James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Hansard source

I rise to make a contribution on behalf of the coalition to the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. On 5 August 2024, the Director-General of ASIO returned Australia's national terrorism threat level from 'possible' to 'probable'. The Director-General stated that politically-motivated violence, of which terrorism is an element, had now joined espionage and foreign interference as one of our principal security concerns.

The Director-General's warning was a sobering reminder that we live in precarious times. And, unfortunately, that comes as no surprise. Increasing social division and threats of violence in our communities have escalated dramatically since the 7 October attacks by Hamas on Israel. We've seen teenagers charged with offences that police allege are motivated by terrorism; a shocking increase in antisemitism; and some individuals even proudly displaying symbols of terrorist organisations on the streets of our cities, in contravention of the prohibited hate-symbols legislation that the parliament passed last year.

This bill is a straightforward proposal to extend for a further three years the declared area offence in section 119.2 of the Criminal Code Act that is currently scheduled to sunset on 7 September 2024. The bill would also provide that section 119.3 of the Criminal Code Act, the provision under which the minister for foreign affairs can declare an area for the purpose of the offence in section 119.2, ceases to have effect on 7 September 2027.

Introduced by the former coalition government as part of the foreign fighters counter-terrorism legislation amendments in 2014, the declared areas offence fulfils a crucial role in the disruption and prosecution of returning foreign terrorist fighters and their associates. The legislation allows for the prosecution of suspected terrorists in circumstances where it is challenging to collect evidence relating to the intention elements of more serious terrorism offences, including in conflict zones. Where there is a declared area—declared by the minister for foreign affairs—it is an offence to enter or remain in that area without a legitimate reason. A declared area is a place where terrorist organisations are engaging in hostile activity. There are very few legitimate reasons for entering these areas, and the offence recognises this by providing targeted exemptions. There have been only two declarations made using these provisions to date: Mosul district in Iraq in 2018 and the al-Raqqa province in Syria in 2014. Four Australians have been charged under the declared area offences.

There was a significant reduction in Australians travelling to Syria and Iraq in that conflict zone in the ISIS period after these declarations were made. The provisions likely discouraged people who might have otherwise considered entering Mosul or al-Raqqa while their respective declarations were in effect and discouraged parents from taking their children into those areas. Declarations have only been used in the context of the Islamic State because, until recently, this has been the only conflict since the commencement of the declared areas framework which warranted the use of that power. However, the framework was designed in such a way that it could be used in response to current and future conflicts. In the wake of the October 7 attacks, we have seen Hizballah continuing to escalate cross-border attacks against Israel while they refuse to withdraw north of the Litani River as required under the unanimous United Nations Security Council Resolution 1701, which was passed in 2006.

As the threat of escalation looms, the coalition has previously called on the government to discourage Australians from going to Lebanon to engage in hostilities by declaring the area in Southern Lebanon to make it an offence to enter or remain in that area without a legitimate reason. I'd like to reiterate that call today. We must not wait for an outbreak in war to take decisive action to deter Australians from travelling to Hizballah strongholds in Southern Lebanon and taking up arms against Israel. The coalition, of course, will always support sensible changes which ensure our legislation is fit for purpose to enable our intelligence and law enforcement agencies to protect Australians from terrorism, which is why we'll be supporting the passage of this bill.

But the passage of these laws is not just something to be done for effect. It is not to be done just for the laws to sit on a shelf and be admired; they are there to be used. If the government is not willing to use powers like these, granted to it by the parliament, then there is a very real risk that Australians will continue to travel to conflict areas including Southern Lebanon. It is highly significant that the Parliamentary Joint Committee on Intelligence and Security in a bipartisan, unanimous report encouraged the government to seek advice from our security agencies about whether or not the region of Southern Lebanon, south of the Litani River, should be a declared area for the purposes of these powers. The government has been very clear for some time in travel advice through the Department of Foreign Affairs and Trade that Australians should not be travelling to Lebanon at all, let alone Southern Lebanon. They have been urging Australians to leave.

Unfortunately, we know based on media reports that there are many Australians in Lebanon who have not followed that advice. Tragically, two Australians have been killed in Southern Lebanon in an Israeli strike against Hizballah. One of those appeared to be a long-term resident of Southern Lebanon, an Australian citizen who was associated with Hizballah, and another appeared to be an innocent Australian visiting family in the region.

We do not want to see anymore Australians killed if conflict does escalate in Southern Lebanon. We do not want to see any further Australians travelling, particularly to Southern Lebanon, where they put themselves at grave risk of being in the crossfire of any conflict between the IDF and Hizballah, which threatens to escalate at any moment. So we again call on the government to very carefully consider whether or not these powers should be used as a means of deterring Australians from travelling and being in this region. There is no good reason to be in Southern Lebanon right now. No Australian should travel there. The Albanese government should use the powers that the parliament is now shortly about to extend for them to discourage Australians from putting their lives at risk and going to that region.