Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Hansard source

On 5 August 2024, the director-general of ASIO returned Australia's national terrorism threat level from possible to probable. The director-general stated that politically motivated violence, which encompasses terrorism, had joined espionage and foreign interference as our principal security concerns. The director-general's warning was a sobering reminder that we live in precarious times, but unfortunately it comes as no surprise. Social division and threats of violence in our communities have escalated dramatically since 7 October. We have seen teenagers charged with offences that police alleged are motivated by terrorism, the shocking increase in antisemitism, and even people proudly displaying the symbols of terrorist organisations on the streets of our cities.

The Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024 is a straightforward proposal to extend for a further three years the declared areas offence in section 119.2 of the Criminal Code Act 1995 that is scheduled to sunset on 7 September 2024. The bill would also provide that section 119.3 of the Criminal Code, the provision under which the Minister for Foreign Affairs can declare an area for the purpose of the offence in section 119.2, cease to have effect on 7 September 2027.

Introduced by the former coalition government as part of the foreign fighters counter-terrorism legislation amendments in 2014, the declared areas offence fulfils a crucial role in the disruption and prosecution of returning foreign terrorist fighters and their associates, and allows for the prosecution of suspected terrorists in circumstances where it is challenging to collect evidence relating to the intention elements of more-serious terrorism offences, including in conflict zones. Where an area is declared by the Minister of Foreign Affairs, it is an offence to enter or remain in that area without a legitimate reason. A declared area is a place where terrorist organisations are engaging in hostile activity. There are very few legitimate reasons for entering these areas, and the offence recognises this by providing targeted exceptions.

The bill would extend for a further three years the declared areas offence in the Criminal Code that is scheduled to sunset in September 2024. Two declarations using these provisions have been made to date: the Mosul District in Iraq and al-Raqqa province in Syria. Four Australians have been charged under the declared areas offence. There was a significant reduction in the number of Australians travelling to the Syria-Iraq conflict zone after the declarations were made. The provisions likely discourage people who might otherwise have considered entering Mosul and al-Raqqa while the respective declarations were in effect and discourage parents from taking their children into those areas.

Declarations have been used only in the context of the Islamic State, as this has been the only conflict since the commencement of the declared areas framework that warranted the use of the power. But the framework is designed in such a way that it could be used in response to future conflicts. The coalition will always support sensible changes that ensure that our legislation is fit for purpose to enable our intelligence and law enforcement agencies to protect Australians from terrorism, which is why we will be supporting the passage of the bill.

I chaired the Intelligence and Security Committee when this bill was first brought before the parliament, and I'd like to commend the chair, the deputy chair and the committee itself for the way they've very diligently looked again at this legislation and once again put a sunset clause into the bill. This was something that we seriously considered in 2014 and we placed the sunset clause into this legislation. This legislation gives the government and the parliament extraordinary powers, and I'm sure it is the preference of everyone in this place that we wouldn't need such legislation. But the harsh reality and the facts are that we still do, and we've seen that come to the fore again with the comments and statements by the Director-General of Security at ASIO and the lifting of the threat level here in our nation.

I heard both the Chair of the PJCIS and the deputy talk about their consideration of this bill, and one of the things that they have called for, which, obviously, the government will have to take into consideration, is a review of the current legislation before the sunset clause kicks in again in 2027. I think that is a very sensible recommendation by the committee. It gives them time to look at what laws were put in place in 2014 and beyond, remembering that those times were incredibly unusual. Islamic State, obviously, were wreaking havoc in both Iraq and Syria at the time, committing some of the most heinous offences, and, sadly, they were trying to appeal to Australians to go over and join their heinous activities. These laws helped stop that flow, and there was a flow which was occurring. We have to make sure that we can deal with such incidents into the future, and that's why these laws are so important.

I commend the PJCIS for its work on this bill. Obviously, there are other things that we as an opposition are looking for the government to do, and I thought the deputy chair of the committee made a fine intervention in that regard. But, in terms of this bill and making sure that it passes through this place, we support it because it was, in fact, a coalition government that put these measures in place in the first instance.

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