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

It is with great conviction and sense of purpose that I rise in the House to support this bill. The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 provides the powers required to deliver what is fundamentally the most important responsibility of government—that is, keeping our nation safe and protecting our citizens. The amendments proposed by this bill implement the commitment made by the government to address the growing challenges posed by citizens holding dual citizenship who betray Australia and its people by participating in terrorist activities. It is the responsibility of this government to ensure terrorists who are dual nationals are prevented from returning to Australia. It is also our responsibility to ensure dual nationals who engage in terrorism on Australian soil can be removed where possible.

Australia stands proud in today's world, recognised for defending the values, rights and obligations which will stand us in good stead for as long as we embrace them. As a result of our rich history, today we stand with other strong democracies to help defend and protect our hard-fought freedoms. People of all backgrounds and religions strengthen our country and only together, united, will our future be as strong as our present and past.

No-one would ever dispute that Australia is truly the lucky country. We as citizens of this wonderful land should never take this great nation of ours for granted. As Australians we are afforded the opportunity to live and grow in a free and open society and to share in the common good, and in return we owe Australia a duty to be good neighbours and good citizens. Australian citizenship has meanings which flow deeper and are more subtle than legal permission to live in this country. It defines an individual's relationship to Australia, their embodiment of national pride, personal responsibility, duty and rights.

Australia is known worldwide for its migrant heritage. We are a nation of immigrants. We are also a nation of citizens. The important topic of national security is one that is mentioned to me time after time in my electorate of Dobell. Over the last few years we have been seeing real and emerging threats to our nation and the safety of the Australian community, unfortunately coming from Australian citizens engaged in terrorism.

The review of Australia's counter-terrorist machinery for a safer Australia identified that the terrorist threat in Australia is rising. Alarmingly, it was identified that the number of foreign fighters is increasing, with around 110 Australians currently known to be fighting in Syria or Iraq. The number of known sympathisers and supporters of extremists is increasing, with about 190 people identified to be providing support to the conflict in Syria and Iraq. The number of potential terrorists is rising. As part of the government's response to countering such threats to national security, the government is amending the Australian Citizenship Act 2007 to broaden the powers relating to cessation of citizenship for those who engage in terrorism and pose a serious threat to Australia.

The people of the New South Wales Central Coast understand the need to keep Australia safe from those who intend to do us harm. They understand the need for tough laws which ensure dual nationals who engage in terrorism activities are punished and pay the ultimate price—the stripping of Australian citizenship. Most importantly, they recognise and appreciate the tough stance taken by the government on this non-negotiable issue.

This bill will update the Australian Citizenship Act 2007 to ensure dual nationals who serve or fight for terrorist groups or engage in terrorism related conduct inspired by terrorist groups lose their Australian citizenship, because quite frankly there is no place for people who engage in these activities in Australian society. Those who are Australian citizens owe their loyalty to Australia, and this applies to those who acquire citizenship automatically through birth in Australia and to those who acquire it through application. Where a person is no longer loyal to Australia and engages in activities to harm Australians or Australian interests, they have severed that bond and repudiated their allegiance to Australia.

The intention of the changes provided by this bill is to protect our community and uphold our values rather than punishing people for terrorist or hostile acts. In his second reading speech on this bill, Hon. Peter Dutton, Minister for Immigration and Border Protection, stated:

To ensure clarity of these necessary changes, a purpose clause has been inserted into the bill. It states that, by these amendments, the parliament recognises that Australian citizenship is a common bond, involving reciprocal rights and obligations, and that citizens may, through certain conduct incompatible with the safety and shared values of the Australian community, demonstrate that they have severed that bond and renounced their allegiance to Australia … The purpose clause uses concepts from the existing preamble in the Citizenship Act.

Currently under the Citizenship Act a conviction for a specified offence is required before citizenship can be revoked. In addition, the power to revoke only arises if the offence was committed prior to the minister giving the approval for the citizenship application or the offence was committed in relation to the person's application to become an Australian citizen. These existing revocation powers are inadequate to address concerns in regard to persons who have acted contrary to their allegiance to Australia through their engagement in terrorism related conduct.

The proposed amendments are intended to provide explicit powers for the cessation of Australian citizenship in specified circumstances where dual citizens who, by acting against the interests of Australia by choosing to engage in terrorism, have by their conduct repudiated their allegiance to Australia. Allegiance is a duty owed by all citizens to their sovereign or state. A citizen's duty of allegiance to Australia is not created by the Citizenship Act but is recognised by it. The concept of allegiance is central to the constitutional term 'alien' and to this bill's reliance upon the aliens power in the Australian Constitution. The High Court has determined that an alien is a person who does not owe allegiance to Australia. By acting in a manner contrary to their allegiance, the person has chosen to step outside of the formal Australian community.

The bill proposes three elements by which a person who is a national or citizen of a country other than Australia will cease to be an Australian citizen. The first element is a new provision whereby the person renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in specified terrorist related conduct. Specified conduct is engaging in international terrorist activities using explosives or lethal devices; engaging in a terrorist act; providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act; directing the activities of a terrorist organisation; recruiting for a terrorist organisation; financing a terrorist; and engaging in foreign incursions and recruitment.

The second element is that the person ceases to be an Australian citizen if the person fights for, or is in the service of, a declared terrorist organisation. A declared terrorist organisation is any terrorist organisation as defined by the Criminal Code and declared by the minister to apply. The law currently provides for automatic loss of citizenship where a person serves in the armed forces of a country at war with Australia. This provision has been in force since 1949. This bill expands this section to provide for automatic cessation of citizenship if a person is also a citizen of another country, is overseas and fights on behalf of, or in the service of, a declared terrorist organisation. A declared organisation will be a subset of those which are listed by the Attorney-General for the purposes of terrorism offences under the Criminal Code. The minister will declare organisations that are specifically opposed to Australia and our democratic beliefs, rights and liberties. A declaration by the minister of a declared terrorist organisation is reviewable by the Parliamentary Joint Committee on Intelligence and Security.

Under the third element, the person ceases to be an Australian citizen if the person is convicted of a specified terrorism offence as prescribed in the Criminal Code. As amended, section 35A provides that the minister can determine a person’s citizenship is lost once they have been convicted in a court of law of committing a relevant specified terrorism or related offence. Loss of citizenship is not automatic upon the conviction. This provision relies on a court having determined criminal guilt. The relevant offences include treason, espionage, terrorism, treachery, sabotage and foreign incursions and recruitment.

The amendments in the bill apply to a person who is an Australian citizen regardless of how the person became an Australian citizen, including a person who became an Australian citizen upon the person’s birth. The measures apply only to dual nationals and will not result in a person becoming stateless. The bill only applies to persons who are nationals or citizens of a country other than Australia—that is, dual citizens—and who would therefore not be rendered stateless if their Australian citizenship were to cease. The bill further provides that a person who loses their citizenship for terrorist related activities which demonstrate a breach of allegiance is not able to reacquire Australian citizenship in the future. This is entirely appropriate because such a person has demonstrated that they are not capable of upholding their commitment to our country and are not worthy of the honour of Australian citizenship. The person can never become an Australian citizen again unless the minister exempts the operation of the relevant cessation provision. The minister is required to give written notice of the automatic cessation of Australian citizenship to such persons as the minister considers appropriate.

These changes meet Australia’s international obligations not to render a person stateless. It is important to note that there is discretion available to the minister to exempt a person, including a child, from the loss of citizenship under the bill in the public interest. This includes circumstances that would prejudice national security or where the conduct of a dual national is not directly related to their allegiance to warrant them losing citizenship. A child will not automatically lose citizenship based on their parents' conduct under the new measures in the bill. This is consistent with existing provisions regarding loss of citizenship in the act. A person under the age of 18 years could lose citizenship under these provisions if they have engaged in the relevant conduct themselves. If the person is aged under 18 the best interest of the child is a primary consideration.

The amendments in the bill do not limit the application of judicial review. A person who loses their citizenship under these provisions will be able to seek a declaration from a court that they have not in fact lost their citizenship. As I mentioned previously, the amendments in the bill do not limit the application of judicial review as the Federal Court and High Court both have original jurisdiction over such matters. To ensure we are able to govern competently and efficiently, we must be prepared to react to this changing environment and confirm we have adequate legislation in place to protect our great nation and our citizens. We, as a nation, are dealing with a threat which demonstrates no bounds. Time and time again we see the atrocities delivered by terrorist organisations abroad and at home. To us, the actions undertaken by terrorist organisations are unfathomable. They defy every core being of Australian values and principles. When we see the activities of terrorist organisations provided to us by the media, we are in shock and dismay that a human being could be so callous and cruel to another. These are not the actions of an Australian citizen. Dual nationals who engage in terrorism are betraying their allegiance to this country and do not deserve to be Australian citizens. This is predominately a modern form of treason and Australia will not stand for this type of betrayal.

This bill deals with the threat caused by those who have engaged in terrorist related conduct that is contrary to their allegiance to Australia. Let us not for one minute forget these extremists are fighting against the brave men and women of the Australian Defence Force—men and women who are placing their lives on the line to protect Australia’s values and freedom. This bill formally removes a person from the Australian community when they themselves through their own doing have breached their allegiance to Australia. I am proud to support changes to the act that will mean dual nationals who have been convicted of terrorism related offences will lose their Australian citizenship. These provisions do not leave a person stateless and do not exclude the role of the courts. This will enable a person who has lost his or her citizenship to seek legal redress.

The desired outcome of this bill is to ensure the safety and security of Australia and its people and to ensure the community of Australian citizens is limited to those who continue to retain an allegiance to Australia. I know that supporting this bill will resonate soundly with the majority of Central Coast residents, and I commend the bill to the House

See this speech in context