Tony Smith (Casey, Liberal Party) Share this | Link to this | Hansard source

My question is addressed to the Attorney-General. Would the Attorney-General advise the House of steps the government has taken to stop Australians from joining terrorist organisations overseas?

Philip Ruddock (Berowra, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I thank the honourable member for Casey for his question because he raises a very important question and Australians ought to be informed. It is important in the context of the conflict in the Middle East, in particular. Many in our community have strong ties to Lebanon and Israel. We understand that people are legitimately concerned about family and friends, but I would urge caution if people plan to join in the conflict or send funds to assist.

While it is unlikely to be an offence if people join or are conscripted into the defence forces of recognised governments, the same cannot be said for engagement or involvement in Hezbollah. Hezbollah is a multifaceted organisation. It has political, social and military components. There is one element, Hezbollah’s External Security Organisation, that has been listed as a terrorist organisation by the Australian government since 2003. The External Security Organisation is a distinct terrorist wing of Hezbollah and has been responsible for attacks dating back to the 1980s. It is assessed as continuing to prepare, plan and foster acts involving threats to human life and serious damage to property. The military wing of Hezbollah, referred to as Islamic Resistance, is not proscribed, nor are the political or social components.

So Australians who engage with or provide support to the External Security Organisation might be committing a terrorist offence under the Criminal Code and, equally, under the Crimes (Foreign Incursions and Recruitment) Act. But under the Crimes (Foreign Incursions and Recruitment) Act it is an offence to enter a foreign state with the intent to engage in hostilities or to engage in hostile activities in a foreign state. The foreign incursion offence does not apply if a person is with the armed forces of a government, and that would mean it would not apply in relation to Israeli or Lebanese defence forces. However, Australians who engage in hostile activities with the Hezbollah military wing or the External Security Organisation could well be committing an offence.

The whole of Hezbollah is listed for the purposes of our asset-freezing legislation, and it is an offence under the Charter of the United Nations Act to deal with its assets or to make assets available to it. I think this is a very important matter, which Australians who are thinking of dealing with Hezbollah in any way, shape or form should have regard to, because, as I have outlined, there is the potential for serious criminal acts to be committed.