Fiona Nash (NSW, National Party) Share this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the report of the committee, Inquiry into the proscription of ‘terrorist organisations’ under the Australian Criminal Code. I move:

That the Senate take note of the report.

Combating international terrorism has become a high priority for national governments since the tragic loss of thousands of innocent lives in the terrorist attacks by al-Qaeda on the US in 2001. Over the past five years terrorist violence has claimed hundreds more lives in attacks in Bali, Jakarta, Madrid and London. These events have signalled an increased threat to Australian interests, and several prosecutions for alleged terrorist activity are currently before the courts.

The power to list a ‘terrorist organisation’ under the Criminal Code was one element of a package of reforms adopted in 2002. Australia has listed 19 organisations but so far proscription has not been an element in any of the prosecutions for terrorist organisation offences. No listed entity has applied to the minister to be delisted or sought judicial review in the courts. Despite this, it was evident throughout the inquiry that some sectors of the community continue to have concerns about the impact of proscription and, in particular, the breadth of terrorist organisation offences. Several witnesses called for reform that would see proscription transferred to the judiciary or a new advisory panel to advise the minister on possible listings. 

The committee considers that the current model of executive regulation and parliamentary oversight provides a transparent and accountable system that is consistent with international practice. However, there is clearly room to improve the public information available about the implications of listing and data on the application of the new terrorism laws. The appointment of an Independent Reviewer would make a significant contribution to those efforts.

Mr President, I commend the report to the Senate.

Question agreed to.