House debates

Monday, 23 August 2021

Bills

Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021; Second Reading

1:20 pm

Photo of Angie BellAngie Bell (Moncrieff, Liberal National Party) Share this | Hansard source

Of course, keeping Australia and our population safe, secure and free is a priority of the Australian government, particularly now, with the challenges that we face across the world. The protection and security of Australian citizens is of utmost importance. There are various regions around the world that are unstable, and this is of great ongoing concern to the government. It's not only instability that creates terrorists; many of these areas produce terrorists. In the worst-case scenarios, sometimes victims of conflict can end up in refugee camps. We've seen this occur in Africa, Syria, Afghanistan, Lebanon, Myanmar and Bangladesh. The closest region to our country, of course, is Myanmar, and those refugees are now in Bangladesh, in Cox's Bazar. Before the pandemic hit in January 2020, I travelled with Save the Children to Cox's Bazar in Bangladesh to witness firsthand over one million refugees who walked across the border from Myanmar to flee the violence and persecution from the military junta who are now in power in that country and continue to persecute their own population, although there have been movements recently where those in the non-military population are banding together, which is good to see.

According to the UNHCR, the UN refugee agency, in 2018—this is interesting—70.8 million persons were forcibly displaced around the world. That's 37,000 people every single day who are losing their personal security and the ability to provide for themselves and their families. The breakdown looks like this: 25.9 million refugees, which is the Australian population, in one year, with 20.4 million refugees under the UNHCR's mandate and 5.5 million Palestine refugees under UNRWA's mandate; 41.3 million internally displaced people; and 3.5 million asylum seekers. In 2018, sadly, 138,600 were unaccompanied or separated children. What happens to those children? Well, they are at risk of being corrupted and radicalised in refugee camps or wherever they find themselves after their displacement. And it's just one part of the whole story. Of course, there are groups in Australia, on our own soil right now, who seek to harm Australian citizens. But the threat of terrorism comes not just from the growing list of terrorist groups; it can emerge from conflict areas around the world that I've just spoken about. I highlight this not because I defend or condone acts of terror but to explain to Australians that many stateless and displaced persons who live in refugee camps under dangerous and desperate conditions are at risk of becoming radicalised and so join terrorist groups.

Can I take this opportunity to thank the international aid organisations, like Save the Children, and the NGOs around the world who work with and in refugee camps and in those environments, which makes a big difference. Australia does good work in this space—work that prevents and counters radicalism and terror at its very core and that improves health, education and social outcomes for so many around the world. Since 2013-14 the government has allocated more than $61 million to countering violent extremism programs, including more than $13 million for intervention programs. I will also point out how deeply challenging it remains for them, for those who are helping across the world, to assist in those interventions when you add the extreme complication of COVID-19 on top of existing situations.

Terrorism is indeed, as I've pointed out, a global challenge. Australia works closely with our international partners in our region and beyond. Underpinning Australia's fight against terrorism is Australia's Counter-Terrorism Strategy, which is based on partnerships between all levels of government, communities and the private sector. The strategy focuses on disrupting terrorist activity within Australia. Since September 2014 Australia's law enforcement agencies have disrupted 18 major terrorist plots to attack Australians, 128 people have been charged as a result of 59 counterterrorism related operations around Australia and 52 terrorist offenders are currently behind bars for committing a Commonwealth terrorism offence.

We are doing some good work in this area, ensuring an effective response to, and recovery from, any terrorist incidents; reducing the lure of violent extremist ideologies; stopping Australians from using violence to express their views and contributing to global counterterrorism efforts. Australia's international counterterrorism efforts are focused on law enforcement, intelligence, border and transport security, diplomacy, defence, terrorist financing, building counterterrorism capacity in the region and countering violent extremism.

We have passed 22 tranches of national security legislation. These are helping our intelligence and law enforcement agencies investigate, monitor, arrest and prosecute extremists. The government has boosted funding of our law enforcement intelligence and security agencies by over $2 billion since 2014. Recent legislation passed by parliament means a person who is a dual national can cease to be an Australian citizen if they act in a way that is inconsistent with their allegiance to our country. This includes engaging in terrorism related conduct, fighting for a declared terrorist organisation outside Australia or being sentenced for at least three years for specified terrorism offences. And 20 people have lost their Australian citizenship through terrorism related actions.

This bill provides for the continuation of key counterterrorism powers that ensure the safety and security of all Australians. The declared areas offence forms an important part of the Australian government's efforts to stop the flow of foreign fighters and mitigates the risk that returning foreign fighters pose to our nation. There are currently no declared areas, but these provisions remain a necessary component of our framework in the current threat environment. Looking to the future, those key counterterrorism powers include control orders; preventative detention orders; and emergency stop, search and seizure powers. The sparing use of a control order; a preventative detention order; and a stop, search and seizure power demonstrates that the Australian Federal Police have been appropriately judicious in exercising these exceptional powers.

Extending the reporting date for the Independent National Security Legislation Monitor's, or INSLM's, review of division 105A of the Criminal Code will enable it 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. Once this bill is passed the INSLM will advise a revised schedule for the conduct of this review into division 105A of the Criminal Code.

There are a few technicalities to this bill. I will start with those. I'm sure that in a few moments we will go to 90 second statements and I will have to be in continuance afterwards. But I will start with part 1 of the schedule, which will extend, for a further three years, until the 7 September 2024, the declared areas provisions in section 119.2 and 119.3 of the Criminal Code Act 1995 that are scheduled to sunset on 7 September 2021. This bill will also make amendments to the Intelligence Services Act 2001 to provide that the Parliamentary Joint Committee on Intelligence and Security 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. The PJCIS report was tabled on 25 February 2021. Part 2 of schedule 1 extends for a further—(Time expired)

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