Gladys Liu (Chisholm, Liberal Party) Share this | Hansard source

Protecting the Australian community is, and will continue to be, the Morrison government's highest priority. I rise to speak on the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. This bill will provide for the continuation of key counterterrorism powers to keep Australians safe.

First, the declared areas provisions in section 119 of the Criminal Code make it an offence to enter, or remain in, an area declared by the Minister for Foreign Affairs. The declared areas offence is an important part of the Morrison government's efforts to stop the flow of foreign fighters to overseas conflict zones, and to mitigate the risk that returning foreign fighters pose to Australians. However, such a power should not be without limits, and I note the range of carefully defined exemptions in the legislation, including bona fide visits to family members, journalism, a range of official duties and the provision of humanitarian aid. There is also an ability to prescribe additional exemptions through regulations, as required. Although there are currently no declared areas, these provisions remain a necessary component of our framework in the current threat environment and looking to the future.

Second, we have the control order regime in division 104 of the Criminal Code. Control orders are an important tool in preventing a terrorist act or foreign incursion and for managing the risk posed by persons who continue to present a risk to the community. It is important to note that control orders must be issued by a court. The Australian Federal Police can apply to the court to issue a control order against someone and must have the consent of the Minister for Home Affairs.

Third, we have the preventative detention orders regime in division 105 of the Criminal Code. Such orders are an important tool in preventing an imminent terrorist act and preserving vital evidence in the aftermath of a terrorist act. There are also amendments to the Intelligence Services Act as well as the Crimes Act to extend the operation of the stop, search and seizure powers in division 3A, part IAA. These powers ensure police are able to respond consistently and effectively to a terrorist incident or threat. They allow for police to request information to conduct a search and to seize property where they suspect a person might have committed or is about to commit a terrorist act.

The Parliamentary Joint Committee on Intelligence and Security is currently conducting a statutory review of control orders, preventative detention orders and the stop, search and seizure powers. This bill ensures that these powers do not cease while this important review is going on. The sparing use of control orders, preventative detention orders and stop, search and seizure powers demonstrates that the AFP have been appropriately judicious in exercising these exceptional powers. As such, to extend the aforementioned powers for a further 15 months is a prudent and proportionate act which will maintain the status quo while the joint committee carries out its important work. It is critical that these powers not be allowed to sunset in the meantime. Australia's intelligence, security and law enforcement agencies are world class. We owe it to the Australian people to make sure that the legal framework that defines the powers of these entities is fit for purpose and enables them to do their jobs and keep us all safe.

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