Andrew Hastie (Canning, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security I present the following reports: A review of regulations listing the Islamic State West Africa Province and re-listing Boko Haram, Islamic State and Islamic State East Asia as terrorist organisations under the Criminal Code Act 1995 and the Annual report of committee activities 2019-20.

Reports made parliamentary papers in accordance with standing order 39(e).

by leave—I rise today to present a statement of the Parliamentary Joint Committee on Intelligence and Security for the review of regulations listing the Islamic State West Africa Province and relisting Boko Haram, Islamic State and Islamic State East Asia as terrorist organisations under the Criminal Code Act 1995. Regulations that specify an organisation as a terrorist organisation cease to have an effect on the third anniversary of the day on which they take effect. Organisations can be relisted provided the minister is satisfied on reasonable grounds that the organisation continues to directly or indirectly engage in terrorism or advocate the doing of a terrorist act. Boko Haram and Islamic State were last listed in 2017. The regulations to relist them and to list Islamic State West Africa Province were tabled in the parliament on 24 August 2020. A regulation to relist Islamic State East Asia was tabled in parliament on 6 October 2020.

The committee's review examined the minister's decision to list and relist these organisations. Section 102.1A of the Criminal Code provides that the committee may review a regulation that lists or relists an organisation as a terrorist organisation and report its comments and recommendations to each house of the parliament before the end of the applicable 15 sitting day disallowance period. This statement serves this purpose and is being presented within the required period.

In determining whether the regulations listing or relisting these four organisations should be supported, the committee reviewed the merits of each in accordance with the Minister for Home Affairs's explanatory statement, ASIO's statement of reasons for each organisation and other publicly available information. In its deliberations, the committee determined that Boko Haram still follows an extreme interpretation of Islam which is anti-Western, promotes sectarian violence, and targets those who do not agree with its interpretation. Although no Australian citizens have been killed by Boko Haram, the group has repeatedly issued statements threatening Western interests, which includes Australia.

Islamic State continues to be a Sunni extremist group that adheres to an extreme interpretation of Islam and promotes a global jihadist ideology. Following a loss of territory in Syria and Iraq, Islamic State has reverted to a clandestine insurgency and remains one of the world's deadliest and most active terrorist organisations. Islamic State West Africa Province was previously known as an alias for Boko Haram. In March 2015 Boko Haram leader Abubakar Shekau's pledged allegiance to Islamic State was accepted and the group commenced operations under the name ISWAP. A dispute over the leadership of ISWAP in 2016 resulted in the emergence of two factions of the group. Although Boko Haram has not officially split from ISWAP, the groups are assessed to operate independently.

ISWAP follows an extreme interpretation of Islam and continues to achieve their means through violence. Islamic State in East Africa continues to be affiliated with Islamic State and is comprised of members who were previously aligned with other Islamist extremist groups, including the Abu Sayyaf Group. It is probable that Australians could be harmed, in the future activities of the group, due to the considerable Australian business interests and the number of Australians in the Philippines. These organisations remain a real threat to Australia. There is strong evidence that each has, and continues to engage in, terrorist activities that are targeted at countries with Western values.

In examining the evidence that has been provided, the committee is satisfied with the relisting and listing processes and considers that they have been followed appropriately for these four organisations. The committee therefore supports the listing of the organisations, under division 102 of the Criminal Code, in order to protect Australians and Australia's interests, and finds no reason to disallow the regulations.

I will now speak to the Annual report of committee activities 2019-2020. I present the committee's annual report of its activities for 2019 and 2020. This report details the activities that the committee has undertaken during the last financial year. Transparency is important to the Australian people and so we aim to conduct our oversight of the national intelligence community in public as much as we can. This year the committee has adapted to the challenges brought by COVID-19. We welcome the patience shown by the intelligence agencies as we have incorporated a new level of technology into our work. This has enabled us to continue our oversight despite the separation imposed by the coronavirus pandemic.

From June 2019 the committee undertook 15 inquiries and tabled seven reports. We have conducted inquiries into a variety of proposed legislation, including identity-matching services as well as amendments to passport and counterterrorism legislation. Inquiries into citizenship cessation, the expansion of ASIO powers and international production orders continues to progress into the next financial year. The committee also undertook statutory reviews into existing legislation covering telecommunications, mandatory data retention, citizenship loss and declared area provisions. In addition, the committee reviewed and supported the listing of one terrorist organisation and the relisting of 10 terrorist organisations pursuant to section 102 of the Criminal Code. The impact of COVID-19 was unavoidable, so the committee has postponed the Review of administration and expenditure: No. 18. We will include this in the next administration and expenditure review towards the end of the year, where we can gather, hopefully, and have classified hearings to that end. Despite the challenges of 2020 I am pleased with the work completed by the committee, which is summarised in this report. As the security environment continues to change, the scope and the role of the committee has expanded, as has the workload. A case in point was the unique inquiry into press freedoms, which was a first for the committee.

Given the changes of the past decade I think it's time to review the Intelligence Services Act and consider the role, powers and resources invested in this committee. I also look forward to the publication of the Richardson review, which will shape the framework of both the Australian intelligence community and its oversight bodies, including this committee. The responsibility and functions of the PJCIS are important. They bring legislative accountability and oversight of our intelligence agencies and we as a committee take this role very seriously. It's a privilege to serve the Australian people in this way. I commend this report to the House.

Steve Georganas (Adelaide, Australian Labor Party) Share this | Link to this | Hansard source

I thank the member for Canning for his statement.