment has evolved almost exactly as we expected.”

Burgess said while the NSW caravan matter remained under police investigation, ASIO did not believe there was an ongoing threat to public safety.

“I understand how distressing these incidents are, and want to assure members of the community ASIO is using the full range of its capabilities to assist multiple police investigations, including through the well-established structures of Joint Counter Terrorism Teams around the country.”