Bridget Archer (Bass, Liberal Party) Share this | Hansard source

As we've heard, the primary priority of government is to keep our community safe. Terrorism is one form of politically motivated violence. Under section 4 of the ASIO Act 1979, it is defined as a specific set of activities, including acts or threats of violence that are likely to achieve a political objective either in Australia or overseas; acts or threats of violence intended to influence the policy of a government either in Australia or overseas; acts that involve violence or are likely to lead to violence and are directed to overthrowing or destroying the government or the system of Australian government; acts that are defined as terrorism offences; and certain other acts defined in Australian legislation, relating to the taking of hostages or to activities conducted on ships, offshore platforms or aircraft. Terrorist acts and related offences are further defined in the Commonwealth Criminal Code Act 1995 to include acts or threats of violence that are done to advance a political, ideological or religious cause either in Australia or overseas; acts or threats of violence intended to coerce, or influence by intimidation, a part of government either in Australia or overseas; and acts or threats of violence that are done to intimidate the public or a section of the public.

Depending on your view, terrorist acts in Australia can date as far back as the 'Battle of Broken Hill' in 1915, when two men shot dead four people and wounded seven more before being killed by police and military officers. At the time of their attack, they raised the flag of the Ottoman Caliphate—later the Turkish flag—to identify their cause. As we heard from the member for Stirling, for my generation terrorism is probably more synonymous with the 9/11 attacks 20 years ago, and, though this happened on US soil, the devastation of this attack echoed around the world. Around a dozen Australians lost their lives, and some of the foreign policy decisions made by our own government of the day in response to the attack still have a lasting impact, as we've seen just last week in Afghanistan.

Over the past decade in Australia, we have seen several terrorist attacks and many disrupted plots, including the stabbing of two police officers in Melbourne in 2014, the murder of a police accountant in Parramatta in 2015, and the disruption of attacks allegedly planned for Anzac Day and Mother's Day in 2015. Just a few months ago the ASIO director-general told the Parliamentary Joint Committee on Intelligence and Security that the threat of a terrorist attack in Australia remains at 'probable' for the next 12 months, meaning that credible intelligence as assessed by our security agencies indicates that individuals or groups have the intent and capability to conduct a terrorist attack in Australia. Whilst the global pandemic has caused significant social and economic challenges across the world, it has not greatly disrupted the threat of terrorism. I therefore rise today to speak on this important bill, the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill, which provides for the continuation of key counterterrorism powers. It's imperative that the government do all we can to prevent such an attack, and these amendments play an important role in ensuring that we can do so. I thank the joint committee for their important work in this area.

With multiple counterterrorism operations in Australia since 2014, it is essential that ASIO and the AFP have the necessary powers to be able to do their jobs properly. One of the key amendments before us will extend for a further three years the 'declared area' provisions currently in sections 119.2 and 119.3 of the Criminal Code, which form an important part of our government's efforts to stop the flow of foreign fighters and to mitigate the risks that returning foreign fighters—of which there have reportedly been over 200 in recent years—pose to our own communities. To date there have been two areas declared under this section, the Al-Raqqa province in Syria and the Mosul district in Iraq. Al-Raqqa was the first time that the provision was ever put into effect, in 2014, to stop Australians from travelling to the region to become foreign fighters for the Islamic State. Mosul in Iraq was also declared in March 2015, as the government fought to stop Australians from joining the terrorist conflict underway in the area at the time and from supporting terrorist organisations like ISIL, who had a stronghold in the area at that time. I don't think any of us can forget the stories coming out of these areas at the height of ISIL, with barbaric acts a regular occurrence, including mass public executions and beheadings. Any Australian citizen who chooses to join such an organisation should feel the full weight of the law. And, although both orders have since been revoked and there are currently no declared areas, it is of the utmost importance that these provisions are extended as we continue to fight against terrorism.

Through this bill the government is also seeking to extend a number of measures that are otherwise scheduled to expire in just a few weeks including control orders; preventative detention orders; and emergency stop, search and seizure powers. I note that these measures, which have so far been used only sparingly by the AFP and only when necessary, are currently being reviewed by the PJCIS; however, I support the view that it is crucial that these powers are not allowed to sunset until the committee finalises its review and recommendations.

While the threat of religiously-motivated violent extremism remains high, there has also been a sharp increase in people becoming motivated by other forms of violent extremism including ideologically-motivated violent extremism and, specifically, nationalist and racist violent extremism. Nationalist and racist violent extremists are more active than in previous years and pose a serious threat to Australian security. The threat from ideologically-driven violent extremism has now reached 50 per cent of ASIO's total onshore counterterrorism priority case load for the first time.

Just yesterday it was reported that, for the first time, an Australian Neo-Nazi had had his passport cancelled on national security grounds. While dozens of passports of suspected Islamic State fighters from across Australia have been cancelled, this is the first time a white supremacist has lost his rights to travel on national security grounds. Mr Burgess, from ASIO, recently stated that, while Neo-Nazi cells are not new, they are growing and they pose a grave terror threat. The man in question had his passport cancelled by the federal government last year after ASIO advice that he may pose a national security risk if allowed to travel overseas to take up arms in a foreign conflict.

Lastly, I would like to point out that, while these amendments are measures designed to ensure that there are legal ramifications for involvement in a range of terrorist related activities, there are separate measures in place, brought in by this government, to help individuals disengage from violent extremism. Since 2013 we have invested more than $50 million, through the countering extremism program, to build the resilience of communities to violent extremism, reduce the spread of terrorist propaganda online and divert and de-radicalise at-risk individuals.

The terrorism threat facing Australia continues to evolve. Where previously the key threat had been large-scale organised terrorist networks, it has shifted to smaller-scale attacks by individuals and smaller groups. The extension of these measures will ensure that we continue to provide the agencies with the necessary and appropriate powers to continue to identify and stop such potential terrorists.

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