Prevention and pre‐emption in Australia's domestic anti‐terrorism legislation

14 November 2012

This article examines whether prevention in anti‐terror law is distinct from prevention in other areas of Australian law.

The move towards prevention in domestic anti-terror law and policy was initially justified as an exceptional response to the exceptional threat of transnational terrorism following September 11, 2001. However, commonalities are discernable between prevention in anti-terror law and prevention as employed in other areas of Australian law. To begin contextualising and analysing preventive practices in Australia, a framework is required.

‘The preventive state’ provides one way to view the collection of preventive measures employed in Australia. Engaging a governmentality perspective has the potential to make visible prevention and pre-emption in law and governance, and to inform critical treatment of the preventive state itself. Whether and how prevention and pre-emption in anti-terror law differ from and exhibit continuities with other preventive measures has the potential to expose issues of selectivity and proportionality between preventive measures and force consideration of the limits of state action to prevent or pre-empt harm.

Publication Details

Item Type: 

Cite this document

Tamara Tulich, 2012, Prevention and pre‐emption in Australia's domestic anti‐terrorism legislation, International Journal for Crime and Justice, viewed 30 March 2015, <>.

Page metrics

Total views This Month This Week Today Download count
1309 54 1 0

Page Shares