Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

I give notice that on the next day of sitting I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023

Economic Inclusion Advisory Committee Bill 2023

Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023.

I also table statements of reasons justifying the need for the bills to be considered during these sittings and seek leave to have the statements incorporated into Hansard.

Leave granted.

The statement s read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE

COUNTER-TERRORISM LEGISLATION AMENDMENT (PROHIBITED HATE SYMBOLS AND OTHER MEASURES) BILL 2023

Purpose of the Bill

The Bill would amend the Criminal Code Act 1995 (Criminal Code) to enhance the fitness-for-purpose of Australia's counter-terrorism laws in light of the evolving threat environment, particularly the threat of ideologically motivated violent extremism. The Bill would criminalise the public display and trade of Nazi and terrorist organisation symbols, the public performance of the Nazi salute and the use of a carriage service to deal with violent extremist material; expand the advocating terrorism offence in section 80.2C to include instructing on the doing of a terrorist act and praising the doing of a terrorist act in specified circumstances; increase the maximum penalty for the advocating terrorism offence from five to seven years' imprisonment; and extend the duration of terrorist organisation listings. Consequential amendments to other Commonwealth Acts are also included in the Bill to give effect to these reforms.

Reasons for Urgency

Current legislative settings need to be urgently refined to respond to the complex motivations, strategies and tactics of ideologically motivated violent extremists, including nationalist and racist extremists, who, intelligence agencies advise, pose a real and current threat to the community. The Director-General of the Australian Security Intelligence Organisation expressed in his annual threat assessment on 21 February 2023 that "the reach of extremist content displayed in public and online means individuals are radicalising very quickly—in days and weeks—so the time between 'flash to bang' is shorter than ever". As attacks can occur with little to no warning and can be difficult to detect, it is critical that law enforcement is able to intervene at an early stage to prevent radicalisation, violence and activities that may incite them.

Australia's legal frameworks must be fit-for-purpose to ensure the community is resilient to these kinds of contemporary and emerging terrorist and violent extremist threats. Urgent reform is necessary to address the risk that those seeking to radicalise others will exploit further opportunities to mobilise vulnerable Australians to violence. The Bill would make critical changes to current legal settings to expand the ability of law enforcement to manage this risk and protect the community from those planning, preparing and inspiring others to do harm.

The proposed offences prohibiting the public display and trade of Nazi and terrorist organisation symbols, the public performance of the Nazi salute, and the use of a carriage service to deal with violent extremist material, are urgently required to provide law enforcement and prosecutorial agencies with more options to address new and evolving threats. They would ensure that law enforcement can intervene at an earlier stage in individuals' progress to violent radicalisation and provide greater opportunity for rehabilitation and disruption of violent extremist networks.

Intelligence and law enforcement agencies have advised that the promotion and idealisation of extremist views is of increasing concern, particularly with respect to young people being radicalised online. Urgently expanding the advocating terrorism offence in response to this concern is appropriate given the vulnerability of Australian young people and the seriousness of the harm radicalised individuals may cause.

Urgent passage of these reforms would ensure law enforcement agencies can disrupt activities, including the radicalisation of individuals to violence, that are currently causing serious offence to Australia's community values and endangering the public.

(Circulated by authority of the Attorney-General)

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE    

IN THE 2023 SPRING SITTINGS

ECONOMIC INCLUSION ADVISORY COMMITTEE BILL 2023

Purpose of the Bill

The Bill will establish the independent Economic Inclusion Advisory Committee (the Committee) as a statutory body to provide advice to Government (through the Minister for Social Services and the Treasurer) on economic inclusion including policy settings, systems and structures, and the adequacy, effectiveness and sustainability of income support payments ahead of every Federal Budget.

Reasons for Urgency

The Government has committed to establishing the Committee as a statutory body by the end of 2023.

(Circulated by authority of the Minister for Social Services)

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE    

IN THE 2023 SPRING SITTINGS

MIGRATION AMENDMENT (BRIDGING VISA CONDITIONS AND OTHER MEASURES) BILL 2023

Purpose of the Bill

The purpose of the Bill is to amend the Migration Act 1958 to ensure that non-citizens released from immigration detention following the decision of the High Court in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (S28/2003) on 8 November 2023 continue to be subject to appropriate visa conditions on any bridging visa granted to them following their release.

The Bill will introduce new criminal offences (with mandatory minimum sentences) that can apply to Subclass 070 (Bridging (Removal Pending)) visa (BVR) holders if they breach the requirements of a visa condition of any of the following kinds:

The Bill will also introduce a new criminal offence (with a mandatory minimum sentence) applying to BVR holders who have been convicted of an offence involving violence or sexual assault who are subject to a visa condition requiring that the person not contact the victim of an offence or their family.

The Bill will also provide authorised officers, including state and territory officials and contracted service providers, with clearer powers in relation to electronic monitoring. This will ensure that there is an ability to install, use and maintain electronic monitoring devices and monitor persons subject to monitoring. The Bill will also enable authorised officers to collect, use and disclose information for specific purposes.

Reasons for Urgency

The Bill requires urgent passage in the 2023 Spring sittings following the High Court's decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (S28/2003). The amendments of the Migration Act 1958 are necessary to support the effective management of non-citizens released from immigration detention following this decision.

(Circulated by authority of the Minister for Immigration, Citizenship and Multicultural Affairs)