Karen McNamara (Dobell, Liberal Party) Share this | Hansard source

I rise today to support the Counter-Terrorism Legislation Amendment Bill (No. 1) 2014, which contains a suite of amendments to the Criminal Code Act 1995 and the Intelligence Services Act 2001. I am of the belief that the most important role of government is to maintain its nation's sovereignty and protect its people. Measures contained within this bill address the urgent operational needs that have been identified by our intelligence, defence and law enforcement agencies. Recently, I had the opportunity to speak in the House about the importance of Australian citizenship and the necessary role we must play in enhancing and enshrining its significance in the face of a rapidly changing global environment.

This bill forms another part of the government's comprehensive response to security threats both at home and abroad. In particular, it responds to the threat posed by Australians participating in and supporting foreign conflicts or undertaking training with extremist groups. The terrifying new reality of home-grown terrorism strikes at the heart of government's most solemn duty. We as a parliament and as a proud nation must be prepared. During my recent contribution to the Australian Citizenship and Other Legislation Amendment Bill 2014, I stated:

We are now facing challenges from those who wish to do us harm and from the terrifying concept of home-grown terror. The enemy within—who was born and raised in this great nation, who benefited from our education system, who may have been part of a local sporting team, who has now turned their back on the freedoms and privileges afforded to citizens of this great nation—is now prepared to promote extremism and bring harm to their fellow countrymen and countrywomen, probably the same men and women who they grew up with and went to school with.

This bill will assist the government to improve the ability of law enforcement and intelligence agencies to respond to threats through necessary and urgent amendments to national security legislation, which will address limitations identified in the course of recent operations.

In the decade following the September 11 terrorist attacks on the Western world, we have seen terrorism undergo rapid evolution. When faced with the threat of terrorism, governments must act swiftly and with purpose. As a government, we are steadfast in our resolution to uphold and defend democracy and the rights and freedoms of the democratic world. Australia faces serious and ongoing terrorist threats as evidenced by the amount of Australians who are currently participating in foreign conflicts and undertaking training with overseas extremist groups. This is why the government are playing its role in the global fight against terrorism, including the deployment of Australian Defence Force personnel to undertake military operations against the ISIS terrorist organisation in Iraq.

We must remember that more than a million Iraqis have been driven from their homes by an extremist death cult, determined to commit genocide to eradicate a particular group of people from the world. The shocking images of beheadings, including innocent Westerners, crucifixions and mass executions will scar our memories for the remainder of time, and our thoughts are with the families of victims of these barbaric acts of atrocity. Prime Minister Tony Abbott has said of this enemy:

I refuse to call this hideous movement an 'Islamic state' because it is not a state; it is a death cult. In good conscience, Australia cannot leave the Iraqi people to face this horror, this pure evil, alone—or ask others to do in the name of human decency what we won't do ourselves.

For many Australians, this threat may seem a world away; however, we must not forget the recent success of Operation Appleby that prevented planned terrorist attacks in Sydney. Australia is certainly a lucky country and our democracy was not born from bloodshed, civil uprising or war. To this end, the concept of people wanting to do harm to our people remains a foreign one; however, those who hate our freedoms and our way of life cannot be reasoned with, and they fail to respect the defence of democracy around the world.

The Bali bombings were an attack against Australians, Australia, democracy and the Free World. Eighty eight innocent Australians needlessly lost their lives in this atrocious act of terrorism. In the aftermath, the then Prime Minister the Hon. John Howard MP said:

What happened was barbaric, brutal mass murder without justification … It is a terrible reminder that terrorism can strike anyone anywhere at any time. Nobody anywhere in the world is immune from terrorism. It is a reminder that, in this time of a borderless world, with a particularly mobile young population, Australia can scarcely imagine that it can be in any way immune from such horrible attacks.

Twelve years on, we must never forget this face of evil and continue to sharpen and strengthen our resolve.

The amendments within this bill address three key areas. They enhance the control order regime to allow the Australian Federal Police to seek control orders in relation to a broader range of individuals who present security concerns and to streamline the application process. This bill facilitates the Australian Secret Intelligence Service supporting and cooperating with the Australian Defence Force on military operations. There is an urgent need to make amendments to the Intelligence Services Act 2001 to ensure that intelligence agencies can undertake relevant activities in support of the Australian Defence Force's operation in Iraq against the Islamic death cult terrorist organisation. And this bill enhances the arrangements for the provision of emergency ministerial authorisations to intelligence agencies to undertake activities in the performance of their statutory function.

Matters of national security should rise above the political divide. As such, the government has accepted or accepted in principle all of the recommendations from the Parliamentary Joint Committee on Intelligence and Security. The committee tabled its advisory report on this bill on 20 November 2014. Furthermore, the committee recommended that parliament pass the bill subject to the implementation of 15 recommendations, which focus on improvements to operational and administrative safeguards to the proposed measures. These include the independent oversight by the Inspector-General of Intelligence and Security. The measures in this bill have been proposed as a result of instances of operational requirements identified by law enforcement agencies subsequent to the introduction of previous legislation. These changes are a result of actual activities, including Operation Appleby, which successfully intercepted and prevented a planned terrorist attack in Sydney. These are necessary reforms that must be supported by this parliament.

Amendments proposed within this bill will allow the Australian Federal Police to request, and an issuing court to make, a control order in relation to those who 'enable' and those who 'recruit'. Such powers are absolutely necessary if we are to defeat home-grown terrorism. This bill, if passed, will enhance the control order regime provisions under the Criminal Code Act 1995, to allow the Australian Federal Police to seek control orders in relation to a broader range of individuals of security concern. Not all sympathisers of the ISIL death cult will leave our shores to physically lift a gun and fire a bullet. Some will have a terrifying role to conduct from the comfort of the Australian suburbs. This includes supporting and facilitating terrorism through the provision of funds and equipment, or by recruiting vulnerable young people to champion their cause—and even to die for it—and, more alarmingly, to conduct acts of barbaric terrorism here on Australia shores. This bill provides our law enforcement agencies with the appropriate powers to identify and prevent such threats. The extension of the control order regime to cover individuals supporting terrorist activities will disrupt terrorism at an earlier stage, and will help to keep Australia safe.

The role of the Australian Secret Intelligence Service is to provide intelligence support to the Australian Defence Force. Currently we have members of the Australian Defence Force deployed overseas in Iraq, fighting against a ruthless, destructive and inhumane terrorist organisation. They are doing so to prevent the spread of people throughout the Western world, and to protect Australia and its people. I would like to take this opportunity to again commend to the House the men and women in our Australian Defence Force for their unwavering commitment and for their service to our nation. On behalf of all Australians, I thank them. Without intelligence such as that provided by the Australian Secret Intelligence Service, the Australian Defence Force is not only hindered but could potentially be placed in danger. The government must ensure the Australian Defence Force is in the best position to protect its personnel. Measures proposed within this bill will help achieve this objective.

I opened my contribution to this debate by stating that the most important role of government is to maintain its nation's sovereignty and to protect its people. In doing so, we must ensure that we operate within an adequate framework, which enforces relevant safeguards and oversights. The existing control order regime is already subject to significant safeguards and oversight mechanisms, including the need to obtain both the Attorney-General's consent and a court order, and this will continue to apply. This bill, including implementation of recommendations of the Parliamentary Joint Committee on Intelligence and Security, will improve operational and administrative safeguards, and will require the Independent National Security Legislation Monitor to review the control order regime with specific references to safeguards. All of the existing safeguards and oversight mechanisms in the Intelligence Services Act 2001 will continue to apply, including in relation to the amendments to better facilitate the Australian Secret Intelligence Service assistance to the Australian Defence Force. Included are the statutory thresholds for the granting of authorisations; ministerial reporting requirements; and the independent oversight of the Inspector-General of Intelligence and Security.

Furthermore, oversight mechanisms will also apply to the arrangements for emergency ministerial authorisations. These amendments make provision for the contingency that 'relevant ministers be temporarily contactable when there is an urgent, previously unforeseen, need to collect vital intelligence'. As it stands, there is no legal basis on which agencies can undertake activities in these circumstances. As a result, critical intelligence collection opportunities may be missed. The amendments contained in this bill will enable an agency head to grant a limited emergency authorisation. These authorisations are strictly limited to 48 hours maximum and cannot be renewed. It is important to note such measures, as they demonstrate the diligent and necessary approach taken by this government in order to address terrorism threats and to protect our nation. In his second reading speech on this bill, the Counter-Terrorism Legislation Amendment Bill (No. 1) 2014, Senator the Hon. George Brandis summarised by saying that the measures in the bill 'will be of particular utility in circumstances of urgency presented by the activities of Australians who participate in foreign conflicts, including fighting with, or otherwise supporting the violent activities of, terrorist organisations.'

As a government and as a nation, failure is simply not an option. We must continue to demonstrate our resolve and to defend our freedom. This legislation continues this government's determination to defeat the evils that wish to do us harm. We owe it to our Defence Force personnel who are currently abroad, resolutely carrying out their duties to keep us safe; we owe it to the Australians who have lost their lives as a result of the senseless and barbaric acts of terrorist organisations; and we owe it to current and future Australians who deserve to enjoy a safe and prosperous Australia, free from the threat and danger of ideological extremists. Simply put, this is the greatest challenge a government can face. History will remember how we rose to the challenge. This bill will ensure that we are as prepared as possible to defend our freedoms and our great nation.

I commend this bill to the House.

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