USQ Law Society Law Review
I
Brie Robertson
Winter 2021
TARRANT HISTORY
Brenton Tarrant’s pathway of radicalisation and conversion to extremism does not differ from the pathways individuals who are radicalised by Jihadism. Tarrant’s exposure to right-winged political parties in Austria and Bulgaria where he visited historical battle sites, making personal connections which continued after he left the country5. The communications were maintained with the leader of the Austrian far-right group, Identarian Movement, also known as Generation Identity (GI) via English speaking videos and included financial exchange6. Tarrant’s indoctrination into far-right extremism mirrored those of other extremist beliefs such as jihadism. He used the online environment to his advantage viewing propaganda material, communication with overseas movements. Specifically, Tarrant’s travels overseas can be directly linked to exposure to far-right political movements in Bulgaria, and financially assisting Austrian far-right political parties 7. The mosque shootings were planned meticulously taking over two years to plan and prepare. As Tarrant was back based in Australia and New Zealand for these years, his use of online platforms was a necessity8. Whilst Tarrant’s ideology was far-right, specifically cultural purity, and xenophobia, he sought segregation over supremacy. Illustrating the known difficulty of specifically identifying what this form of ideology is in the legal sphere.
II
CURRENT TERRORISM LAWS
Australia’s current anti-terrorism laws are found in Part5.3 of the Criminal Code Act 1995, whilst laws against foreign incursions and recruitment are in Part 5.59. These laws focus on seven different sub types of crime: terrorist act offences; terrorist organisations; preventing the financing of terrorism; urging violence and advocating terrorism offences: Foreign incursions and recruitment offences; control orders; and preventative detention orders10. Whilst there are many offences related to the anti-terrorism laws, they all share the same Australian legal definition of a terrorist act needing the threat to meet the criteria of: ‘It intends to coerce or influence the public or any government by intimidation to advance a political, religious or ideological cause. It causes one or more of the following:
5
. Linton Besser, 2019. "Austrian Far-Right Group Faces Ban After Donation From Alleged Christchurch Shooter." Australian Broadcasting Corporation. 6 . Ibid. 7 . Ibid 8 Beatrice Williamson, ‘Brenton Tarrant: the processes which brought him to engage in political violence’ (2020) The Handa Centre for the Study of Terrorism and Political Violence Short Papers <http://cstpv.wp.standrews.ac.uk/files/2020/08/Williamson-Tarrant.pdf> (‘Williamson’). 9 Attorney-General’s Department, Australia’s counter-terrorism laws (Webpage, 2020) <https://www.ag.gov.au/national-security/australias-counter-terrorismlaws#:~:text=Australia's%20laws%20against%20terrorism%20are,5.5%20of%20the%20Criminal%20Code.&te xt=financing%20of%20terrorism,urging%20violence%20and%20advocating,foreign%20incursions%20and%20 recruitment%20offences.>. 10 Ibid.
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