Senate debates

Tuesday, 23 September 2014

Bills

National Security Legislation Amendment Bill (No. 1) 2014; Second Reading

1:51 pm

Photo of Concetta Fierravanti-WellsConcetta Fierravanti-Wells (NSW, Liberal Party, Parliamentary Secretary to the Minister for Social Services) Share this | Hansard source

I rise to speak on the National Security Legislation Amendment Bill (No. 1) 2014, being the first tranche of the government's proposed reforms to national security legislation. This bill will modernise and enhance the legislative framework that governs the Australian intelligence framework. It does so by focusing on the powers of intelligence agencies and the way they have available to them to obtain and gather intelligence for the purposes of protecting our national security. The bill implements the government's response to chapter 4 of the bipartisan report of the Parliamentary Joint Committee on Intelligence and Security in its inquiry into potential reforms to national security legislation that was tabled on 24 June 2013.

By addressing the practical limitations identified by the Parliamentary Joint Committee on Intelligence and Security, this bill will ensure that our intelligence agencies retain their capabilities to protect Australia's national security in the contemporary security environment. In particular, the bill focuses on recommendations in chapter 4 of that report, of which the government has accepted most in full or in part. As indicated, the bill would modernise and enhance the legislative framework governing the Australian intelligence community. In particular, the bill will ensure that intelligence collection and related powers keep pace with technological developments, particularly the use of online communications by persons of security concern. To this end, the bill will also assist in managing the risks presented by Australians who are participating in foreign conflicts or who are supporting participants in foreign conflicts, and this of course includes terrorist organisations.

Intelligence is at the forefront of our national security capability and it is vitally important that this remain the case given the global challenges we face. The reforms to the intelligence specific secrecy offences will strengthen Australia's capability to manage the risk of unauthorised disclosures of classified information by trusted insiders who have access to such information in the course of their official duties. This bill is a significant contribution towards ensuring that future capability of Australia's intelligence agencies are secured. In broader terms, this bill is just the first step in the government's commitment to maintaining and improving Australia's already strong national security laws where this is necessary.

As has been indicated, other legislation will shortly be brought in which will complement a suite of available laws. The government is undertaking a comprehensive review of these laws, which will involve responding to recent reviews and proactively addressing any gaps that may be required to be filled to ensure that our agencies can respond effectively to emerging security threats. Let us not forget that four planned terrorist attacks on Australian soil have been disrupted since the enactment of Australia's counterterrorism legislation in 2002. In addition, 23 people have been convicted under Australian law of terrorism related offences. Most of these prosecutions have made significant use of vital intelligence information. I take this opportunity to point out that in these prosecutions reliance was also placed on information from the public and that without that information from the public, including from various communities, those prosecutions would not have been possible.

It is imperative that the statutory framework governing the operations of Australia's intelligence agencies does keep pace with the contemporary and evolving security environment in which we live. If our agencies are to maintain their effectiveness, they need to be supported with legislation that allows them to respond rapidly to emerging security threats, both on the domestic front and on the global front. Amongst these activities in the international sphere of security concern is transnational terrorism. This includes the involvement of terrorist organisations in civil conflicts or insurgencies, such as what we are witnessing in Syria and Iraq. As we know, around 60 Australians are participating in the conflict zones in Syria and Iraq; a total of 150 Australians, both onshore and offshore, are involved in the conflict, and this ranges from engagement in fighting to providing support such as facilitation or funding. And we know that a considerable number have also been precluded from travelling to these areas.

Again, I particularly mention the work that has been done by people, particularly in the Muslim community. Imams, families and community leaders have been involved in important counselling work with young disaffected people and stopping those young people from travelling abroad. This is the most significant risk to Australia's domestic security that we have faced in many, many years. There is a real risk that such participants will become further radicalised. They may return to Australia with an increased capability and a capacity to pursue violent acts in our community. The threat of a terrorist attack on Australian soil is a very real one, it has not diminished. Indeed, the threat of home-grown terrorism is an enduring one in today's global environment.

We have seen rapid developments in information and communications technology, particularly in the online space, and this has led to increased use of activities that do raise security concerns. Terrorist groups and individuals are becoming much more sophisticated in their use of such technology in organising themselves and in evading detection. And that is why it is vitally important that our security and our intelligence forces are one step ahead. Espionage also remains a security threat, and we have seen a number of high-profile cases which are a stark reminder to us of the risks presented by so-called trusted insiders in this respect. It is important that our intelligence agencies are equipped with powers that enable them to function at their best and to function most effectively in this environment.

I am pleased to support our efforts to secure Australia's position in relation to these issues. Our government will do whatever is possible to keep its people safe, but I want to stress that our security measures are directed towards terrorism and those who would do us harm. Can I stress that these measures are not about religion and they are not about any sector of our Australian community. This legislation provides the framework, in effect the hardware, but it is also vitally important that we have the most effective software.

Debate interrupted.

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