Bridget Archer (Bass, Liberal Party) Share this | Hansard source

Terrorism is one form of politically motivated violence. Under section 4 of the ASIO Act 1979, it's defined as a specific set of activities, including acts or threats of violence, that are likely to achieve a political objective, either in Australia or overseas; acts or threats of violence intended to influence the policy of a government, either in Australia or overseas; acts that involve violence or are likely to lead to violence and are directed to overthrowing or destroying the government or the system of Australian government; acts that are defined as terrorism offences; and certain other acts defined in Australian legislation relating to the taking of hostages or activities conducted on ships, offshore platforms or aircraft.

This bill, the Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Bill 2022 provides for the continuation of important counterterrorism powers that ensure the safety and security of all Australians, extending three key counterterrorism powers for an additional 12 months: the emergency stop, search and seizure powers; the control order regime; and the preventative detention order regime. In October last year, the Parliamentary Joint Committee on Intelligence and Security presented its report into its statutory review of these powers and unanimously supported the extension of the powers, subject to certain amendments, including the introduction of additional safeguards. The current powers are due to sunset on 7 December this year. With the introduction of the federal election this year, I do note and support the additional time needed for the federal government to consult with states and territories in relation to any proposed amendments. By sunsetting the date by 12 months, the government and opposition can reach a bipartisan position on new legislation to amend part 5.3 of the Criminal Code Act 1995 based on the complex recommendations of the PJCIS.

Just a few weeks ago, much of the world quietly observed the 21st anniversary of the September 11 attacks. For anyone in their late 30s to early 50s, these attacks were a defining moment in history, particularly as they made the threat of terrorism in our own country a real possibility. Although September 11 occurred on foreign soil and Australian lives were lost, the impact of this terrorist attack led to foreign policy decisions that have an impact to this day, most notably the decision to undertake military operations in Afghanistan.

Closer to home, we are just weeks away from the 20th anniversary of the Bali bombings. On the night of 12 October 2002, large-scale terrorism inched closer to Australia's doorstep, taking the lives of 202 people, including 88 Australians. Over the past decade in Australia, we have seen several terrorist attacks and many disrupted plots, including the stabbing of two police officers in Melbourne in 2014, the murder of a police accountant in Parramatta in 2015, and the disruption of attacks allegedly planned for Anzac Day and Mother's Day in 2015.

Currently, Australia's national terrorism threat is listed as 'probably', meaning there is credible intelligence assessed by Australia's security agencies indicating that individuals and groups have the intent and capability to conduct a terrorist act in Australia. This bill ensures the continuation of key counterterrorism powers to keep Australians safe. It is important to note that these powers are rarely used. In fact, no preventative detention orders have been made, and no incidents have required the use of the emergency stop, search and seizure powers. Nonetheless, it is imperative that we provide our intelligence and security agencies with the necessary means to ensure the adequate protection of Australia and Australian security.

While many may perceive the threat of terrorism in the form of religiously motivated violent extremism to be the most concerning, there has been a sharp increase in people becoming motivated by other forms of violent extremism, including ideologically motivated violent extremism and, specifically, nationalist and racist violent extremism. Nationalist and racist violent extremists are more active than in previous years and pose a serious threat to Australian security. According to an interview in 2021 with the Director-General of ASIO, Mike Burgess, the threat from ideologically driven violent extremism has now reached 50 per cent of ASIO's total onshore counterterrorism priority case load for the first time.

The terrorism threat facing Australia continues to evolve. Where previously the key threat had been large-scale, organised terrorist networks, it has shifted to smaller scale attacks by individuals or small groups. The extension of the sunsetting date of these powers ensures that the Australian Federal Police continue to have appropriate powers to respond to terrorism related threats and, importantly, allows the parliament enough time to consider the complex recommendations of the PJCIS on future updates to these powers.

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