Wyatt Roy (Longman, Liberal Party) Share this | Hansard source

I also rise to speak on the Counter-Terrorism Legislation Amendment Bill (No. 1) 2014. This bill has been brought forward as a result one of the more unsavoury but absolutely imperative tasks of the government—and that is to protect Australia and Australians from those who would seek to do us harm. Recent images of brutal killings in Syria have shocked us all. Almost as unsettling has been the revelation that Australian citizens are among the foreign fighters being marshalled by forces of evil intent. Hundreds of Westerners are fighting with extremist groups such as ISIL, including dozens of Australians in Syria and Iraq and possibly more than 100 organisers and facilitators on the ground here in Australia. The reality is that, at this very moment, the threat of home-grown terrorism has become even starker. So there is a clear and present need for action to counter radicalisation. This bill is part of the government's comprehensive response. It especially addresses the threat posed by Australians participating in, and supporting, foreign conflicts or undertaking training with extremist groups.

This legislation will enhance the ability of law enforcement and intelligence agencies to respond to these threats through amendments to the national security legislation that will remove limitations that have hampered the course of recent operations. These operations include the deployment of the Australian Defence Force on military operations against the ISIL terrorist organisation in Iraq and Operation Appleby, which recently disrupted an alleged terrorist attack in Sydney. The amendments address three key areas. Firstly, they bolster the control order regime to allow the Australian Federal Police to seek control orders in relation to a broader range of individuals of security concern, and to streamline the application process. Secondly, they create the facility for the Australian Secret Intelligence Service, ASIS, to support and cooperate with the Australian Defence Force on military operations. Thirdly, they improve arrangements for the provision of emergency ministerial authorisation to intelligence agencies in order to undertake activities in the performance of their statutory functions.

The government has responded to the Parliamentary Joint Committee on Intelligence and Security advisory report on this important bill. I would like to take this opportunity to congratulate the chair of the committee, Dan Tehan, the member for Wannon. He has been an excellent chair of a committee in incredibly difficult times and has provided very substantial and useful recommendations to both the government and the opposition. The PJCIS recommended that the parliament pass the bill subject to the implementation of 15 other recommendations, with focus on improvements to operational and administrative safeguards to the proposed measures, including independent oversight by the Inspector-General of Intelligence and Security. The government accepts, or accepts in principle, all of these recommendations, and I reiterate that the PJCIS's final recommendation is that the bill be passed.

As I have mentioned, behind the measures in this bill are operational needs identified by law enforcement agencies, including factors that arose out of the recent Operation Appleby. The amendments 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. Although these individuals may not directly participate in terrorist acts, their support or facilitation of terrorism by providing funds and equipment or by recruiting vulnerable young people to promote their cause—and even to go so far as to die for it—is tantamount to terrorist conduct. Expanding the control order regime to cover such individuals will help to disrupt terrorism at an earlier juncture and to keep Australians safe. The amendments to the control order regime will also streamline the application process.

I would like to take this opportunity to assure the House that these amendments, despite some commentary to the contrary, will not enable ASIS to kill Australians or others. There is to be absolutely no change to existing legislation restrictions under the Intelligence Services Act, which means that ASIS:

… must not plan for, or undertake, activities that involve:

(a) paramilitary activities; or

(b) violence against the person; or

(c) the use of weapons;—

other than in accordance with the act—

by staff members or agents of ASIS.

ASIS provides intelligence support to the ADF, and the ADF is providing military support to Iraq in the fight against terrorist organisations. In the utilisation of any intelligence from ASIS the ADF is bound by its rules of engagement, which are developed in consultation with the Office of International Law in the Attorney-General's Department to ensure Australia's international law obligations are fully satisfied. Without the support of intelligence from ASIS the ADF is potentially compromised and endangered. The government has a responsibility to ensure that the ADF and its personnel are always operating from the utmost position of strength.

The government takes seriously its obligation towards oversight on matters of national security. The current control order regime is already subject to significant safeguards and oversight mechanisms, including the necessity to obtain both the Attorney-General's consent and a court order. These steps will continue to apply. This bill, which implements the PJCIS recommendations, will improve operational and administrative safeguards and require the Independent National Security Legislation Monitor to review the control order regime, with specific reference to safeguards. All of the existing safeguards and oversight mechanisms in the Intelligence Services Act 2001 will continue to apply, including those regarding amendments to better facilitate ASIS assistance to the ADF. These include the statutory thresholds for the granting of authorisations, ministerial reporting requirements and the independent oversight of the Inspector-General of Intelligence and Security. Strong oversight mechanisms will also apply to the arrangements for emergency ministerial authorisations. In the event that no relevant minister is readily available or contactable to consider or issue an authorisation, ministers must be notified within eight hours where an agency head has granted an emergency authorisation. Where a minister has provided a verbal emergency authorisation, the decision must be established as a written record within 48 hours. The Inspector-General of Intelligence and Security will have close oversight of overall emergency authorisations and the Parliamentary Joint Committee on Intelligence and Security will also be notified of all emergency authorisations.

The government and the opposition stand together against threats to our nation. As I have stated in this place before, our combined defiance sends the most staunch message that Australians will not cave in to fear. We will continue to go about our lives as a decent, fair and values-laden people. The freedoms that we espouse, including freedom of religion, are a threat only to those who wish to advance their intolerance and retribution for not adhering to their prescriptive ways.

These amended laws will help keep Australians safe and preserve our nation as one of peace, hope and opportunity. They will lower the terrorist threat at home and abroad. And, concurrently, we will develop programs to help us understand and deal with home-grown radicalisation. Young Australians at risk will undoubtedly benefit from youth diversion activities, mentoring, employment opportunities, educational pathways and counselling—and we are working hard to bring them that critical support.

The government acknowledges and welcomes the backing by local religious leaders for action against radicalisation and extremism in all its forms. Our antiterrorism measures are not targeted against any particular community or religion; they are aimed squarely at terrorists and potential terrorists. We will continue to consult with communities throughout this delicate but crucial process to ensure that the government continues to keep Australians safe both here and abroad. I commend the bill to the House.

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