Carina Garland (Chisholm, Australian Labor Party) Share this | Hansard source

The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 is a crucial piece of legislation aimed at bolstering Australia's national security framework and protecting our communities. In an era characterised by evolving threats posed by violent extremism and terrorism, the need for proactive and adaptable legislative responses cannot be overstated. Today I'd like to highlight some of the key provisions of the bill in addressing these contemporary challenges, and, of course, these contemporary challenges remind us of a very dark period in our world's history.

It's essential to understand the broader context of the evolving threat landscape that we currently find ourselves in. Terrorism, particularly that driven by extremist ideologies, remains a persistent global concern. Like every other nation, Australia has not been immune to these threats. The nature of terrorism has undergone significant transformation in recent years, with extremist groups exploiting the internet and social media to radicalise and recruit individuals. We know extremists utilise symbols, propaganda and instructional material to further their ideologies and incite violence. The bill recognises this evolving threat and seeks to address it comprehensively.

One of the fundamental components of this bill is the criminalisation of the public display of prohibited hate symbols. Specifically, the bill targets symbols associated with Nazi ideologies—such as the hakenkreuz, or swastika, and the double sig rune—and those associated with terrorist organisations that are widely recognised as representing hatred, violence and racism and are incompatible with Australian values. As such, the use of these symbols poses a severe threat to Australia's multicultural and democratic society, something we simply cannot accept. The bill's provisions are essential for several reasons, including prohibiting the public display of these symbols, which prevents their use as tools to incite hatred, fear and violence in our community. Of course, symbols like the swastika, or hakenkreuz, have a dark history of association with atrocities, and their public display can have a profound psychological impact.

Something I don't often talk about is the fact that my great-grandfather was murdered by Nazis in a concentration camp. My grandparents lived through the horrors of Nazi occupation, and my grandmother, as a child, remembers Nazis coming to her family's door to take her father away. She still carries this trauma. Many people still carry the trauma of World War II, and I do not want that trauma to be experienced in multicultural Australia through the display of these hateful symbols. It's important that we help people to heal from these traumas. I know many Holocaust survivors and their families and others for whom these symbols are a painful and traumatic reminder of evil. If this bill helps with the healing, through not exposing people to such disgusting, evil symbols that remind them of a time where they were attacked, persecuted and murdered, then that is a very good thing.

Extremists use these symbols as a means to recruit and radicalise individuals. When we criminalise their public display, we're able to disrupt their extremist narrative and therefore make it more challenging for people who want to exploit these symbols to attract vulnerable Australians to violence. Hate symbols disproportionately affect certain communities, causing harm and distress. This bill aims to protect those communities from the psychological and emotional impact of such symbols, and I've described some of my own experiences of that previously here. This legislation aligns with Australia's international human rights obligations, particularly those aimed at eradicating incitement to racial discrimination and prohibiting discrimination.

In addition to criminalising the public display of prohibited symbols, this legislation takes a comprehensive approach by also addressing the trading in goods that bear these symbols. This is significant for several reasons. Firstly, extremist groups often use the sale of merchandise bearing hate symbols to fund their horrible activities. By criminalising this trade, the bill strikes a blow against their financial resources, thereby undermining their operational capabilities. Secondly, the sale of goods with prohibited symbols extends their reach and influence. By curtailing this trade, the bill prevents the spread of extremist ideologies and their associated symbols. Thirdly, holding individuals accountable for trading in such goods sends a clear message that there is absolutely no tolerance for extremist ideologies. This not only deters potential offenders but also supports law enforcement efforts to address radicalisation. Finally, the bill's provisions—

A division having been called in the House of Representatives—

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To return to what I was saying earlier, the bill's provisions align with international standards and obligations, particularly those aimed at eradicating racial discrimination and hate speech.

Another critical aspect of this bill is the introduction of new offences related to the use of carriage services for violent extremist material. In an age where the internet plays a pivotal role in radicalisation, these provisions are timely and necessary. Extremists exploit the internet to spread propaganda and recruit individuals. These offences target the use of carriage services for disseminating extremist material, effectively curtailing their online reach. By introducing these offences, the bill enables law enforcement to intervene at an earlier stage in individuals' progression towards violent radicalisation. This not only prevents potential acts of terrorism but also provides critical opportunities for rehabilitation and disrupting extremist networks. These offences complement existing regulations governing online service providers and the eSafety Commissioner's powers to remove harmful content. Together, they create a robust framework for regulating online extremist content.

The counter-terrorism legislation amendment bill also expands the offence of advocating terrorism. This expansion includes instructing on the commission of a terrorist act and praising the commission of a terrorist act in specified circumstances. The significance of this expansion will be evident in several ways: the expanded offence targets individuals who provide instructions or praise acts of terrorism, thereby preventing the incitement to violence against innocent Australians; and it acts as a deterrent against those seeking to radicalise and promote extremist ideologies. Increasing the maximum penalty for advocating terrorism from five to seven years imprisonment underscores the gravity of the offence. It ensures that individuals who engage in such conduct face appropriate consequences for their actions. The expansion of this offence also aligns with Australia's international human rights obligations, particularly those related to incitement to violence and discrimination.

This bill also addresses a critical aspect of national security by removing the sunsetting requirements for regulations that prescribe terrorist organisations. As we know, terrorist organisations pose ongoing threats to national security. Removing the sunsetting requirements ensures that these organisations remain listed until they are actively delisted by the minister, aligning with the seriousness of their offences. Listing terrorist organisations facilitates the prosecution of individuals associated with these groups, deterring support for terrorism and importantly safeguarding the Australian community.

This bill also introduces safeguards to ensure that organisations are appropriately listed and that delisting declarations specify the date on which conditions justifying proscription no longer exist. This protects individuals from unjust convictions related to their association with listed organisations. It's really important that this bill balances rights such as freedom of expression and privacy with our international human rights obligations and for people to be free from being persecuted or discriminated against while balancing the curtailment of freedom of expression and privacy in instances where national security is our primary focus.

This bill criminalises the praising of terrorist acts only when there is a substantial risk of incitement. This ensures that that limitation on freedom of expression is proportional to the objective of preventing terrorism. The limitations on privacy introduced by the bill are lawful, not arbitrary, and necessary to protect national security, public order and the rights and freedoms of others. This bill includes provisions to exempt legitimate religious uses of otherwise prohibited symbols, such as the sacred swastika, ensuring religious freedoms are respected and protected.

This important piece of legislation represents a critical step towards safeguarding Australia's national security in the face of evolving threats from violent extremism and terrorism that unfortunately we are seeing in our communities. Its provisions, including the criminalisation of prohibited hate symbols, addressing online radicalisation, expanding the offence of advocating terrorism and removing sunsetting requirements for terrorist organisations are necessary, proportionate and aligned with international human rights obligations.

In an era when the Internet has become a powerful tool for extremists, when symbols of hate continue to incite violence and when terrorist organisations pose ongoing threats, this bill stands as a robust legislative response. We know thousands of Australians fought and died to defeat the evil that some within our community now seek to promote with these symbols. We know too, as a multicultural nation, that people from all over the world escape violence and persecution to create a safe home for themselves and their families in Australia. Prohibiting these hate symbols is part of making sure people feel safe and included in their communities. I've already described my own family's experience and the need to make sure that we look after people who are going to be traumatised when they see these symbols, as it reminds them of a period of unbelievable evil in the world.

We're taking action in this legislation to ensure that people in our communities can live their lives safe and free and without fear. By addressing the contemporary challenges we're presented with, we protect the safety and security of our Australian community and we also uphold the values of democracy, multiculturalism and human rights that are at the absolute core of Australian society.

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