Stuart Robert (Fadden, Liberal Party) Share this | Hansard source

I ask leave of the House to make a statement on behalf of the Joint Standing Committee on Treaties concerning the committee's report No. 177 and also to present a document relating to extraterritorial jurisdiction.

Leave granted.

Today I rise to make a statement concerning the Joint Standing Committee on Treaties report No. 177, which was originally tabled on 15 February this year. The report considered the proposed extradition and mutual legal assistance treaties with Jordan. As I advised the House in February, the committee has a history of supporting extradition and mutual legal assistance treaties and, after careful consideration, recommended the two treaties be ratified. The committee has received additional information this week from the Attorney-General's Department which changes the substance of one of the other recommendations made in the report, and it's important this statement be made to the House.

Back in February, the committee recommended that Australia and Jordan negotiate a less than treaty level agreement setting out how the extradition treaty will apply if Australia seeks the return of Australian foreign fighters transiting through Jordan from Iraq and Syria. The committee believed the less than treaty level agreement would prevent complications arising from the extraterritorial nature of foreign fighter offences. The additional information from the Attorney-General's Department clarifies this issue. After due consideration, the committee has resolved to table a document provided by the AGD, the Attorney-General's Department, regarding extraterritorial jurisdiction. The document will, of course, be published on the committee's website.

The document makes clear that what was initially informed to the committee—that there would be complications from the extraterritorial nature of foreign fighter offences—is not complicated at all. A significant body of work has been done by the Attorney-General, and the committee thanks him for his time and diligence. That document shows that in Jordan terrorism offences are contained in the Anti-Terrorism Law No. 55 of 2006. The legislation goes on to list, on a non-exclusive basis, a number of acts that are considered as terrorist acts. According to article 3 of the law, as amended in 2014, there are nine offences under Jordanian law that would make it possible to extradite for extraterritorial offences. If a foreign fighter were fighting in Iraq or Syria and transiting through Jordan, Jordan could indeed seek to bring them into custody, and Australia could seek to extradite them if the offence that occurred in Syria or Iraq were an offence in Jordan. I will list just the top four of the nine offences under article 3 of the Anti-Terrorism Law No. 55 of Jordan:

1. Directly or indirectly providing, collecting or raising funds for the purpose of committing a terrorist act, whether performed inside the Kingdom or against its citizens or interests abroad;

2. Committing acts that would subject the kingdom—

of Jordan—

to hostilities, harm its relations with a foreign state or subject Jordanians or their property to the dangers of retaliation.

3. Joining or attempting to join any armed groups or terrorist organizations, recruiting or attempting to recruit people to join such groups or organizations or training such persons for the said purpose, whether inside or outside the kingdom.

4. Establishing or joining an association, group or organization for the purpose or committing terrorist acts, whether inside the kingdom or against its citizens or interests abroad.

It is clear from an analysis of the Jordanian Anti-Terrorism Law No. 55, particularly article 3, that there are not complications with respect to the extraterritorial nature of foreign fighter offences.

Accordingly, the committee will table this advice from the Attorney-General's Department. The committee also seeks to withdraw the recommendations that Australia and Jordan negotiate a less-than-treaty-level agreement setting out how the extradition treaty will apply if Australia seeks the return of Australian foreign fighters transiting through Jordan from Iraq or Syria, on the basis that Jordanian law quite clearly allows it and therefore would allow an extradition to occur. I present the document.

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