George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

I move government amendment (33):

(33) Schedule 1, item 109, page 76 (after line 17), after subsection 106.5(4), insert:

  (4A) Section 104.23, as amended by Schedule 1 to the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies to variations of control orders, where the relevant interim control order is requested after that commencement.

This is an application provision. It provides that the amendments to section 104.23 of the Criminal Code, which authorise the Australian Federal Police commissioner to seek a variation of a control order on any of the grounds for requesting a control order, include the new foreign-fighting and terrorism conviction grounds. The effect of the application provision is to ensure that the ability to vary a control order applies only to a control order requested after the bill comes into operation.

Question agreed to.

by leave—I move government amendments (34) to (39) together:

(34) Schedule 1, item 110, page 77 (line 23) to page 78 (line 14), omit the definition of engage in a hostile activity in subsection 117.1(1), substitute:

  engage in a hostile activity: a person engages in a hostile activity in a foreign country if the person engages in conduct in that country with the intention of achieving one or more of the following objectives (whether or not such an objective is achieved):

  (a) the overthrow by force or violence of the government of that or any other foreign country (or of a part of that or any other foreign country);

  (b) the engagement, by that or any other person, in action that:

     (i) falls within subsection 100.1(2) but does not fall within subsection 100.1(3); and

     (ii) if engaged in in Australia, would constitute a serious offence;

(c) intimidating the public or a section of the public of that or any other foreign country;

  (d) causing the death of, or bodily injury to, a person who is the head of state of that or any other foreign country, or holds, or performs any of the duties of, a public office of that or any other foreign country (or of a part of that or any other foreign country);

(e) unlawfully destroying or damaging any real or personal property belonging to the government of that or any other foreign country (or of a part of that or any other foreign country).

(35) Schedule 1, item 110, page 78 (lines 15 and 16), omit the definition of engagein subverting society in subsection 117.1(1).

(36) Schedule 1, item 110, page 78 (after line 31), after the definition of recruit in subsection 117.1(1), insert:

  serious offence means an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for 2 years or more.

(37) Schedule 1, item 110, page 79 (lines 8 and 9), omit paragraph 117.1(2)(b), substitute:

  (b) the engagement, in Australia or a foreign country allied or associated with Australia, in action that falls within subsection 100.1(2) but does not fall within subsection 100.1(3); or

(38) Schedule 1, item 110, page 79 (line 12), after "relations", insert "(within the meaning of section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004)".

(39) Schedule 1, item 110, page 79 (line 13) to page 80 (line 7), omit subsections 117.1(3) and (4).

Amendments (34) to (39) implement recommendations 15 and 16 of the Parliamentary Joint Committee on Intelligence and Security by replacing the phrase 'engages in subverting society,' which is one of the elements of the definition of 'engage in hostile activity,' with a cross-reference to the conduct contained in the definition of 'terrorist act' in section 100.1 of the Criminal Code. These amendments also constrain that element to conduct that would be a serious offence—one that carries at least two years imprisonment if undertaken within Australia. The two-year threshold is consistent with the definition of 'serious offence' in section 3C of the Crimes Act.

Question agreed to.