Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 amends several acts and provides a number of important measures that will enhance the capability of Australia's law enforcement, intelligence and border protection agencies to protect Australian communities from the threat posed by returning foreign fighters and those individuals within Australia supporting foreign conflicts.

The Attorney-General has commented about the nature of the security threats that we all face and, therefore, the necessity of this legislation. The risk posed by returning foreign fighters is one of the most significant threats to Australia's national security in recent years.

The bill has had the benefit of being reviewed by the Parliamentary Joint Committee on Intelligence and Security, under the chairmanship of Mr Dan Tehan, the member for Wannon. The government supports all 37 of the committee's recommendations and we thank the committee for its detailed consideration of this bill. Amendments were made to the bill in the Senate to implement these recommendations. These amendments improve the clarity of certain provisions in the bill and ensure the powers provided for in the bill are subject to appropriate review.

Against this background, the bill enhances the capability of our security agencies and strengthens Australia's already robust counterterrorism laws in several key areas. Measures in the bill will improve this regime by clarifying what is meant by 'advocating a terrorist act' for the purposes of listing terrorist organisations. This updated definition will cover circumstances where an organisation directly or indirectly promotes or encourages the doing of a terrorist act. Amending the terrorist organisation training offences will also enable prosecutions in circumstances where there are no formally defined teaching and learning roles in a training session.

The bill will provide for the continuation and enhancement of a number of key counterterrorism measures, including control orders, preventative detention orders, police stop, search and seizure powers, and ASIO questioning and detention powers so that these powers will continue to be available to relevant authorities. This bill will see them extended until two years after the anniversary of the 2013 federal election—7 September 2018. The National Security Legislation Monitor will complete a review of these offences by 7 September 2017 and the Parliamentary Joint Committee on Intelligence and Security will conduct a review by 7 March 2018.

Enhancing the capacity of law enforcement and security agencies to monitor and investigate individuals of security concern is essential to combat the foreign fighter threat. A delayed notification search warrant scheme will allow the AFP to covertly enter and search premises without the knowledge of the occupier of the premises, and then provide notification at a later date. By delaying notification of the execution of the warrant, the AFP will have the significant tactical advantage of allowing an investigation to remain confidential. Extensive safeguards will ensure that the bill balances the legitimate interests of the Commonwealth in preventing serious terrorism offences with the need to protect important human rights.

Lowering the threshold for arrest without warrant for terrorism offences

The bill is amending the arrest threshold for foreign incursion and terrorism offences to allow the police to arrest individuals on reasonable suspicion, rather than reasonable belief. Amending the threshold in this way will enable police to take rapid action to prevent individuals boarding a plane to travel overseas in circumstances where there may not be sufficient time to gather evidence to achieve the current threshold of reasonable belief. This will enable law enforcement agencies to disrupt terrorist activity at an earlier stage.

Improving the collection and admissibility of evidence collected overseas

The successful prosecution of terrorism-related offences often relies on evidence obtained from outside Australia, where the majority of the alleged offending often occurs. The amendments to the Foreign Evidence Act 1994 will provide Australian judicial officers greater discretion in deciding whether to admit foreign material in terrorism-related proceedings, while still providing the appropriate judicial protection of the rights of the defendant. That is, judicial officers will consider the evidentiary value of the foreign material and whether the admission of the material would have a significant adverse impact on the right of the defendant to a fair trial.

New ' advocating terrorism ' offence

The bill also introduces a new offence of 'advocating terrorism'. Currently an organisation can be listed as a terrorist organisation if it directly or indirectly counsels or urges the doing of a terrorist act, directly or indirectly provides instruction on the doing of a terrorist act, or directly praises the doing of a terrorist act. However, there is a current gap in the law around individuals promoting terrorism. To address this issue, a person will commit an offence if they intentionally counsel, promote, encourage or urge the doing of a terrorist act or the commission of a terrorism offence. The offence carries a maximum penalty of five years imprisonment.

New 'declared area' offence

The bill creates a new offence of entering a declared area overseas where terrorist organisations are active. This will enable law enforcement agencies to bring to justice those Australians who have committed serious offences, including associating with, and fighting for, terrorist organisations overseas. However, it would not prevent a person from travelling overseas, including to a declared area, for defined legitimate purposes.

Expand existing Customs' detention powers

The bill will allow Customs officers to detain a person where the officer has reasonable grounds to suspect that the person is intending to commit a Commonwealth offence, or is a threat to national security or the security of a foreign country. Once detained by a Customs officer, the individual will be made available to the appropriate law enforcement agency as soon as practicable. These amendments play a crucial role in Australia's defence against foreign fighters, as they prevent individuals from travelling outside Australia where their intention is to commit acts of violence.

Expand the collection and use of personal identifiers of citizens and non-citizens both arriving and departing from Australia

Currently, the Department of Immigration and Border Protection and the Australian Customs and Border Protection Service are only aware that a person is intending to depart Australia when the traveller presents for check-in and boarding. This provides a short time frame to assess any potential alerts or risks. Amendments in the bill will expand the existing Advance Passenger Processing system, requiring airlines and maritime vessels to report on persons who are expected to be on a departing flight or voyage.

The bill also includes measures which will allow the Department of Immigration and Border Protection to collect, access, use and disclose personal identifiers for purposes of identification of persons who may be a security concern to Australia or a foreign country. These amendments will allow for an authorised system, such as eGate, to perform accurate biometric identification almost instantaneously, and will contribute to strengthening Australia's borders.

Enable ASIO to recommend visa cancellation of a person who is offshore, who ASIO suspects might be a risk to security.

The bill will enable the Minister for Immigration to cancel the visa of a person who is offshore where ASIO suspects that the person might be a risk to security. This amendment will provide ASIO with 28 days to conduct further investigation and issue an assessment that the former visa holder is a direct or indirect risk to security, and recommend their visa should remain cancelled. If ASIO does not provide such an assessment within 28 days, the Minister for Immigration must revoke the visa cancellation, and the person's visa will be re-instated. This emergency visa cancellation provision will better enable the Australian government to ensure that noncitizens who might be a threat to security are not able to return to Australia whilst further ASIO investigations remain ongoing.

L imiting the means of travel for foreign fighting or support for foreign fighters

The bill will enable the Minister for Foreign Affairs to temporarily suspend a passport to prevent a person who is onshore in Australia from travelling overseas where ASIO has unresolved security concerns about them. This amendment will provide ASIO with the capacity to prevent and disrupt individuals of security concern, at short notice, from going overseas to participate unlawfully in foreign conflicts.

Welfare cancellation

Finally, the bill will amend several laws to provide for the cancellation of welfare payments for individuals of security concern. This important measure will ensure that the government does not inadvertently support individuals engaged in conduct that is considered prejudicial to Australia's national security.

The Australian government is committed to fulfilling its most important responsibility—to protect Australia, its people and its interests—and we will continue to do so while instilling confidence that our national security and counter-terrorism laws will be exercised in a just and accountable way. This bill is an important step in the government's continuing efforts to strengthen Australia's robust national security laws to proactively and effectively address the threat posed by returning foreign fighters. I commend the bill to the House.

Leave granted for second reading debate to continue immediately.

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