Pat Conaghan (Cowper, National Party) Share this | Hansard source

I'm very pleased to rise and speak on the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. I would like to start by thanking all the AFP and all the members of Australia's intelligence organisations for their diligence and the hard work that they carry out to protect our nation and our nation's borders. This is something that's very, very important to many Australians, including many young Australians. Indeed, I've been contacted by 15-year-old Lachlan Murray, who lives in Sydney and has a very keen interest in this area. It goes to show that it's not just us who work in this place but all Australians who take a very keen interest and are very concerned about our nation's borders. As a former police officer, I respect and applaud this government's continued dedication to keeping the threat of terrorism away from our shores.

The simple fact is that what you can't see can hurt you. That's why our nation's intelligence organisations are so important: they look hard; they know what they're doing and they can see what would hurt us. That's why these extensions are so important. As Australians, we need to appreciate the peaceful freedoms we currently enjoy and we need to appreciate that they aren't given. They have actively been protected in recent years by our current counterterrorism measures, and this bill provides for the continuation of those key counterterrorism powers that will continue to ensure the safety and security of all Australians.

Australia's national terrorism threat level is 'probable', and it has remained at probable since September 2014. This means that over the past seven years there has been credible intelligence, assessed by Australia's security agencies, that individuals and groups have the intent and capability to conduct a terrorist act in Australia. As at July this year, since the threat level was raised to probable in September 2014, 136 people have been charged as a result of 64 counterterrorism related operations around Australia—136 people who wish to do harm to our nation and to our nation's people. There have been nine attacks and 21 major counterterrorism disruption operations in response to potential attack planning in Australia. Around 120 Australians who travelled to Syria or Iraq since 2014 are believed to have been killed and around 50 have returned to Australia after travelling to Syria or Iraq who have been confirmed as being involved in a conflict in those countries. Since 2012, around 230 Australians have travelled to Syria or Iraq to fight with extremist groups, and around 250 Australian passports have been cancelled. We have recognised that these people are a danger to our country and we have cancelled their passports, as we should do and as we will continue to do.

The four key powers that this bill is seeking to extend are the control order regime; preventative detention orders; stop, search and seizure powers; and declared areas offences. The control order regime is an important tool in preventing a terrorist attack or foreign incursion, and in managing the risk posed by persons who continue to present a risk to our community. It should be noted that the control order regime has been used judiciously to date. It has been used responsibly and sparingly: between 2014 and 2021 a total of only 20 control orders were issued. So we recognise, as government, that people have rights. We recognise that these laws should only be used for extreme measures.

The emergency stop, search and seizure powers are there to ensure that police are able to respond consistently and effectively to a terrorist incident or threat as it occurs. In order to exercise these powers, the police officer must suspect on reasonable grounds that a person might be committing or is about to commit a terrorist attack. Preventative detention orders are also an important tool in preventing an imminent terrorist attack, and preserve vital evidence in the aftermath of a terrorist attack. It should be noted again that since the commencement of the regime in 2005 until now no Commonwealth PDOs have been issued. Once again, this reflects the policy intent that these orders should be invoked only in the limited circumstances where traditional investigative powers available to the law enforcement agencies are inadequate to respond to a terrorist threat.

Finally, the declared areas offence forms a very important part of the Australian government's efforts to stop the flow of foreign fighters. It also mitigates the risk that returning foreign fighters pose to Australia. It should be noted that there are currently no declared areas, but the provisions remain necessary for our framework in the current threat environment and in looking to the future in protecting our own borders.

I note that some 18 months to two years ago I undertook a delegation through the Joint Parliamentary Committee on the Australian Commission for Law Enforcement Integrity to both New Zealand and Vanuatu. Upon examination of the processes of their border controls, it struck me how well, as a nation, we do to protect our borders against terrorist attacks and incursions by unwanted groups. We have a very big border to patrol, and I go back to my initial comments about how much respect we should show to our Australian Federal Police and indeed our state and territory officers in the job that they do together to protect our borders against what effectively is evil—evil intent with evil deeds. Looking at those smaller nations of Vanuatu and New Zealand, it struck me that Australia is a leader in intelligence and a leader in protecting our communities, bearing in mind the size of our borders around Australia.

In conclusion, I believe that Australia is a country worth protecting, and almost every one of our citizens would believe that. We are very lucky to be in this country. We are lucky we were born here. Some are not as lucky, and many envious eyes are looking at Australia, looking at Australia's borders and looking at Australia's people with that evil intent. Our people and our borders are worth protecting, and that is exactly what these bills do. The sparing use of these measures to date illustrates that they are not being used without considerable justification. The national terrorism threat level is probable, and it is where it has been for the past seven years. What you can't see can hurt you, and I applaud this government's determination in committing to ensure the ongoing safety of all Australians.

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