Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

The Counter-Terrorism Legislation Amendment Bill (No. 1) 2014 is the third national security bill the government has introduced into this parliament, though it is essentially ancillary to the second—the foreign fighters bill—which passed the parliament with Labor's support on 29 October 2014. This bill, introduced into the parliament the same day, 29 October, contains one measure recommended by the Parliamentary Joint Committee on Intelligence and Security in its report on the foreign fighters bill but which was not able to be legislated in that bill due to a need to consult with states and territories.

The bill also contains three new measures: further changes to the control order scheme, streamlining the process for the AFP to apply to the Attorney-General for consent to seek a control order from an issuing court and expanding control orders to apply to persons involved in supporting or facilitating terrorist activities; also, provision for emergency ministerial authorisation for the activities of the Australian Secret Intelligence Service, or ASIS, the Australian Geospatial-Intelligence Organisation, or AGO, and the Australian Signals Directorate, or ASD; and, lastly, provision for cooperation between ASIS and the Australian Defence Force on military operations. The three new measures were developed in response to operational needs identified by Australia's anti-terror agencies after the foreign fighters bill was introduced into parliament. The government sought to include these measures in the bill without first revealing these measures to the Australian people and without the full scrutiny of the intelligence committee.

It has consistently been Labor's position that all national security legislation should be rigorously examined to make sure that it not only will be effective in protecting our nation but also does not unduly infringe on important rights and freedoms. In keeping with that position, Labor insisted to the government that these new measures be introduced in a separate bill and subjected to public scrutiny and full intelligence committee inquiry. Accordingly, this bill was introduced into the Senate on 29 October and was referred to the Parliamentary Joint Committee on Intelligence and Security. The PJCIS sought submissions, held brief hearings and tabled its report on 20 November. I would like to thank members of the committee for their diligence in producing their report promptly. The committee's inquiry into the bill followed on almost immediately from the two successive inquiries the committee held concerning the first two of the government's national security bills—both of which were very substantial pieces of legislation. I thank the members of the committee and the committee secretariat for their tirelessness in dealing with this third inquiry. I am also grateful to those community organisations and members of the public who participated in the inquiry, many of whom also participated in the two preceding inquiries.

The intelligence committee recommended in its report that the bill be passed, and it made 15 substantive recommendations. Significant recommendations include, first, amendment of the bill to require the AFP to provide the Attorney-General with summary of facts when seeking consent to apply to the court for an interim control order, including any facts indicating why it should not be made; second, retention of the requirement for the AFP to explain to the issuing court each condition in a draft control order. The bill as introduced would only require the AFP to justify the control order as a whole. The third significant recommendation is to shorten periods for notification of the relevant minister where agencies issue emergency authorisations. The fourth recommendation is that the government urgently appoint, again, a new independent national security legislation monitor and task it with reviewing whether recommendations for safeguards on the control order regime recommended by the 2013 COAG review should be implemented; and the fifth recommendation is for a range of oversight measures. Labor has asked the government to implement those recommendations and the government has agreed to do so; accordingly, Labor will support the bill.

The recommendations will improve the accountability and transparency of decision making by national security agencies. The recommendations will also ensure that control order applications are closely and appropriately scrutinised. It is worth remembering that in the amendments to the foreign fighters bill that Labor insisted on, we ensured that the entire control order regime would sunset two years after the next federal election. As I said here when speaking to that bill, control orders are extraordinary and unprecedented measures which were introduced in the mid-2000s in response to the September 11 attacks and the Bali and London bombings. In recognition of their extraordinary nature, the Howard government subjected them to a 10-year sunset period. The Abbott government sought to extend this for a further 10 years. Labor was not satisfied that the case had been made for such a lengthy extension. It is not acceptable that these extraordinary powers could operate for two decades without being properly reviewed by the parliament. Labor will always resource our agencies appropriately to deal with the genuine threats that Australia faces, but we will not abandon scrutiny of agency powers properly considered special or emergency measures.

Importantly, Labor has ensured that these sunset provisions are accompanied by mandatory reviews ahead of time. As amended, the foreign fighters bill provides for statutory review of the control orders regime, among other powers, by both the intelligence committee and the Independent National Security Legislation Monitor. The sunset date and the statutory review which will precede it will ensure that the entirety of the control order regime is again brought before the parliament for its close consideration. That review will necessarily examine the operation of the amendments to the control order regime effected by the current bill.

In its latest report, the intelligence committee has added to this review process by recommending that the government expressly task the monitor with reviewing whether recommendations for safeguards on the control order regime recommended by the 2013 COAG review should be implemented. I note that the office of the Independent National Security Legislation Monitor was created by Labor to review, on an ongoing basis, the operation, effectiveness and implications of Australia's counterterrorism and national security legislation. In carrying out this important oversight role, the monitor assists in maintaining public confidence in our national security agencies.   The monitor's role is particularly relevant in the context of the recent changes to and expansion of our counterterrorism and national security laws, as the monitor is also required to consider whether those laws contain appropriate safeguards for protecting the rights of individuals and that they remain necessary and proportionate to any security threats that our nation faces.

I also note the recommendation by the intelligence committee in its latest report that the government appoint a new monitor to fill that important office, which has been vacant since the expiry of Mr Bret Walker SC's term some seven months ago—which is incredible in itself, given that this is the third significant piece of legislation in this space. Senators may have a sense of deja vu about this recommendation. The intelligence committee recommended in its report on the first bill, the National Security Legislation Amendment Bill (No. 1)—tabled on 17 September—that the government appoint a new monitor 'as soon as practicable'. The intelligence committee repeated itself in its report on the foreign fighters bill, tabled on 17 October, saying the position of monitor should be 'urgently' filled. In its report on the current bill, the committee repeated this recommendation, saying that it was a matter of 'absolute urgency'. Labor is pleased that the government has finally heeded this recommendation and will very shortly announce the appointment of a new monitor. We look forward to the new monitor's contribution at a time of great change in our national security laws.

As I have said here when speaking on the previous two bills, and as the shadow Attorney-General, the member for Isaacs, has said in the other place, Labor approaches national security legislation as a responsible opposition should. Having carefully considered the bill put forward by the government, and having ensured a number of significant improvements to that bill through the intelligence committee inquiry process, Labor has agreed to support the measures being proposed to bolster our national security laws. Here, as previously, Labor has insisted on proper scrutiny. Here, as previously, Labor has worked constructively as an opposition to assist the government in getting the bill right. Here, as previously, Labor is willing to support changes to our national security laws that are necessary and, I stress, proportionate to meet the changing threats that our nation faces. On that basis, I indicate that Labor will be supporting the legislation.