Scott Ludlam (WA, Australian Greens) Share this | Hansard source

I thank Senator Brandis and the chair, Senator Trood, for working together with us on this one. I now move—again moving up the running sheet, if that is okay—Greens amendment (4) on sheet 5904:

(4)    Clause 6, page 6 (line 22), at the end of subclause (1), add:

   ; and (e)    to assess whether Australia’s counter-terrorism or national security legislation is being used for matters unrelated to terrorism and national security.

The amendment relates to the ability of the monitor to assess whether the laws are operating as they should, as they were intended to, or whether in fact some form of ‘scope creep’ is occurring—for example, permitting undue surveillance of legitimate and peaceful demonstrators. The secrecy that surrounds the operationalisation of these laws means that they are vulnerable to misuse and abuse. Government amendment (6) does actually insert the possibility for the reviewer to assess the proportionality and necessity of the laws, and we appreciate the government moving that amendment; we will be supporting them. The Greens believe that there is merit in including explicit reference to the possibility of laws being used for matters unrelated to terrorism.

Senators will have heard me refer to these sorts of matters in the chamber and also in estimates committees. It is not simply a preoccupation with the defence of climate change activists or peace activists and so on, although obviously they are causes very dear to my heart. It is about looking at it from the point of view of these agencies which are provided with enormous budgets and operating capacity to protect Australians from violent crime and from attacks by international terrorist organisations. I am very concerned that these agencies not waste their time, effectively, following around people who may or may not have a banner in their backpack. This is something that I took up with the ASIO Director-General, who did not realise that operatives of ASIO were following around climate change protesters who were dropping banners. They were not even trespassing but outside power stations. It is with regard to that kind of waste of resources that we can give the monitor a useful role in assessing whether this kind of scope creep is occurring—whether these antiterrorism laws are being used for purposes other than those for which they were intended. It is a very simple amendment, inserting some language to effectively make sure that the counterterrorism or national security legislation is not being used for matters unrelated to terrorism and national security. I commend this amendment to the Senate.