John Cobb (Calare, National Party) Share this | Hansard source

I rise to speak on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. Unfortunately, this legislation is necessary, as the terrorist threat in Australia is rising. Australians are no strangers to war; Australians have been involved in conflict around the world for well over 100 years—in every conflict from the Boer War on. It is only in quite recent times that we have allowed dual citizenship—in fact, it may have even happened under the tenure of the member for Berowra when he was the Minister for Immigration, though I could be wrong on that. In the current circumstances it is as well that we did allow dual citizenship because otherwise most of those people to whom this legislation refers would hold only Australian citizenship.

I cannot think of a more sombre or grievous procedure for us to put into place than to take away Australian citizenship from someone who was born in Australia, like myself. You cannot imagine it, but it is a very necessary though serious step. The Bali bombing got rid of any naivety or innocence we had left. That a 15-year-old could shoot a member of the police administration only a few short weeks ago in our own country made us face the reality that we must do whatever we have to do to protect Australians.

As a government we have a necessary responsibility to ensure the safety of every Australian as far as possible, and this legislation is about stripping Australian citizenship from those who have engaged in specific conduct. Those whose actions are inconsistent with their allegiance to this country should not have the privilege of being an Australian citizen. The bill brings in a number of measures to ensure that those people who are not upholding Australian values and way of life can no longer call our nation home. The measures include amending the Australian Citizenship Act 2007 to insert a purpose clause outlining the fundamental principles upon which the amendments are based. It outlines the circumstances under which a dual citizen ceases to be an Australian citizen through their engagement in terrorism related activities. It outlines the circumstances in which the minister may exempt a person from the operation of the bill. It provides for the reporting and monitoring of the operation and the arrangement of the bill. It provides for the protection of sensitive or prejudicial information in relation to that reporting and monitoring.

Section 33A provides that a person who is a national or a citizen of a country other than Australia renounces their Australian citizenship if they act inconsistently with their allegiance to Australia by engaging in specified conduct, and obviously that revolves around terrorism. The conduct includes engaging in a terrorist act or international terrorist activities using explosives or lethal devices, providing or receiving training, financing terrorism or a terrorist. Individuals who will be subject to these provisions include those engaged in this conduct offshore and in relevant conduct onshore and who left Australia before being charged and brought to trial in respect of that conduct.

The bill provides automatic loss of citizenship where a person serves in the armed forces of a country at war with Australia—that provision came into force in 1949. The bill builds on this by providing automatic cessation of citizenship if a person is also a citizen of another country and is overseas fighting for, or in the service of, a declared terrorist organisation. The bill will allow for the minister by legislative instrument to declare a terrorist organisation for the purposes of this section where the organisation is directly or indirectly involved in preparing, assisting or fostering a terrorist attack or advocating an attack. Organisations opposed to Australian interests, values and democratic beliefs, rights or liberties will also be targeted.

Once a person has been convicted of a relevant offence, the minister will have the power to determine if the persons citizenship has been lost. Loss of citizenship is not automatic upon conviction. The list of offences is limited to the most relevant terrorism related offences with a maximum penalty of 10 years or more. Offences of incursions into foreign states with the intention of engaging in hostile activities have also been included through the amendment. To be considered under this section a person must be sentenced to at least six years' imprisonment. The provision relies upon a court having determined criminal guilt. Relevant offences include convictions the treason, espionage, terrorism, international terrorist activities using explosive lethal devices, treachery, sabotage and foreign incursions and recruitment.

The minister must be satisfied the person has repudiated their allegiance to Australia and the minister must determine whether it is within the public interest for the person to remain an Australian citizen. The minister must revoke a determination if a conviction is overturned. Law enforcement and intelligence agencies will play a vital role in collecting the relevant information and will provide it to the minister. The minister will then give a person notice as soon as practicable or reasonable. The notice will include a description of the persons conduct and a person's rights of review. This does not apply to a child under the age of 10 and the conduct based on provisions of the bill will not apply to conduct by a child under 14 years. Under the Criminal Code Act 1995, if a child over 10 but younger than 14 knows that his or her conduct is wrong, they can be held responsible.

I find very strong support in the community for this measure. I am not sure there would have been once but today, in the world we live in, unfortunately, people understand the need for legislation such as this. We need a strong support from all sections of the community, and we do have that support. I commend the bill to the House.

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