Brendan O'Connor (Gorton, Australian Labor Party, Shadow Minister for Foreign Affairs (House)) Share this | Hansard source

[by video link] I rise to speak on the Charter of the United Nations Amendment Bill 2021 and to express Labor's support for this important legislation. Next month marks 20 years since the September 11 terrorist attacks on the United States, events which precipitated strategic decisions and legal reforms that are with us and evolve today. One of the first decisions was the military intervention in Afghanistan against those who gave safe haven to terrorists. Twenty years later, in the very present, we were last week witness to another terrorist attack on American lives and the lives of those who assisted Western forces.

Labor condemns in the strongest terms the terrorist attack at Kabul airport that caused the death of at least 60 people and injured dozens more. This was a despicable act against Afghans seeking security and those who were helping them. I note that Islamic State Khorasan Province, a group the government has listed as a terrorist organisation, has claimed responsibility. We grieve with the people of Afghanistan and with our US allies. We remain gravely concerned for Australian citizens and visa holders who remain in Afghanistan and can no longer safely travel to Kabul airport.

As I noted in this place last week, there is and will continue to be analysis, commentary and debate as to the merits or otherwise of the 20-year mission, along with the understandable concern and, sometimes, complaint about the manner of the withdrawal. Much of our focus needs to be on what can be done to help those in Afghanistan who helped our troops and diplomatic staff and now need our help. I reiterate our calls for the government to ensure that Afghan nationals who assisted our troops, and their families, are taken to safety. It is not only a moral obligation we owe; such actions are of vital strategic importance. Our standing in the world, our ability to work with locals and foster trust in the future and our ability to further prevent the conditions that allow extremist activity to thrive very much depend on how we act now.

Another way to address and prevent the rise of terrorism, and a focus of this bill, is to combat the financing of terrorist groups and to limit access to funds. One of the immediate actions taken in the wake of the September 11 attacks was United Nations Security Council Resolution 1373, adopted on 28 September 2001. Australia, as a UN member state, has an obligation under this resolution to prevent and suppress the financing of terrorist acts, to freeze the assets of individual terrorists and terrorist entities and to prevent the provision of assets to those persons and entities. Denying terrorists and terrorist groups the ability to access the funds necessary to commit terrorist acts strengthens our commitment to preventing and suppressing terrorist acts now and into the future.

This bill ensures that Australia continues to fully implement its international counterterrorism sanctions obligations. As a UN member state, Australia takes seriously its obligations to contribute to global peace, stability and security in accordance with international law. One of the strongest and most enduring bipartisan views of this parliament is that an effective and enforceable counterterrorism financial sanctions regime is vital for Australia to uphold its obligations to the international community and combat the financing of terrorism in Australia and around the world.

We note that the Charter of the United Nations Amendment Bill 2021 seeks to amend the Charter of the United Nations Act 1945 to specify that counterterrorism financial sanctions listings, made under section 15 of the act, and revocations, made under section 16 of the act, be made by legislative instrument. The act makes provision for, amongst other things, the listing of persons or entities associated with the commission of terrorist acts and assets owned or controlled by those persons or entities. The purpose of a listing under section 15 of the act is to make it an offence to use or deal with the assets of or make an asset available to a listed person or entity, as well as to use or deal with a listed asset or class of assets. This regime is an important tool which implements Australia's international obligations to cooperate on the prevention of terrorist financing.

The amendment bill also confirms the validity of action that has been taken or which may in the future need to be taken in respect of conduct relating to historical counterterrorism listings that were made administratively. We also note that the amendment bill will not retrospectively change the operation of the Charter of the United Nations Act, alter a criminal offence, impose any additional punishment or vary the terms or scope of any previous counterterrorism listings made by the authority of the minister. Labor supports efforts to ensure the effective application and enforceability of Australia's counterterrorism legislative framework to prevent and counter the financing of terrorism acts. As such Labor supports the Charter of the United Nations Amendment Bill 2021 and welcomes its passage through the parliament.

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