Melissa Price (Durack, Liberal Party, Minister for Defence Industry) Share this | Link to this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Australian government's first priority is to keep our community safe. This bill provides for the continuation of key counterterrorism powers that ensure the safety and security of all Australians.

To this end, and consistent with the recommendations of the Parliamentary Joint Committee on Intelligence and Security (PJCIS), this bill extends the declared areas offence for a further three years, until 7 September 2024.

The bill will ensure that key powers available to the Australian Federal Police will continue to be available. The PJCIS is currently reviewing these powers: the control order regime, the preventative detention order regime, and the emergency stop, search and seizure powers in the Crimes Act.

It is critical that these powers do not sunset ahead of the PJCIS's review. Accordingly, the bill will defer sunsetting to 7 December 2022 to ensure that law enforcement continues to have a range of capabilities to respond to the ongoing threat of a terrorist attack in Australia.

All powers will continue to be subject to robust safeguards and oversight, including by providing for the PJCIS to again review the declared areas offence before their new sunsetting date.

Declared areas

The declared areas offence in section 119.2 of the Criminal Code is an important part of the Australian government's efforts to stop the flow of foreign fighters. The offence also mitigates the risk that returning foreign fighters pose to Australians.

Where an area is declared by the Minister for 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 such an area. The offence recognises this by providing a carefully targeted range of exceptions.

Although there are currently no declared areas, these provisions remain a necessary component of our framework in the current threat environment and looking to the future.

Control orders

Control orders under division 104 of the Criminal Code are an important tool in preventing a terrorist act and managing the risk posed by persons who continue to present a risk to the community.

The provisions allow the Federal Court or the Federal Circuit Court to impose an order which places tailored obligations, prohibitions and restrictions on an individual.

The conditions must be reasonably necessary and reasonably appropriate and adapted to protect the public from a terrorist act.

Preventative detention orders

Preventative detention orders under division 105 of the Criminal Code are another important tool in preventing an imminent terrorist act. A preventative detention order allows a person to be detained without charge and can only be used where the AFP reasonably suspects an attack could occur within 14 days or in the aftermath of a terrorist attack to preserve vital evidence.

Crimes Act powers

The emergency stop, search and seizure powers in the Crimes Act ensure that police are able to respond consistently and effectively to a terrorist incident or threat.

The powers allow police to request a person's name, address and other details; they allow police to conduct a search for a terrorism related item and to seize such an item; and they allow police to enter premises without a warrant to prevent a serious and imminent threat to a person's life, health or safety.

These AFP powers have been used sparingly since they were enacted. As at 16 July 2021, 20 orders have been made since September 2014, when the national terrorism threat level was raised. No preventative detention orders have been made, and no incidents have required the use of the emergency stop, search and seizure powers. Although these powers have not been used to date, this demonstrates that the AFP have been appropriately judicious in exercising these exceptional powers.

Review of Division 105A

This bill also extends the reporting date for the Independent National Security Legislation Monitor's (the INSLM's) review of division 105A of the Criminal Code, which provides for continuing detention orders for high-risk terrorist offenders.

The INSLM independently reviews the operation, effectiveness and implications of Australia's counterterrorism and national security laws, ensuring they contain appropriate protections for individual rights, and remain necessary and proportionate.

Extending the INSLM's reporting deadline to as soon as practicable after 7 December 2021 will enable the INSLM to engage in interstate consultations which were disrupted by COVID-19, and provide a greater body of evidence to review the practical operation of division 105A.

Concluding remarks

The measures in this bill implement the government's response to the recommendations of the PJCIS recent declared areas review. The PJCIS has carefully examined this offence and recommended that it be continued. I acknowledge and appreciate the PJCIS's ongoing and valuable role in reviewing intelligence and security powers.

I also value the continuing partnership with states and territories in our shared efforts to protect the Australian community. The amendments to part 5.3 of the Criminal Code have been approved by a majority of states and territories, as required by the Intergovernmental Agreement on Counter-Terrorism Laws.

This bill provides for the continuation of important counterterrorism powers that ensure the safety and security of all Australians.

Andrew Giles (Scullin, Australian Labor Party, Shadow Minister for Cities and Urban Infrastructure) Share this | Link to this | Hansard source

I rise to speak to the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021 and to set out Labor's position on this legislation. This bill deals with a range of counterterrorism and other police powers in the Crimes Act 1914 and the Criminal Code Act 1995, which are due to expire on 7 September 2021. These powers are: the declared area provisions, the control order regime, the preventative detention regime, and a range of stop, search and seizure powers. This bill would extend the sunset dates on each of these powers.

Labor supports this bill. Indeed, this is a bill that should have been passed months ago, yet it was not even introduced until 4 August and was not brought on for debate in the Senate until 12 August. Now, the government has known for months and months that the extension of sunset dates provided for in this bill was necessary. Frankly, it's ridiculous—and it reflects very poorly on the Prime Minister and his government—that we are debating this bill in the House of Representatives on 23 August 2021 while the national capital is in lockdown. Just a few days ago, it was reported that eight individuals are currently subject to control orders. The purpose of a control order, which can stop a person from engaging in certain activities or being in certain areas, is of course to prevent a terrorist attack. So it would be a matter of some significance if existing control orders were simply allowed to lapse, and yet, because the government left this legislation until the last minute, there was a significant risk of this happening.

Now, what if the COVID situation here had got so out of hand that the parliament couldn't sit today, or, indeed, for the next three weeks? What would have happened if these powers, including control orders, had simply been allowed to expire? Fortunately, the parliament has been able to sit today, and so we will not have to find out. But what this illustrates, once again, is that this is an incompetent government which does not have its eye on the ball.

As well as extending a number of sunset dates, the bill would also allow the Parliamentary Joint Committee on Intelligence and Security to conduct a review of the operation, effectiveness and proportionality of the declared areas provisions prior to the new sunset date. Finally, the bill would amend the Independent National Security Legislation Monitor Act to give the Independent National Security Legislation Monitor more time to finalise his review of the continuing detention order regime.

I'll turn first to some remarks on the control order, preventative detention and stop, search and seizure powers. These powers, which were all due to expire on 7 September 2021, are currently under review by the intelligence and security committee. Labor supports the proposed extension of the sunset date to 7 December 2022. Such an extension will ensure that the intelligence and security committee has sufficient time to complete its review prior to the powers sunsetting and also that the government will have sufficient time to work through and respond to any recommendations made by the committee.

The declared areas provisions, however, are in a different category. These provisions of the Criminal Code allow the Minister for Foreign Affairs to declare an area in a foreign country if he or she is satisfied that a listed terrorist organisation is engaging in hostile activity in that area of the foreign country and make it an offence for a person to enter or remain in a declared area, subject to a number of limited exceptions as set out in section 119.2 of the Criminal Code, such as providing aid of a humanitarian nature, performing an official duty for the Commonwealth or visiting a family member. Now, the committee recommended that the sunset date for those powers be extended to 7 September 2024 and that the intelligence and security committee be empowered to conduct a review of those powers at any time prior to that date. The bill before us implements both of those recommendations.

The committee also recommended that the declared areas provisions be amended to allow Australian citizens to request an exemption from the Minister for Foreign Affairs to travel to a declared area for a reason not listed in section 119.2 of the Criminal Code. We note that, following extensive consultation with government agencies, including ASIO and the AFP, the former Independent National Security Legislation Monitor, Dr James Renwick, made a similar recommendation in 2017. The government has argued that this recommendation could not be effectively implemented and monitored and that the time and resources required to obtain information to assess an application would be significant and would divert security and intelligence resources from other national security priorities.

We're not persuaded. We think the government should simply implement the committee's bipartisan and unanimous recommendation. However, we do recognise that the implementation of this is not without its challenges, and, because of that complexity, we think it is an amendment that should be drafted following close consultation with the Department of Foreign Affairs and Trade and Australia's national security agencies.

Subject to that qualification, I do commend this bill to the House, and I move the second reading amendment which has been circulated in my name:

That all words after "That" be omitted with a view to substituting the following words:

"whilst not declining to give the bill a second reading, the House:

(1) notes:

(a) in February 2021, the Parliamentary Joint Committee on Intelligence and Security tabled a report in the Senate following its review of the 'declared areas' provisions in the Criminal Code Act 1995;

(b) the Committee made four unanimous and bipartisan recommendations, including three recommendations to amend the Intelligence Services Act 2001 and the Criminal Code Act 1995; and

(c) this bill would implement Recommendations 1 and 2 of the Committee's report, but the Government has refused to implement Recommendation 4, which is to amend the Criminal Code Act 1995 'to allow Australian citizens to request an exemption from the Minister for Foreign Affairs to travel to a declared area for reasons not listed in section 119.2, but which are not otherwise illegitimate under Australian Law'; and

(2) calls on the Government to implement Recommendation 4 of the Committee's unanimous and bipartisan report".

Ross Vasta (Bonner, Liberal Party) Share this | Link to this | Hansard source

Is the amendment seconded?

Anne Stanley (Werriwa, Australian Labor Party) Share this | Link to this | Hansard source

I second the amendment and reserve my right to speak.

Ross Vasta (Bonner, Liberal Party) Share this | Link to this | Hansard source

I thank the honourable member for Werriwa. The original question was that this bill be now read a second time. To this the honourable member for Scullin has moved, as an amendment, that all words after 'That' be omitted with a view to substituting others. If it suits the House, I will state the question in the form that the amendment be disagreed to.

Celia Hammond (Curtin, Liberal Party) Share this | Link to this | Hansard source

I'm pleased to have the opportunity to speak to this bill, the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. Australia's national terrorism threat level has been categorised by our security agencies as 'probable' since 2014. This means that there is credible intelligence indicating that individuals and groups have the intent and capability to conduct a terrorist act in Australia. As noted in the explanatory memorandum to this bill, between September 2014, when the threat level was raised, until 13 July 2021 136 people have been charged as a result of 64 counterterrorism related operations around Australia. There have been more than nine attacks and 21 major counterterrorism disruption operations in response to potential attack planning in Australia. Around 120 Australians or former Australians who have travelled to Syria or Iraq are believed to have died and around 50 people have returned to Australia after travelling to Syria or Iraq having joined groups involved in conflict. Further, since 2012 around 230 Australians or former Australians have travelled to Syria or Iraq to fight with, or support, violent extremist groups involved in conflict and around 250 Australian passports have been cancelled or refused in relation to the Syria-Iraq conflict. As at 13 July 2021 around 65 Australians and former Australians in Syria or Iraq have fought with, or were otherwise associated with, religiously motivated violent extremist groups which remain in the region.

According to ASIO, the volatility in the security environment globally is increasing and the threat environment is potentially being exacerbated by COVID-19, in terms of the isolation, the economic downturn and the ability of groups to mobilise in this period. ASIO has publicly noted terrorist hotspots which could see an increase in activity going forward. They have also noted the increasingly diverse nature of attacks, with a shift from primarily large-scale, complex plots by organised networks to small-scale, lone wolf type attacks encouraged by the online proliferation of Islamic State propaganda. ASIO have observed that the subjects of counterterrorism investigations vary in age, gender and ethnicity. Further, ASIO is concerned about the rise of far-right extremist ideologies and are closely monitoring the threat that these pose as they become more cohesive and organised than before. These facts and the development in the threat landscape mean that we need to ensure that our security agencies have effective counterterrorism measures to enable them to disrupt potential attacks and manage the ongoing risks posed by individuals. That is the context in which we must determine whether the measures contained in this bill, and indeed all other security powers we legislate, satisfy the test of reasonableness, necessity and proportionality.

This bill provides for the continuation of key counterterrorism powers that ensure the safety and security of all Australians. These measures are as follows: this bill will extend, for a further three years, the declared areas provisioned in sections 119.2 and 119.3 of the Criminal Code Act 1995 that are scheduled to sunset on 7 September 2021. This bill will also make amendments to the Intelligence Services Act 2001 to provide that the Parliamentary Joint Committee on Intelligence and Security may review the operation, effectiveness and proportionality of the declared areas provisions prior to their new sunset date. These amendments are consistent with the recommendations of the Parliamentary Joint Committee on Intelligence and Security tabled earlier this year.

The declared areas offence is an important part of the Australian government's efforts to stop the flow of foreign fighters and mitigate the risk that returning foreign fighters pose to Australians. Where an area is declared by the Minister for 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 a few legitimate reasons for entering such an area and the offence recognises this by providing a carefully targeted range of exempt sections.

This bill will also extend for a further 15 months the following Australian Federal Police powers that are also scheduled to sunset on 7 September 2021: the control order regime in division 104 of the Criminal Code; the preventative detention order regime in division 105 of the Criminal Code; and the stop, search and seizure powers in division 3A of the Crimes Act.

Control orders under division 104 of the Criminal Code are an important tool in preventing a terrorist attack and managing the risk posed by persons who continue to present a risk to the community. The provisions allow the Federal Court or the Federal Circuit Court to impose an order which places tailored obligations, prohibitions and restrictions on an individual. The conditions must be reasonably necessary and reasonably appropriate and adapted to protect the public from a terrorist act. These AFP powers have been used sparingly since they were enacted. As at 16 July 2021, 20 control orders have been made since September 2014, when the national terrorism threat was increased.

Preventative detention orders under division 105 of the Criminal Code are another important tool in preventing an imminent terrorist attack. A preventative detention order allows a person to be detained without charge and can only be used where the AFP reasonably suspects an attack could occur within 14 days or in the aftermath of a terrorist attack, to preserve vital evidence.

The emergency stop, search and seizure powers in the Crimes Act ensure that police can respond consistently and effectively to a terrorist incident or threat. The powers allow police to request a person's name, address and other details. They allow the police to conduct a search for a terrorism related item and to seize such an item, they allow the police to enter premises without a warrant, to prevent a serious and imminent threat to a person's life, health or safety.

No preventative detention orders have been made and no incidents have required the use of the emergency stop, search and seizure powers. Although these powers have not been used to date, they are considered to be an important mechanism should the need arise. The PJCIS is currently reviewing these powers. The control order regime, the preventative detention order regime and the emergency stop, search and seizure powers. However, it is critical that these powers do not sunset ahead of the completion of the PJCIS review. Thus, this bill will extend them for a further period of 15 months to ensure that law enforcement agencies continue to have a range of capabilities to respond to the ongoing threat of the terrorist attack in Australia. All powers will continue to be subject to robust safeguards and oversight, including by providing for the PJCIS to again review the declared areas offence before the new sunsetting date.

This bill is also going to enact changes to the Independent National Security Legislation Monitor, INSLM, Act, to extend the reporting date for the Independent National Security Legislation Monitor's review of division 105A of the Criminal Code to as soon as practicable after 7 December 2021. The INSLM independently reviews the operation, effectiveness and implications of Australia's counterterrorism and national security laws, ensuring they contain appropriate protections for individual rights and remain necessary and proportionate. Extending the INSLM's reporting deadline to as soon as practicable after 7 December 2021 will enable the INSLM to engage in interstate consultations, which were disrupted by COVID-19, and provide a greater body of evidence to review the practical operation of this provision.

Finally, by way of concluding, this bill provides for the continuation of important counterterrorism powers that ensure the safety and security of all Australians. They ensure that Australia's law enforcement agencies continue to be able to manage the evolving national security and threat environment and meet the necessary thresholds for being necessary and proportionate. The usage of the sunsetting periods, reviews by the INSLM and the PJCIS mean that these are not set and forget powers; rather, they will continue to be monitored and reviewed to determine their ongoing justification.

Chris Hayes (Fowler, Australian Labor Party) Share this | Link to this | Hansard source

It's very nice to follow the member for Curtin. I think she captured the essence of the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021 very effectively. I should say from the outset that, as you can well gather, Mr Deputy Speaker Vasta, we will support the passage of this bill. In doing so, this really does go to the heart of our national security framework. I think it's fair to say that at any stage where national security has been an issue before this House we on this side have always worked in a bipartisan way to ensure that any passage of legislation is seen to be beyond politics. This is absolutely no different.

The evolving situation around the globe at the moment is that the current terrorism threat continues to be relatively high, particularly when assessed in terms of what we need to do within the concepts of what is reasonable, necessary and proportionate. Those are the measures which actually underpin the assessment of powers in this bill. I note that the Australian national terrorism threat level is currently listed as 'probable'. This means that there's a credible intelligence assessment by Australia's security agencies indicating that individual groups have the intent and capability to conduct a terrorist act within Australia itself. To put that into some perspective: these statistics, provided in the explanatory memorandum to this bill, note that by 30 July 2021 136 people had been charged as a result of 64 counterterrorism related operations around Australia. There have also been nine attacks and 21 major counterterrorism disruption operations in response to potential terrorist attacks being planned in this country.

The evidence also shows that 65 Australians, including former Australians, in Syria and Iraq, who have fought with or who are otherwise associated with terrorist activity—whether based on religiously motivated violent extremism or not—remain active within the region. I'd like to add that information provided by the ASIO director-general, Dennis Richardson—who is no doubt known to most of us in this place—in his annual threat assessment report earlier this year, pointed out that there's a significant threat in this country from home-grown right-wing extremist groups. People associated with such groups have been responsible for some terrible acts, including, don't forget, Deputy Speaker, the horrific attack that occurred in Christchurch in New Zealand.

In this environment, it's important that legislation keeps pace with the threat. That's necessary to protect our nation and to ensure the protection of all Australians from the threat of terrorism. In essence, this bill extends the range of counterterrorism and other police powers in the Crimes Act 1914 and the Criminal Code Act 1995. Those amendments are due to expire on 7 September. Specifically, the bill extends for a further 15 months the following AFP powers: the control order regime, the preventative detention regime and the stop, search and seizure powers which are able to be exercised by the AFP. All three of these powers are currently being reviewed by the Parliamentary Joint Committee on Intelligence and Security. The committee was due to table its report in January this year, but the inquiry is still ongoing. For that reason, it is necessary to extend the sunset provision to ensure that the committee is able to report. Without an extension, we could see significant consequences, including the invalidation of some or all of the existing control orders.

To digress slightly from the bill, I point out to the House that on 29 September we will be observing National Police Remembrance Day. It's a time when we will pause to acknowledge the contribution our police play in keeping our communities and our nation safe. Hence, in relation to this bill, it's necessary that we provide to our police and those responsible for our collective safety the necessary tools and legislative support—the powers—that they need to fight contemporary threats, whether it be crime or in this case terrorism. I would encourage all those people who serve their communities in this place to at least acknowledge, come 29 September, the role of the police in serving in their respective communities. And can I just say how disgraceful it was to see the protests that turned violent in Sydney and Melbourne and the attacks on our police, who were simply on duty to serve and protect our community. Clearly, what we saw reflects badly on people who took their protest so far as to attack those who are sworn to protect us.

To return to the bill, the bill also amends the Independent National Security Legislation Monitor Act 2010. It gives the Independent National Security Legislation Monitor more time to finalise its review of another counterterrorism power—that is, the continuing detention order regime. It will extend the reporting date to as soon as practicable after 7 December of this year. This amendment was sought by the independent monitor and allows for continuing detention orders for high-risk terrorist offenders. The new reporting date will enable the independent monitor to engage in interstate consultations, which have been disrupted during this pandemic period. It also enables a larger body of evidence to be presented for its review.

Finally the bill extends the 'declared areas' provision for a further three years to allow the Parliamentary Joint Committee on Intelligence and Security to conduct a review of the operation, effectiveness and proportionality of the 'declared areas' provision prior to the new sunset date. The 'declared areas' provision allows the Minister for Foreign Affairs to declare an area in a foreign country if he or she is satisfied that a listed terrorist organisation is engaging in hostile activity in that area of the foreign jurisdiction. This deals with issues of foreign fighters. It deals with terrorist acts, as we previously saw in respect of Syria and Iraq, which, I hasten to point out, are no longer declared areas. It also makes it an offence for a person to enter and remain in a declared area, subject to a number of limited exceptions—namely, providing humanitarian aid, performing a duty on behalf of the Commonwealth or visiting family members. It is also important to highlight that the Intelligence and Security Committee also recommended that the 'declared areas' provision be amended to allow Australian citizens to request an exemption from the minister to travel to a declared area for reasons that are currently not covered in the Criminal Code. This recommendation has not been picked up in the bill, and yet this is one we believe should have been dealt with as it was the unanimous recommendation by the committee.

While on this, we're not convinced of the government's arguments for not having it in the bill—namely, that it would significantly divert security and intelligence resources away from national security. As I pointed out, this was a recommendation which was unanimous. It was put by the national intelligence and security committee in a bipartisan manner. For that reason, the shadow minister has moved a second reading amendment, which I support, but I would hasten to add I support the passage of this bill. As I indicated in talking about policing and law enforcement, it is important we ensure that our powers for law enforcement and policing for protection of the community in relation to terrorist acts are such that our law enforcement agencies have the powers and the tools they need to keep our communities safe.

Vince Connelly (Stirling, Liberal Party) Share this | Link to this | Hansard source

I'm very pleased to rise along with many others in this place to speak in favour of the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. I note the presence of another former veteran over there, the member for Solomon, and note that we've got something approaching a platoon's worth now of ex-serving personnel in this House and the other place as well.

The events of 11 September 2001 were really one of those moments—there are probably very few in one's lifetime—where you truly do remember where you were when the events unfolded. For me, I recall being a young platoon commander stationed up in Darwin, which was a wonderful place to be, particularly with our children; you were able to get out and about in the wonderful countryside up there when you weren't training or on operations. But this day was a little different. I woke up quite early, getting ready to go into the unit and start with physical training, and I got a message to check the TV. I turned the television on and saw the events unfolding. I saw the towers on fire and actually coming down, people screaming and the streets absolutely choked with dust and heard screams and the wailing of sirens. As I'm sure many others have had, I've had the opportunity since to go to New York and see the amazing memorial over there.

It certainly is an event that struck a chord in all of our psyches. I think it changed us all in many different ways. Some of those ways were very visible up-front. Even as we approached the base thereafter, there were, and there remains still, quite a few restrictions that were never in place prior to those events. But we should acknowledge, and it's important to do so, that Australia's dedication to our organised response to the threat of terrorism has been in place for great many decades, and indeed our Australian Defence Force was absolutely at the leading edge of these response capabilities. In particular, the Special Air Service, or SAS, regiment in Western Australia has maintained for some decades a counterterrorism capability, and there are a great many men and women who have dedicated their whole careers to building and maintaining that counterterrorism capability. Indeed, both my wife, Peta, and I have seen that firsthand.

My wife's first posting as a young intelligence officer was to the SAS regiment over 20 years ago now, in 1999 to 2000. She was a subbie over there for a couple of years and got to work with the unit, see the capabilities and work with the people providing those amazing and incredible capabilities. I had some experience as an Army reservist with my last posting before coming to this place, which was, as I said, in a part-time capacity. It was also to the SAS regiment, and I can't speak highly enough of the men and women of the unit and what they do to keep us all safe.

Of course, due to increasing response requirements, we now have a strong capability that's been built up in our commando regiment as well, and our state and Federal Police forces have been enhancing their capabilities to respond to domestic terrorism. Further to that, the current events unfolding in the Middle East are also a poignant reminder that, as much as it bewilders us and as much as I cannot imagine people who would be an enemy of freedom, unfortunately, we have to live in reality, and the reality is that there are people who have absolutely every intent and capability to threaten our freedoms and our way of life—to terrorise us. So we need to be prepared to respond, and this bill goes a long way to ensuring that we maintain the readiness that we must.

Australia's first priority is to keep our citizens safe. This bill provides for the continuation of key counterterrorism powers that ensure the safety and security of Australians. Why, we may ask, is this important? It's because of the current threat environment. The current counterterrorism threat environment continues to be highly relevant as we consider what measures are appropriate and reasonable, and those such measures are contained within this bill. Australia's national terrorism threat level is probable. This means there is credible intelligence assessed by Australia's security agencies indicating individuals and groups have both the intent and the capability to conduct a terrorist act here in Australia.

As at 13 July this year—and since September 2014, when the threat level was raised to probable—136 people have been charged as a result of 64 counterterrorism related operations here in Australia. There have been nine attacks and 21 major counterterrorism disruption operations in response to potential attack planning in Australia. Around 120 Australians or former Australians who have travelled to Syria or Iraq are believed to have died. Around 50 people have returned to Australia after travelling to Syria or Iraq, having joined groups involved in the conflict. Some more sobering statistics as we reflect on the importance of this bill are as follows: since 2012, around 230 Australians or former Australians have travelled to Syria or Iraq to fight with or support violent extremist groups involved in conflict and around 250 Australian passports have been cancelled or refused in relation to the conflicts in Syria and Iraq. As at that same date I mentioned earlier, 13 July this year, around 65 Australians and former Australians in Syria or Iraq have fought with or been otherwise associated with religiously motivated violent extremist groups which remain in the region.

The declared areas offence forms a really important part of the Australian government's effort to stop the flow of foreign fighters. This measure also mitigates the risk that returning foreign fighters do pose to Australia. Although there are currently no declared areas, these provisions remain an absolutely necessary component of our framework in the current threat environment and as we look forward into the future at how that threat environment may further evolve.

Control orders are an important tool in preventing a terrorist attack or foreign incursion and for managing the risk posed by persons who continue to present a risk to our communities. Preventative detention orders are an important tool in preventing an imminent terrorist attack and preserve vital evidence in the aftermath of a terrorist attack. Emergency stop, seizure and search powers ensure that police are able to respond consistently and effectively to a terrorist incident or threat. The sparing use of control orders, preventive detention orders and stop, search and seizure powers demonstrates that our AFP have been appropriately judicious in exercising these exceptional powers. Extending the reporting date for the Independent National Security Legislation Monitor's, the INSLM's, review of division 105A of the Criminal Code will enable the INSLM to engage in interstate consultations, which were disrupted by COVID-19, and provide a greater body of evidence to review the practical operation of division 105A.

By way of some further background in relation to this bill, part 1 of schedule 1 of the bill will extend for a further three years—through to 7 September 2024—the declared areas provisions in sections 119.2 and 119.3 of the Criminal Code Act 1995. These are currently scheduled to sunset on 7 September 2021. This bill will also make amendments to the Intelligence Services Act 2001 so that the Parliamentary Joint Committee on Intelligence and Security, the PJCIS, may review the operation, effectiveness and proportionality of the declared areas provisions prior to their new sunset date. These amendments respond to recommendations made by the PJCIS in its 2021 Review of 'declared areas' provisions report. The PJCIS report was tabled on 25 February 2021. Part 2 of schedule 1 extends for a further 15 months the control order regime in division 104 of the Criminal Code, until 7 December 2022. This regime is scheduled to sunset on 7 September 2021. Part 3 of schedule 1 extends for a further 15 months the preventative detention order regime in division 105 of the Criminal Code, until 7 December 2022. This regime is scheduled to sunset on 7 September 2021. Part 4 of schedule 1 extends for a further 15 months the emergency stop, search and seizure powers in the Crimes Act 1914, through to 7 December 2022.

The provisions described above, parts 2 to 4, are currently being reviewed by the PJCIS, which has not yet reported. However, it is critical that these powers not be allowed to sunset.

Part 5 of schedule 1 extends the reporting date for the Independent National Security Legislation Monitor's review of division 105A of the Criminal Code to 'as soon as practicable after 7 December 2021'.

I have covered a fair bit of detail in regard to the intent of the legislation and the specific measures. To summarise, what is sitting behind this and what we must continue to recognise is the reality in which we live. Our safety, security, democracy and way of living are under threat, and we need to retain appropriate, reasonable and balanced powers to continue to respond the way we have successfully done thus far and to fulfil in perpetuity the eternal role of government—the first order of business—which is to keep our citizens safe.

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

As we've heard, the primary priority of government is to keep our community safe. Terrorism is one form of politically motivated violence. Under section 4 of the ASIO Act 1979, it is 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 to activities conducted on ships, offshore platforms or aircraft. Terrorist acts and related offences are further defined in the Commonwealth Criminal Code Act 1995 to include acts or threats of violence that are done to advance a political, ideological or religious cause either in Australia or overseas; acts or threats of violence intended to coerce, or influence by intimidation, a part of government either in Australia or overseas; and acts or threats of violence that are done to intimidate the public or a section of the public.

Depending on your view, terrorist acts in Australia can date as far back as the 'Battle of Broken Hill' in 1915, when two men shot dead four people and wounded seven more before being killed by police and military officers. At the time of their attack, they raised the flag of the Ottoman Caliphate—later the Turkish flag—to identify their cause. As we heard from the member for Stirling, for my generation terrorism is probably more synonymous with the 9/11 attacks 20 years ago, and, though this happened on US soil, the devastation of this attack echoed around the world. Around a dozen Australians lost their lives, and some of the foreign policy decisions made by our own government of the day in response to the attack still have a lasting impact, as we've seen just last week in Afghanistan.

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. Just a few months ago the ASIO director-general told the Parliamentary Joint Committee on Intelligence and Security that the threat of a terrorist attack in Australia remains at 'probable' for the next 12 months, meaning that credible intelligence as assessed by our security agencies indicates that individuals or groups have the intent and capability to conduct a terrorist attack in Australia. Whilst the global pandemic has caused significant social and economic challenges across the world, it has not greatly disrupted the threat of terrorism. I therefore rise today to speak on this important bill, the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill, which provides for the continuation of key counterterrorism powers. It's imperative that the government do all we can to prevent such an attack, and these amendments play an important role in ensuring that we can do so. I thank the joint committee for their important work in this area.

With multiple counterterrorism operations in Australia since 2014, it is essential that ASIO and the AFP have the necessary powers to be able to do their jobs properly. One of the key amendments before us will extend for a further three years the 'declared area' provisions currently in sections 119.2 and 119.3 of the Criminal Code, which form an important part of our government's efforts to stop the flow of foreign fighters and to mitigate the risks that returning foreign fighters—of which there have reportedly been over 200 in recent years—pose to our own communities. To date there have been two areas declared under this section, the Al-Raqqa province in Syria and the Mosul district in Iraq. Al-Raqqa was the first time that the provision was ever put into effect, in 2014, to stop Australians from travelling to the region to become foreign fighters for the Islamic State. Mosul in Iraq was also declared in March 2015, as the government fought to stop Australians from joining the terrorist conflict underway in the area at the time and from supporting terrorist organisations like ISIL, who had a stronghold in the area at that time. I don't think any of us can forget the stories coming out of these areas at the height of ISIL, with barbaric acts a regular occurrence, including mass public executions and beheadings. Any Australian citizen who chooses to join such an organisation should feel the full weight of the law. And, although both orders have since been revoked and there are currently no declared areas, it is of the utmost importance that these provisions are extended as we continue to fight against terrorism.

Through this bill the government is also seeking to extend a number of measures that are otherwise scheduled to expire in just a few weeks including control orders; preventative detention orders; and emergency stop, search and seizure powers. I note that these measures, which have so far been used only sparingly by the AFP and only when necessary, are currently being reviewed by the PJCIS; however, I support the view that it is crucial that these powers are not allowed to sunset until the committee finalises its review and recommendations.

While the threat of religiously-motivated violent extremism remains high, there has also 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. 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.

Just yesterday it was reported that, for the first time, an Australian Neo-Nazi had had his passport cancelled on national security grounds. While dozens of passports of suspected Islamic State fighters from across Australia have been cancelled, this is the first time a white supremacist has lost his rights to travel on national security grounds. Mr Burgess, from ASIO, recently stated that, while Neo-Nazi cells are not new, they are growing and they pose a grave terror threat. The man in question had his passport cancelled by the federal government last year after ASIO advice that he may pose a national security risk if allowed to travel overseas to take up arms in a foreign conflict.

Lastly, I would like to point out that, while these amendments are measures designed to ensure that there are legal ramifications for involvement in a range of terrorist related activities, there are separate measures in place, brought in by this government, to help individuals disengage from violent extremism. Since 2013 we have invested more than $50 million, through the countering extremism program, to build the resilience of communities to violent extremism, reduce the spread of terrorist propaganda online and divert and de-radicalise at-risk individuals.

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 and smaller groups. The extension of these measures will ensure that we continue to provide the agencies with the necessary and appropriate powers to continue to identify and stop such potential terrorists.

Fiona Martin (Reid, Liberal Party) Share this | Link to this | Hansard source

I rise today to speak in support of the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. The truth is that we live in very uncertain times. While we wish it were not so, we know that there are individuals, groups and movements around the world, within Australia and within our own community that wish to do Australia and Australians harm. Our most important responsibility is to keep Australians safe and to protect our way of life, our freedom and our values. Since September 2014 Australia's law enforcement agencies have disrupted 18 major terrorist attack plots. There have been 128 people charged as a result of 59 counterterrorism related operations around Australia. There are 52 terrorist offenders currently behind bars for committing a Commonwealth terrorism offence. Since 2014 the government has allocated more than $61 million to countering violent extremism programs, including more than $13 million for intervention programs.

These individuals, these groups and these movements are driven by many motives. But at their core they are all driven by violent antipathy to all Australians' way of life. Whether it be our multiculturalism, our democracy or our freedom, they wish to change our way of life through acts of violence and the resulting fear they evoke. We are lucky in Australia to have world-class intelligence, security and law enforcement agencies. These agencies are filled with dedicated men and women from all backgrounds who work day in, day out to protect all Australians. Whether it is probing the underbelly of the internet and the encrypted chats of violent extremists, tracking potential threats or preventing terrorist attacks, their tireless efforts keep us safe.

This bill is about ensuring those agencies continue to have the powers they need to keep us safe. That is why this bill must be passed without delay. This bill provides for the continuation of key counterterrorism powers that have helped to protect the lives of Australians since their enactment. In response to the Parliamentary Joint Committee on Intelligence and Security's 2021 Review of 'declared areas' provisions, the bill will extend the sunsetting of declared areas provisions in the Criminal Code Act to 7 September 2024 and will amend the Intelligence Services Act 2001 to provide for the Parliamentary Joint Committee on Intelligence and Security to review these provisions by 7 January 2024, ahead of the new sunsetting date.

The declared areas offence forms an important part of the Morrison government's efforts to stop the flow of foreign fighters to overseas conflict zones and to mitigate the risk that returning foreign fighters pose to Australians. Although there are currently no declared areas, these provisions remain a necessary component of our framework, particularly as we consider the current threat environment and look to the future. Control orders and preventative detention orders are important tools for our agencies. Control orders assist in preventing a terrorist attack or foreign incursion, and they are vital for managing the risk posed by persons who continue to present a risk to the community. Similarly, the preventative detention orders are important in preventing an imminent terrorist attack and in preserving vital evidence in the aftermath of a terrorist attack.

Part 4 of schedule 1 of the bill also extends the operation of the stop, search and seizure powers regime by a further 15 months. This will ensure that the Australian Federal Police are able to respond consistently and effectively to a terrorist incident or threat. This will ensure that these powers do not sunset and will provide time for the government to consider any recommendations of the Parliamentary Joint Committee on Intelligence and Security's most recent review of Australian Federal Police powers. As the parliamentary joint committee found, and as is noted in their 2018 report into AFP powers, these powers are expected to be exercised only in rare and exceptional circumstances and they remain necessary, particularly in the light of the number of threats against Commonwealth places that have been disrupted in recent years.

As the Attorney-General noted in the other place, this bill reflects the government's ongoing commitment to protecting the Australian community from the threat of terrorism and ensuring that our law enforcement agencies continue to be able to manage the evolving national security threat environment. Our law enforcement agencies have our backs each day. They keep us safe from the worst of society, and we must have their back by ensuring that they continue to have at their disposal the tools that they need to do their jobs effectively.

Gladys Liu (Chisholm, Liberal Party) Share this | Link to this | Hansard source

Protecting the Australian community is, and will continue to be, the Morrison government's highest priority. I rise to speak on the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. This bill will provide for the continuation of key counterterrorism powers to keep Australians safe.

First, the declared areas provisions in section 119 of the Criminal Code make it an offence to enter, or remain in, an area declared by the Minister for Foreign Affairs. The declared areas offence is an important part of the Morrison government's efforts to stop the flow of foreign fighters to overseas conflict zones, and to mitigate the risk that returning foreign fighters pose to Australians. However, such a power should not be without limits, and I note the range of carefully defined exemptions in the legislation, including bona fide visits to family members, journalism, a range of official duties and the provision of humanitarian aid. There is also an ability to prescribe additional exemptions through regulations, as required. Although there are currently no declared areas, these provisions remain a necessary component of our framework in the current threat environment and looking to the future.

Second, we have the control order regime in division 104 of the Criminal Code. Control orders are an important tool in preventing a terrorist act or foreign incursion and for managing the risk posed by persons who continue to present a risk to the community. It is important to note that control orders must be issued by a court. The Australian Federal Police can apply to the court to issue a control order against someone and must have the consent of the Minister for Home Affairs.

Third, we have the preventative detention orders regime in division 105 of the Criminal Code. Such orders are an important tool in preventing an imminent terrorist act and preserving vital evidence in the aftermath of a terrorist act. There are also amendments to the Intelligence Services Act as well as the Crimes Act to extend the operation of the stop, search and seizure powers in division 3A, part IAA. These powers ensure police are able to respond consistently and effectively to a terrorist incident or threat. They allow for police to request information to conduct a search and to seize property where they suspect a person might have committed or is about to commit a terrorist act.

The Parliamentary Joint Committee on Intelligence and Security is currently conducting a statutory review of control orders, preventative detention orders and the stop, search and seizure powers. This bill ensures that these powers do not cease while this important review is going on. The sparing use of control orders, preventative detention orders and stop, search and seizure powers demonstrates that the AFP have been appropriately judicious in exercising these exceptional powers. As such, to extend the aforementioned powers for a further 15 months is a prudent and proportionate act which will maintain the status quo while the joint committee carries out its important work. It is critical that these powers not be allowed to sunset in the meantime. Australia's intelligence, security and law enforcement agencies are world class. We owe it to the Australian people to make sure that the legal framework that defines the powers of these entities is fit for purpose and enables them to do their jobs and keep us all safe.

Pat Conaghan (Cowper, National Party) Share this | Link to this | Hansard source

I'm very pleased to rise and speak on the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. I would like to start by thanking all the AFP and all the members of Australia's intelligence organisations for their diligence and the hard work that they carry out to protect our nation and our nation's borders. This is something that's very, very important to many Australians, including many young Australians. Indeed, I've been contacted by 15-year-old Lachlan Murray, who lives in Sydney and has a very keen interest in this area. It goes to show that it's not just us who work in this place but all Australians who take a very keen interest and are very concerned about our nation's borders. As a former police officer, I respect and applaud this government's continued dedication to keeping the threat of terrorism away from our shores.

The simple fact is that what you can't see can hurt you. That's why our nation's intelligence organisations are so important: they look hard; they know what they're doing and they can see what would hurt us. That's why these extensions are so important. As Australians, we need to appreciate the peaceful freedoms we currently enjoy and we need to appreciate that they aren't given. They have actively been protected in recent years by our current counterterrorism measures, and this bill provides for the continuation of those key counterterrorism powers that will continue to ensure the safety and security of all Australians.

Australia's national terrorism threat level is 'probable', and it has remained at probable since September 2014. This means that over the past seven years there has been credible intelligence, assessed by Australia's security agencies, that individuals and groups have the intent and capability to conduct a terrorist act in Australia. As at July this year, since the threat level was raised to probable in September 2014, 136 people have been charged as a result of 64 counterterrorism related operations around Australia—136 people who wish to do harm to our nation and to our nation's people. There have been nine attacks and 21 major counterterrorism disruption operations in response to potential attack planning in Australia. Around 120 Australians who travelled to Syria or Iraq since 2014 are believed to have been killed and around 50 have returned to Australia after travelling to Syria or Iraq who have been confirmed as being involved in a conflict in those countries. Since 2012, around 230 Australians have travelled to Syria or Iraq to fight with extremist groups, and around 250 Australian passports have been cancelled. We have recognised that these people are a danger to our country and we have cancelled their passports, as we should do and as we will continue to do.

The four key powers that this bill is seeking to extend are the control order regime; preventative detention orders; stop, search and seizure powers; and declared areas offences. The control order regime is an important tool in preventing a terrorist attack or foreign incursion, and in managing the risk posed by persons who continue to present a risk to our community. It should be noted that the control order regime has been used judiciously to date. It has been used responsibly and sparingly: between 2014 and 2021 a total of only 20 control orders were issued. So we recognise, as government, that people have rights. We recognise that these laws should only be used for extreme measures.

The emergency stop, search and seizure powers are there to ensure that police are able to respond consistently and effectively to a terrorist incident or threat as it occurs. In order to exercise these powers, the police officer must suspect on reasonable grounds that a person might be committing or is about to commit a terrorist attack. Preventative detention orders are also an important tool in preventing an imminent terrorist attack, and preserve vital evidence in the aftermath of a terrorist attack. It should be noted again that since the commencement of the regime in 2005 until now no Commonwealth PDOs have been issued. Once again, this reflects the policy intent that these orders should be invoked only in the limited circumstances where traditional investigative powers available to the law enforcement agencies are inadequate to respond to a terrorist threat.

Finally, the declared areas offence forms a very important part of the Australian government's efforts to stop the flow of foreign fighters. It also mitigates the risk that returning foreign fighters pose to Australia. It should be noted that there are currently no declared areas, but the provisions remain necessary for our framework in the current threat environment and in looking to the future in protecting our own borders.

I note that some 18 months to two years ago I undertook a delegation through the Joint Parliamentary Committee on the Australian Commission for Law Enforcement Integrity to both New Zealand and Vanuatu. Upon examination of the processes of their border controls, it struck me how well, as a nation, we do to protect our borders against terrorist attacks and incursions by unwanted groups. We have a very big border to patrol, and I go back to my initial comments about how much respect we should show to our Australian Federal Police and indeed our state and territory officers in the job that they do together to protect our borders against what effectively is evil—evil intent with evil deeds. Looking at those smaller nations of Vanuatu and New Zealand, it struck me that Australia is a leader in intelligence and a leader in protecting our communities, bearing in mind the size of our borders around Australia.

In conclusion, I believe that Australia is a country worth protecting, and almost every one of our citizens would believe that. We are very lucky to be in this country. We are lucky we were born here. Some are not as lucky, and many envious eyes are looking at Australia, looking at Australia's borders and looking at Australia's people with that evil intent. Our people and our borders are worth protecting, and that is exactly what these bills do. The sparing use of these measures to date illustrates that they are not being used without considerable justification. The national terrorism threat level is probable, and it is where it has been for the past seven years. What you can't see can hurt you, and I applaud this government's determination in committing to ensure the ongoing safety of all Australians.

Kevin Andrews (Menzies, Liberal Party) Share this | Link to this | Hansard source

I rise to speak on the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021, and I begin with the observation that the defence of the nation and the security of its people is the No. 1 priority of any national government. If a government cannot bring those ends to a good conclusion on an ongoing basis, then most other things fall away. If we need a reminder of the importance of the ongoing fight against terrorism, surely we've had it in the past few days in what's happened in the Middle East.

Let us recall why such legislation is important. We've had nine terrorist attacks in Australia, and numerous ones have been averted. Many individuals have been charged, and 52 are currently in prison as a result of convictions relating to terrorism. We know that at least 230 individuals have travelled to Syria and Iraq to participate in activities there, that some 250 Australian passports have been cancelled and that at least 65 Australians or former Australians have fought with terrorist groups in Syria and Iraq.

These are compelling matters. I was reflecting in the past couple of days that a large number of Australians weren't born when the latest terrorism events occurred. How many Australians were either not born or too young to remember 9/11 and the other events which have occurred around the world since then? So we do need a reminder from time to time as to why measures such as this, which may have been regarded a generation ago as unnecessary, remain pertinent to the security of the nation today.

Let me remind the House of the provisions in this particular bill. Firstly, it extends for a further three years, until 7 September 2024, the declared areas provision in sections 119.2 and 119.3 of the Criminal Code. Section 119.2 pertains to entering or remaining in declared areas, and it states:

(1) A person commits an offence if:

  (a) the person enters, or remains in, an area in a foreign country; and

  (b) the area is an area declared by the Foreign Affairs Minister under section 119.3; and

  (c) when the person enters the area, or at any time when the person is in the area, the person:

     (i) is an Australian citizen; or

      (ii) is a resident of Australia; or

     (iii) is a holder under the Migration Act 1958 of a visa; or

     (iv) has voluntarily put himself or herself under the protection of Australia.

That's the central matter which this goes to. Section 119.3 pertains to the declaration of areas for the purposes of section 119.2 and states:

The Foreign Affairs Minister may, by legislative instrument, declare an area in a foreign country for the purposes of section 119.2 if he or she is satisfied that a listed terrorist organisation is engaging in a hostile activity in that area of the foreign country.

Those two provisions set out further detail as to how a declaration is made and the consequences of such a declaration. The purpose of this bill is to extend, as I said, for a further three years, those particular provisions, particularly to enable the Parliamentary Joint Committee on Intelligence and Security to undertake a review of the operation of the provisions.

Secondly, part 2 of schedule 1 of the bill extends for a further 15 months the control order under division 104 of the Criminal Code until 7 December 2022. Division 104 relates to control orders and states:

The objects of this Division are to allow obligations, prohibitions and restrictions to be imposed on a person by a control order for one or more of the following purposes:

(a) protecting the public from a terrorist act;

(b) preventing the provision of support for or the facilitation of a terrorist act;

(c) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.

Given the statistics I read out at the beginning of my remarks, one can see why such a provision is a necessary provision. Once again, it is something that this bill extends so that a proper review of it can be undertaken.

Part 3 of schedule 1 of the bill extends for a further 15 months the preventative detention order regime in division 105 of the Criminal Code until 7 December 2022. Division 105 relates to preventative detention orders. The object, as set out in the legislation, is:

… to allow a person to be taken into custody and detained for a short period of time in order to:

(a) prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days from occurring; or

(b) preserve evidence of, or relating to, a recent terrorist act.

Again, given the statistics which I recited earlier in this contribution, one can see the importance of having such a preventative measure in place in the legislation in Australia.

I conclude on this note: it is through a combination of good management and, frankly, good luck that we haven't had more terrorist incidents in this country. The fact that we have been successful in identifying terrorist activity, the fact that we have been successful in preventing it from occurring and the fact we have been successful in terms of prosecuting and imprisoning people who have been engaged in terrorism acts in the past should not make us in any way complacent to the ongoing threats that occur and will occur in this country. The reality is that there are, in our presence, a group—albeit a small group—of those who would wish to do the worst to this country in terms of carrying out some ideological agenda. That's the reality we have to face. We cannot be complacent. Eternal vigilance is what is required, and this legislation is part of the legislative response to having that eternal vigilance.

Tim Wilson (Goldstein, Liberal Party) Share this | Link to this | Hansard source

Like for many members, it's a privilege to be able to speak on the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021, which is of critical importance to the national security of our country.

When it comes to legislation that deals with the challenges of national security, there's generally a good spirit of bipartisan support in this chamber on the simple basis that it's not just an issue on which we have common purpose—and, of course, we should—but also one that is relatively free of the different philosophical divisions between members and what brings them to this chamber. If anything else, if your pursuit of wanting to defend Australia, its interests and the safety and security of its citizens is not part of your core objective and core belief, then the question should be asked: what is it that you are doing here?

In saying that, it doesn't mean that we believe in unlimited restrictions on our liberty or our freedom as a consequence of national security legislation. In fact, I think it's one of the areas in which this parliament can be very proud of its important work in finding that sense of balance. In other countries, including some that are Five Eyes partners or even part of other broader alliances, it isn't always clear that they strike that balance. This is both because they don't start from a position of saying the security and freedom of the individual are of critical importance and because, in the end, they want to seek to empower agencies and government to provide a false assurity because they feel they can justify it as a means to fiddle in the affairs of their citizens.

That is not our way, that will not be our way and that should not be our way. Our balance should be to focus on what we need to do, yes, to keep Australians safe but, critically, to keep them free. It's one of the great principles that underpin the strength of our country. This bill is consistent with that provision because, so often when we seek to introduce legislation that does have a constraint on liberty, often for those who are a target of investigation by our various agencies—from domestic police forces all the way through to agencies that have a broader responsibility beyond our shores—we put in sunset provisions and restrictions which make sure that legislation is reviewed regularly by this parliament. This means there isn't a needless encroachment on people's freedom and, if there is, there's proper accountability. It also addresses the reality that legislation often has to be reviewed against the framework of changing circumstances, both from adversaries and those who wish our nation ill, and against the backdrop of changing technology, as well as the need to be contemporary and relevant to the threats that Australia faces.

What this legislation does is look at some of the bigger challenges we have in terms of foreign conflict, for example, particularly around our foreign fighters legislation and the need to continue declared area offences associated with foreign fighters. This is a controversial part of law. It was reviewed recently by the Parliamentary Joint Committee on Intelligence and Security, of which I am a member. I continue to have philosophical challenges with this provision of law, including the idea that we're going to declare areas in the world where it's essentially illegal to go and that, simply by an Australian citizen's mere presence in that location, they commit a crime. This is why we should review this legislation regularly and have it brought back. Is it still fit for purpose? Is it being utilised properly by our agencies and through the directives of the minister? Are they seeking to use or abuse these very critical powers? I think we can take a high degree of confidence with how they have been implemented, but that is how this government has done so; it needn't mean that other governments in the future may do so. There is a need to continue to review the basis of the legislation, its efficacy in the 21st century and whether it also sets precedents for other areas of law. That, of course, goes for other provisions within the bill—the renewal of the control orders regime; terrorist acts and foreign incursion; managing the risk posed by persons who continue to present a risk to the community; preventative detention orders, which are an important tool in preventing an imminent terrorist attack and preserving vital evidence in the aftermath of a terrorist attack; and emergency stop, search and seizure powers, which ensure police are able to respond consistently and effectively to terrorist incidents or threats. While all of these provisions give capacity to our agencies to do their job, there are heavy restrictions around their use, including protections for people's liberty, so that they're targeted and utilised appropriately.

More importantly, as part of the broader artifice of our national security framework—not just around the safeguards we provide around these types of powers that are given—we send them through the parliament for renewal so that we can be confident around their operational use. We also have, as members may be aware, quite a sophisticated architecture around the ongoing operation of this legislation so that it's used appropriately and there's proper oversight of its day-to-day use. Of course, we have the IGIS, the Inspector-General Intelligence and Security, with the standing powers of a royal commission to make sure that if there is misuse of power it's identified, those responsible are held accountable and it's transparent about abuse either to the public and/or the Parliamentary Joint Committee on Intelligence and Security. There's the Independent National Security Legislation Monitor, who looked at some of the provisions around their ongoing extension and their justification. INSLM's job is to continually review laws in the national security space for our country and, in doing so, assess whether they're fit for purpose and what needs to be amended or updated or subtracted—we need to make this critically clear: or subtracted—from the framework of laws because they have reached their use-by date or no longer serve a practical purpose. All of those matters are overseen as well by the Parliamentary Joint Committee on Intelligence and Security, of which, as I mentioned before, I'm a member. We do far more inquiries sometimes than our diaries allow, but that ensures that we are regularly reviewing the proper evidence base for the continuation of these laws, how they operate and the agencies that seek to implement them.

While there are many things in this chamber that we will strongly and vehemently disagree with, and sometimes I'm at the fore of those disagreements, the collegiality even in disagreement and seeking to query the basis of these laws through the PJCIS is something that members can take a great deal of comfort in. As somebody said to me, the committee has literally every part of the philosophical spectrum. In fact, I would say there's a healthy number of civil libertarians currently on the committee offering their own feedback and advice on legislation as it comes through, and, sometimes, I suspect, much to the minister's chagrin, there are requests for not just amendments but, more critically, a wholesale renewal and re-approach towards legislation to make sure it's fit for purpose and it's protecting Australian citizens' interests and their freedom against the backdrop of genuine, sincere national security threats. We as a committee work through those pieces of legislation methodically and pragmatically, in partnership with those who seek to implement it, on behalf of Australians. I know the work the committee does is highly regarded by this parliament because invariably when the PJCIS makes a recommendation—and members on both sides of the chamber are participants—it's generally taken as a given that that should be the broad basis of law. Sometimes there will be minor amendments and sometimes there will be disagreement between the committee, the parliament and the government, because of access to further information that may come about. But the basis of it remains the same and that is something we can all take a high degree of confidence in: its work and, more critically, the advice that's then provided to this parliament about the passage of legislation.

Make no mistake, the bill before us today is one of critical urgency and importance. The Morrison government's first task above all else is to keep Australians secure and safe. The threats that are posed to us as a nation through the risks of terrorism, cyberattacks and other threats remain real, and they are something that we must stay on top of as a nation if we wish to be confident in securing our national interest and the health, safety and wellbeing of the Australian people. Of course, these threats, most of which we do not invite upon ourselves at all, will continue into the future. Nonetheless, we must be in a position to respond to those threats, because those people who wish us harm need to be met with the full confidence of the Australian people and its government and its agencies to defend our way of life, our nation and our national interests. And we make no apology for standing up strongly in doing so, because the first basis of any citizen's freedom is of course their personal security. When that is threatened, they are not just threatened, we are not just threatened, but, of course, the nation is threatened as well. I commend the bill to the House.

Angie Bell (Moncrieff, Liberal National Party) Share this | Link to this | Hansard source

Of course, keeping Australia and our population safe, secure and free is a priority of the Australian government, particularly now, with the challenges that we face across the world. The protection and security of Australian citizens is of utmost importance. There are various regions around the world that are unstable, and this is of great ongoing concern to the government. It's not only instability that creates terrorists; many of these areas produce terrorists. In the worst-case scenarios, sometimes victims of conflict can end up in refugee camps. We've seen this occur in Africa, Syria, Afghanistan, Lebanon, Myanmar and Bangladesh. The closest region to our country, of course, is Myanmar, and those refugees are now in Bangladesh, in Cox's Bazar. Before the pandemic hit in January 2020, I travelled with Save the Children to Cox's Bazar in Bangladesh to witness firsthand over one million refugees who walked across the border from Myanmar to flee the violence and persecution from the military junta who are now in power in that country and continue to persecute their own population, although there have been movements recently where those in the non-military population are banding together, which is good to see.

According to the UNHCR, the UN refugee agency, in 2018—this is interesting—70.8 million persons were forcibly displaced around the world. That's 37,000 people every single day who are losing their personal security and the ability to provide for themselves and their families. The breakdown looks like this: 25.9 million refugees, which is the Australian population, in one year, with 20.4 million refugees under the UNHCR's mandate and 5.5 million Palestine refugees under UNRWA's mandate; 41.3 million internally displaced people; and 3.5 million asylum seekers. In 2018, sadly, 138,600 were unaccompanied or separated children. What happens to those children? Well, they are at risk of being corrupted and radicalised in refugee camps or wherever they find themselves after their displacement. And it's just one part of the whole story. Of course, there are groups in Australia, on our own soil right now, who seek to harm Australian citizens. But the threat of terrorism comes not just from the growing list of terrorist groups; it can emerge from conflict areas around the world that I've just spoken about. I highlight this not because I defend or condone acts of terror but to explain to Australians that many stateless and displaced persons who live in refugee camps under dangerous and desperate conditions are at risk of becoming radicalised and so join terrorist groups.

Can I take this opportunity to thank the international aid organisations, like Save the Children, and the NGOs around the world who work with and in refugee camps and in those environments, which makes a big difference. Australia does good work in this space—work that prevents and counters radicalism and terror at its very core and that improves health, education and social outcomes for so many around the world. Since 2013-14 the government has allocated more than $61 million to countering violent extremism programs, including more than $13 million for intervention programs. I will also point out how deeply challenging it remains for them, for those who are helping across the world, to assist in those interventions when you add the extreme complication of COVID-19 on top of existing situations.

Terrorism is indeed, as I've pointed out, a global challenge. Australia works closely with our international partners in our region and beyond. Underpinning Australia's fight against terrorism is Australia's Counter-Terrorism Strategy, which is based on partnerships between all levels of government, communities and the private sector. The strategy focuses on disrupting terrorist activity within Australia. Since September 2014 Australia's law enforcement agencies have disrupted 18 major terrorist plots to attack Australians, 128 people have been charged as a result of 59 counterterrorism related operations around Australia and 52 terrorist offenders are currently behind bars for committing a Commonwealth terrorism offence.

We are doing some good work in this area, ensuring an effective response to, and recovery from, any terrorist incidents; reducing the lure of violent extremist ideologies; stopping Australians from using violence to express their views and contributing to global counterterrorism efforts. Australia's international counterterrorism efforts are focused on law enforcement, intelligence, border and transport security, diplomacy, defence, terrorist financing, building counterterrorism capacity in the region and countering violent extremism.

We have passed 22 tranches of national security legislation. These are helping our intelligence and law enforcement agencies investigate, monitor, arrest and prosecute extremists. The government has boosted funding of our law enforcement intelligence and security agencies by over $2 billion since 2014. Recent legislation passed by parliament means a person who is a dual national can cease to be an Australian citizen if they act in a way that is inconsistent with their allegiance to our country. This includes engaging in terrorism related conduct, fighting for a declared terrorist organisation outside Australia or being sentenced for at least three years for specified terrorism offences. And 20 people have lost their Australian citizenship through terrorism related actions.

This bill provides for the continuation of key counterterrorism powers that ensure the safety and security of all Australians. The declared areas offence forms an important part of the Australian government's efforts to stop the flow of foreign fighters and mitigates the risk that returning foreign fighters pose to our nation. There are currently no declared areas, but these provisions remain a necessary component of our framework in the current threat environment. Looking to the future, those key counterterrorism powers include control orders; preventative detention orders; and emergency stop, search and seizure powers. The sparing use of a control order; a preventative detention order; and a stop, search and seizure power demonstrates that the Australian Federal Police have been appropriately judicious in exercising these exceptional powers.

Extending the reporting date for the Independent National Security Legislation Monitor's, or INSLM's, review of division 105A of the Criminal Code will enable it to engage in interstate consultations which were disrupted by COVID-19 and provide a greater body of evidence to review the practical operation of division 105A. Once this bill is passed the INSLM will advise a revised schedule for the conduct of this review into division 105A of the Criminal Code.

There are a few technicalities to this bill. I will start with those. I'm sure that in a few moments we will go to 90 second statements and I will have to be in continuance afterwards. But I will start with part 1 of the schedule, which will extend, for a further three years, until the 7 September 2024, the declared areas provisions in section 119.2 and 119.3 of the Criminal Code Act 1995 that are scheduled to sunset on 7 September 2021. This bill will also make amendments to the Intelligence Services Act 2001 to provide that the Parliamentary Joint Committee on Intelligence and Security may review the operation, effectiveness and proportionality of the declared areas provisions prior to their new sunset date. These amendments respond to recommendations made by the PJCIS in its 2021 review of declared areas provisions. The PJCIS report was tabled on 25 February 2021. Part 2 of schedule 1 extends for a further—(Time expired)

Andrew Wallace (Fisher, Liberal Party) Share this | Link to this | Hansard source

Order! It being 1.30, the debate is interrupted in accordance with standing order 43. The debate may be resumed at a later hour.