Garth Hamilton (Groom, Liberal National Party) Share this | Hansard source

I rise to support the bill before the House. It's a continuation of counterterrorism powers held by the AFP. These powers were brought in by our previous coalition government, and they are due to sunset on 7 December 2022. This bill, the Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Bill, extends the powers until December 2023.

In speaking to this bill, there are three areas that I think are crucial to address. I'll cover them in general and return to the specifics as we go through. But, firstly, this bill, in how it sits within our desire to find the balance between the appropriate level of individual freedoms and the need for government authority to protect those freedoms, speaks very much to the heart of the Liberal movement. It's an often debated position within our party—the role of the libertarian within modern liberalism. I think we can trace back, through the writings of John Locke and Thomas Paine, that idea that there are inherent freedoms that each of us brings and that exist prior to the creation of the state, while also balancing that with the need for governments to protect and to look after the common good. Finding that balance is the role of government. I don't think there is any argument that stands for one side to be in an absolutist position. Certainly, this bill, and how it sits within the suite of other legislation that has been provided to keep Australians safe, very much works within that theme.

Secondly, I think it's important to view this bill within the context of not just the threats that existed when its predecessor came into being but those that exist today in the world around us, and those that we can—without risk of being too strong or forceful—acknowledge may still exist in the short or medium term.

Clearly, there's an important role for governments to play in communicating what those threat levels may be, and I think it's important that we strike the right balance in speaking both clearly and robustly on the threats that exist, but also that we never go too far or delve into the dramatic. But it is clear at this time that the threat of terrorist action still exists internationally and within our own borders. I acknowledge the efforts of this government and previous governments of both persuasions in working together to address those risks. This legislation is very much the result of previous efforts that have been made.

Thirdly, the other theme that this legislation speaks to and sits within is how we make the federation model work. Obviously a broader conversation has happened in this place and in the wider Australian community that speaks to the need for us to update and constantly reassess how the federation model can best come together. Clearly the responsibility for policing has been gifted to the states, but over time we've seen a growing need for the role of a federal police force. As technology changes, as new threats come to us and as the world around us changes, that desire, that need, for a federalised force continues and will continue to be a focus for us. I will come back to those views later.

To quote the Parliamentary Joint Committee on Intelligence and Security advisory report on the original bill, the Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019:

The Bill makes changes designed to keep Australians safer. It implements a COAG agreement to ensure a presumption that neither bail nor parole will be granted to those persons who have demonstrated support for, or have links to, terrorist activity. This decision followed the terrorist attack in Brighton, Victoria in June 2017. The perpetrator of that attack was on parole for State offences, and had previously been charged with conspiracy to commit a terrorist attack.

The extension of these powers will allow sufficient time for parliament to consider more detailed amendments to existing AFP powers, including recommendations made by the PJCIS in the report I have quoted, which was tabled in October 2021.

I think the underlying purpose of this bill is to ensure that our frontline forces that combat organised crime, terrorism and complex transnational crime have the right tools to keep Australians safe. I commend the government for seeking to extend this bill, and I commend those on our side of the House who brought forward the original bill. I think it's important to end by noting the bilateral support for the AFP that has existed and that will continue to exist.

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