Fiona Scott (Lindsay, Liberal Party) Share this | Hansard source

I rise this evening in support of the government's Counter-Terrorism Legislation Amendment Bill (No. 1) 2014. This legislation is about the protection of our nation. The Prime Minister is correct in saying that protecting our people is the first duty of government—and it is for this that I rise in support of the legislation. The people of Australia have been rightly alarmed by the activities of terrorist organisations such as the Islamic State. The visions on our TVs, newspapers, and online have been nothing short of abhorrent and evil—from mass killings to horrific beheadings and crucifixions at the hands of these extremists of hate. Nothing can justify the beheadings, crucifixions, mass executions, ethnic cleansing, rape, sexual slavery and the genocide that have taken place.

It is a responsibility of the government to equip our security agencies to protect our people from those who wish to harm us. As an international community we must work together to stamp out the evil threat of terrorism. We must further stand united to not only see that our own homeland is safe but also see that our youth are no longer corrupted by these toxic and poisonous terrorist organisations.

Therefore, on 24 September, the United Nations Security Council sought, through resolution 2178, to condemn violent extremism and decided that member states shall prevent the recruiting, organising, transporting or equipping of individuals who travel to a state other than their states of residence or nationality for the purpose of the perpetration, planning of or participation in terrorist acts. Further, the Security Council expressed concern over the establishment of international terrorist networks. The council underscored the particular and urgent need to prevent the travel and support of foreign terrorist fighters.

Australia does face a serious and ongoing terrorist threat from Australians who have participated, fought or trained in foreign conflicts. These amendments will further strengthen and enhance the operation of the control order regime in the Criminal Code Act 1995 and will aid the response of our law enforcement agencies in operational issues following these counterterrorism raids that we saw earlier in the year.

On 1 October, I rose in this place to record the sentiment of many residents from Lindsay. Today I will repeat their voices. James Collins from South Penrith said, 'I applaud the government for securing Australia borders and introducing legislation giving the police, national security and ASIO additional powers to cope with the current terrorist situation in Australia.' Tania Cook from Orchard Hills said: 'Why allow anyone who is going overseas to fight with IS back in Australia? Why not let them stay there and live in a place that has no safety or peace?' Barry Sufflingfrom Penrith said, 'People proposing to emigrate to Australia must swear to never bring their home countries' tribal conflicts or wars to this country.' Wendy Johnson of Emu Plains said, '… keeping Australia secure and safe for us, our children and future generations.' Mr and Mrs Richard Last of Oxley Park said simply, 'Stop the terrorists.'

I rise tonight in support of my local community that has asked for increased protections to keep them and their families safe. This is not about an ethnicity or a religious group; this is about the actions of a small minority: a death cult. The foundations of our local community, particularly in Western Sydney, are built on multiculturalism, inclusion, peace and an overwhelming fusion of many cultures.

This legislation contains a package of amendments to the Criminal Code Act 1995 and the Intelligence Services Act 2001. This bill is part of the government's comprehensive response to the heightened security threat both internationally and at home, and in particular to that posed by Australians participating in and supporting foreign conflicts or undertaking training with extremist groups. It will enhance the ability of Australia's law enforcement and intelligence agencies to take timely action in relation to Australian persons who are, or are suspected of being, involved in terrorism related activities. This includes a person who is enabling or supporting terrorist activities or who is suspected of fighting with terrorist organisations or in foreign conflicts.

This bill addresses pressing legislative limitations identified in the context of present or recent operational activities such as domestic and counter-terrorism investigations and Australian Defence Force activity against the ISIL terrorist organisation in Iraq. The bill will enhance the control order regime in 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—namely, those who support or facilitate terrorists and foreign fighters.

Amendments to the Intelligence Services Act 2001 will enhance the ability of the Australian Secret Intelligence Service to assist the Australian Defence Force in support of military operations. Following consultation with relevant agencies, the government has decided to accept or accept in principle all of the recommendations in the report. Thirteen of the recommendations will result in minor amendments to the bill and explanatory memorandum.

These amendments also address practical limitations identified in the arrangements for emergency ministerial authorisations, which apply to all three ISA agencies: ASIS, the Australian Signals Directorate and the Australian Geospatial Intelligence Organisation.

ASIS provided essential support for the Australian Defence Force in Afghanistan. The support ranged from force protection reporting at the tactical level through to strategic level reporting on the Taliban leadership. ASIS reporting was instrumental in saving the lives of Australian soldiers and civilians, including victims of kidnapping, and enabling operations conducted by Australian special forces. However, differences in circumstances in Iraq mean that reliance on existing provisions of the ISA in relation to the functions of ASIS, which are not specific to the provision of assistance to the Australian Defence Force, is likely to limit ASIS's ability to provide such assistance in a timely way.

Experience in responding to urgent requirements for ministerial authorisations has identified that the existing emergency authorisation arrangements under section 9A of the ISA do not sufficiently address the need for ASIS, ASD or AGO to be able to obtain a ministerial authorisation in an extreme emergency. The proposed amendments will address limitations identified in this provision. The bill will amend the way in which senior Australian Federal Police force members can apply for control orders. No longer will the Australian Federal Police be burdened by having to explain, in their application, why each of the obligations and restrictions should be imposed. Instead, senior Australian Federal Police members would only be required to justify these as a whole.

The underlying purposes of a control orders regime will be expanded under the proposed bill, as opposed to previous legislation that merely increased the grounds for an application to be made. The expansion of the rationale and purposes of the control orders regime is being introduced in order to redress operational issues for the Australian Federal Police and security and intelligence personnel, especially when conducting raids. The changes to the regime are being proposed following those previous well documented and publicised raids earlier in the year. By extending the rationale and purposes for the control orders regime, the bill will parallel the extension of the reach of terrorism and foreign incursions offence regimes, previously amended, ensuring continuity and a streamlined process and approach to counter-terrorism. Allowing the departmental heads of ASIO, ASD and the AGO to authorise counter-terrorism activities in place of ministers in emergency circumstances will allow a quicker and more dynamic response to such situations as they may arise.

The bill also provides a situation where ASIS intelligence can be shared with the Australian Defence Force. As noted in the explanatory memorandum, ASIS is currently being severely limited in providing such assistance under current legislation. The introduction of authorisations by ministers in relation to the classes of Australian persons will facilitate a timely performance in the operational security and intelligence gathering by ASIS which, in turn, will support the Australian Defence Force and its military operations. This provision of the bill, therefore, is not just about safety but is also about ensuring that the bill as a whole functions effectively and the process of gathering intelligence and using that intelligence is smooth, particularly in time sensitive situations where such flow of data is necessary.

Australia is a very great nation. Together, the entire parliament must strive to protect and support our local communities for a better future and a better life. The brutality and confronting imagery that we have seen internationally reminds us that this terrorist threat is on our doorstep and of the fragility of the democracy that we enjoy here in Australia. For the terrorists to succeed they must strike at the hearts and the minds of innocent people. The evil that is ISIS must not succeed. We must all stay strong to protect the Australian life that we all so love and cherish. To quote the Prime Minister:

… it's a sign that hope is stronger than fear and that decency can prevail over brute force.

Australia should remain a country where people trust each other, welcome newcomers and are justifiably confident that, in most respects, our future will be even better than our past. Our country must remain a beacon of hope and optimism that shines around the world. We should remain a country where people trust each other. We will fight to protect these values. Together, we should hope to protect Australia's way of life and outlaw extremist behaviour. All in all, this legislation is about keeping all Australians safe. I commend the bill to the House.

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