Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Albanese government is committed to protecting the Australian community against the real and evolving threat of terrorism.

The threat of terrorism is enduring and we must remain resolute in our response. To this end, this bill ensures the continuation of a key component of our counterterrorism legal framework: the declared areas provisions.

Declared areas

The declared areas offence in section 119.2 of the Criminal Code Act 1995, which is currently due to sunset on 7 September 2024, is an important part of the Australian government's efforts to stop Australians becoming foreign fighters.

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 areas declared, these provisions remain a necessary component of our framework in the current threat environment. The offence plays a role in the disruption and prosecution of returning foreign fighters and their associates. The limited number of areas that have been declared, and the limited use of the offence to date, demonstrate its exceptional nature and judicious use of this power.

Measures in the bill

The bill would extend the offence in section 119.2 for three years, to 7 September 2027. A three-year extension reflects the continued appropriateness of the provisions and is consistent with the previous recommendations made by the Parliamentary Joint Committee on Intelligence and Security. This will be the third time the provision has been extended.

The bill would also provide that section 119.3—the provision under which the Minister for Foreign Affairs can declare an area for the purpose of the offence in section 119.2—also ceases to have effect on 7 September 2027. This will align the relevant declaration and offence provisions in the Criminal Code.

The Intelligence Services Legislation Amendment Bill 2023, which is currently before the parliament, would empower the Parliamentary Joint Committee on Intelligence and Security to review these provisions before they sunset, ensuring that due consideration is given to the continued utility of the provisions.

Concluding remarks

As is appropriate for such laws, the government has reviewed the declared areas provisions to ensure they remain appropriate and fit for purpose.

I commend the bill to the parliament.

Debate adjourned.