Vince Connelly (Stirling, Liberal Party) Share this | Hansard source

I'm very pleased to rise along with many others in this place to speak in favour of the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. I note the presence of another former veteran over there, the member for Solomon, and note that we've got something approaching a platoon's worth now of ex-serving personnel in this House and the other place as well.

The events of 11 September 2001 were really one of those moments—there are probably very few in one's lifetime—where you truly do remember where you were when the events unfolded. For me, I recall being a young platoon commander stationed up in Darwin, which was a wonderful place to be, particularly with our children; you were able to get out and about in the wonderful countryside up there when you weren't training or on operations. But this day was a little different. I woke up quite early, getting ready to go into the unit and start with physical training, and I got a message to check the TV. I turned the television on and saw the events unfolding. I saw the towers on fire and actually coming down, people screaming and the streets absolutely choked with dust and heard screams and the wailing of sirens. As I'm sure many others have had, I've had the opportunity since to go to New York and see the amazing memorial over there.

It certainly is an event that struck a chord in all of our psyches. I think it changed us all in many different ways. Some of those ways were very visible up-front. Even as we approached the base thereafter, there were, and there remains still, quite a few restrictions that were never in place prior to those events. But we should acknowledge, and it's important to do so, that Australia's dedication to our organised response to the threat of terrorism has been in place for great many decades, and indeed our Australian Defence Force was absolutely at the leading edge of these response capabilities. In particular, the Special Air Service, or SAS, regiment in Western Australia has maintained for some decades a counterterrorism capability, and there are a great many men and women who have dedicated their whole careers to building and maintaining that counterterrorism capability. Indeed, both my wife, Peta, and I have seen that firsthand.

My wife's first posting as a young intelligence officer was to the SAS regiment over 20 years ago now, in 1999 to 2000. She was a subbie over there for a couple of years and got to work with the unit, see the capabilities and work with the people providing those amazing and incredible capabilities. I had some experience as an Army reservist with my last posting before coming to this place, which was, as I said, in a part-time capacity. It was also to the SAS regiment, and I can't speak highly enough of the men and women of the unit and what they do to keep us all safe.

Of course, due to increasing response requirements, we now have a strong capability that's been built up in our commando regiment as well, and our state and Federal Police forces have been enhancing their capabilities to respond to domestic terrorism. Further to that, the current events unfolding in the Middle East are also a poignant reminder that, as much as it bewilders us and as much as I cannot imagine people who would be an enemy of freedom, unfortunately, we have to live in reality, and the reality is that there are people who have absolutely every intent and capability to threaten our freedoms and our way of life—to terrorise us. So we need to be prepared to respond, and this bill goes a long way to ensuring that we maintain the readiness that we must.

Australia's first priority is to keep our citizens safe. This bill provides for the continuation of key counterterrorism powers that ensure the safety and security of Australians. Why, we may ask, is this important? It's because of the current threat environment. The current counterterrorism threat environment continues to be highly relevant as we consider what measures are appropriate and reasonable, and those such measures are contained within this bill. Australia's national terrorism threat level is probable. This means there is credible intelligence assessed by Australia's security agencies indicating individuals and groups have both the intent and the capability to conduct a terrorist act here in Australia.

As at 13 July this year—and since September 2014, when the threat level was raised to probable—136 people have been charged as a result of 64 counterterrorism related operations here in Australia. There have been nine attacks and 21 major counterterrorism disruption operations in response to potential attack planning in Australia. Around 120 Australians or former Australians who have travelled to Syria or Iraq are believed to have died. Around 50 people have returned to Australia after travelling to Syria or Iraq, having joined groups involved in the conflict. Some more sobering statistics as we reflect on the importance of this bill are as follows: since 2012, around 230 Australians or former Australians have travelled to Syria or Iraq to fight with or support violent extremist groups involved in conflict and around 250 Australian passports have been cancelled or refused in relation to the conflicts in Syria and Iraq. As at that same date I mentioned earlier, 13 July this year, around 65 Australians and former Australians in Syria or Iraq have fought with or been otherwise associated with religiously motivated violent extremist groups which remain in the region.

The declared areas offence forms a really important part of the Australian government's effort to stop the flow of foreign fighters. This measure also mitigates the risk that returning foreign fighters do pose to Australia. Although there are currently no declared areas, these provisions remain an absolutely necessary component of our framework in the current threat environment and as we look forward into the future at how that threat environment may further evolve.

Control orders are an important tool in preventing a terrorist attack or foreign incursion and for managing the risk posed by persons who continue to present a risk to our communities. Preventative detention orders are an important tool in preventing an imminent terrorist attack and preserve vital evidence in the aftermath of a terrorist attack. Emergency stop, seizure and search powers ensure that police are able to respond consistently and effectively to a terrorist incident or threat. The sparing use of control orders, preventive detention orders and stop, search and seizure powers demonstrates that our AFP have been appropriately judicious in exercising these exceptional powers. Extending the reporting date for the Independent National Security Legislation Monitor's, the INSLM's, review of division 105A of the Criminal Code will enable the INSLM to engage in interstate consultations, which were disrupted by COVID-19, and provide a greater body of evidence to review the practical operation of division 105A.

By way of some further background in relation to this bill, part 1 of schedule 1 of the bill will extend for a further three years—through to 7 September 2024—the declared areas provisions in sections 119.2 and 119.3 of the Criminal Code Act 1995. These are currently scheduled to sunset on 7 September 2021. This bill will also make amendments to the Intelligence Services Act 2001 so that the Parliamentary Joint Committee on Intelligence and Security, the PJCIS, may review the operation, effectiveness and proportionality of the declared areas provisions prior to their new sunset date. These amendments respond to recommendations made by the PJCIS in its 2021 Review of 'declared areas' provisions report. The PJCIS report was tabled on 25 February 2021. Part 2 of schedule 1 extends for a further 15 months the control order regime in division 104 of the Criminal Code, until 7 December 2022. This regime is scheduled to sunset on 7 September 2021. Part 3 of schedule 1 extends for a further 15 months the preventative detention order regime in division 105 of the Criminal Code, until 7 December 2022. This regime is scheduled to sunset on 7 September 2021. Part 4 of schedule 1 extends for a further 15 months the emergency stop, search and seizure powers in the Crimes Act 1914, through to 7 December 2022.

The provisions described above, parts 2 to 4, are currently being reviewed by the PJCIS, which has not yet reported. However, it is critical that these powers not be allowed to sunset.

Part 5 of schedule 1 extends the reporting date for the Independent National Security Legislation Monitor's review of division 105A of the Criminal Code to 'as soon as practicable after 7 December 2021'.

I have covered a fair bit of detail in regard to the intent of the legislation and the specific measures. To summarise, what is sitting behind this and what we must continue to recognise is the reality in which we live. Our safety, security, democracy and way of living are under threat, and we need to retain appropriate, reasonable and balanced powers to continue to respond the way we have successfully done thus far and to fulfil in perpetuity the eternal role of government—the first order of business—which is to keep our citizens safe.

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