Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

I thank my friend the member for Hunter for his question, and I acknowledge his contribution to our nation’s national security. Protecting the safety and security of its citizens is the highest priority for a government, and a crucial part of that responsibility is ensuring that there is a legal framework in place that gives our law enforcement and security agencies the right tools that they need to protect our community but, at the same time, ensuring that our laws are balanced, that they have safeguards and that they are accountable in their operation.

In August of last year I released a discussion paper outlining how the government proposed to respond to four key reports, including two reports that were bipartisan, from committees during the time of the former government. One of the more recent reports, of course, was that of the Hon. John Clarke QC in respect of the matter of Dr Mohammed Haneef.

The bills responding to those reports and operational recommendations are extensive, and obviously I will not go through the details of all, but in some cases there is an enhancement of powers, including, for instance, new powers for the police to enter premises without a warrant in an emergency situation where it is necessary to do so to render safe a substance or piece of equipment that could cause danger to the public. There is also provision for an extension of time to re-enter premises, as we would expect, in a potential terror situation if it is necessary to evacuate it for the purpose of exercising a warrant. Significantly, there is also an expansion of the ‘urging violence’ offence so that it applies to individuals as well as groups who incite violence on the basis of race, religion, nationality, ethnic origin or political opinion.

As I have noted, the bill also contains safeguards. As recommended by the Clarke inquiry, we will be establishing a maximum seven-day limit on the amount of time that can be specified by a magistrate and disregarded from the investigation period when a person has been arrested for a terrorism offence. We have also extended the ‘good faith’ defence in respect of the new crime of urging violence to specifically include artistic, journalistic or academic work that has been prepared and undertaken in good faith. Also in terms of accountability, we have established the Parliamentary Joint Committee on Law Enforcement, which will have oversight of not only the Australian Crime Commission but also the Australian Federal Police. In that context, we will be empowering the Prime Minister to refer to the Inspector-General of Intelligence and Security the ability to inquire into any other Commonwealth agency, including the Federal Police.

I should indicate that it is not simply legislation that we have amended as a result of the four inquiries. A lot of work has been done by the agencies to implement recommendations of the Street review and the Clarke review in terms of working together cooperatively. For instance, there is a joint operations protocol between ASIO and the Australian Federal Police and a new counterterrorism prosecution guideline in terms of their relationship with the Director of Public Prosecutions. I think the success of those operations, their expertise and their working cooperatively are demonstrated in the recent successful prosecutions. The government is pleased to have introduced this important legislation, which represents a significant move to a safer and more secure Australia.

See this speech in context