Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

My question is to the Attorney-General, Senator Brandis. The key offence provisions of the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014, including the offence of entering or remaining in a declared area came into force on Monday, 1 December. Can the Attorney-General update the Senate on what the government is doing to address the threat from foreign fighters and to keep Australians safe from terrorism?

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

Thank you very much indeed, Senator Back, and I know you take a very deep interest in this important area. As you rightly say, on Monday the new offence under section 119 of the Commonwealth Criminal Code did come into force, making it a crime to enter or remain in a declared area where terrorist organisations are engaged in hostile activities.

The declared area offence was a key provision in the foreign fighters bill to act as a deterrent and send a strong message to Australians who may wish to fight with terrorist organisations. Despite recent gains against ISIL in Syria and northern Iraq, the threat posed by foreign fighters returning to Australia remains the most-pressing matter of national security we face at the moment.

The government has not delayed in using this important enforcement and deterrence tool. This morning the foreign minister declared the Syrian province of Al-Raqqa under section 119.3 of the criminal code, meaning that it will be an offence to be in this area without a legitimate purpose such as a bona fide visit to family members. Al-Raqqa serves as the de facto capital of ISIL, one of the world's most deadly and active terrorist organisations. ISIL uses terrorist attacks extensively against civilians. This includes frequent mass casualty attacks; rape and enslavement of women; mass executions, including beheadings; and other atrocities. ISIL boasts of these atrocities through videos and magazines depicting these violent acts. There is more to do. Consideration is being given at the moment to declaring further areas where ISIL is heavily engaged in hostile activities under section 119 of the Criminal Code:

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I thank the Attorney-General for the answer. Can he inform the Senate on the declaration process.

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

Yes, Senator Back, I can. Under section 119.3 of the Criminal Code, the foreign minister made it clear an area where she is satisfied that a listed terrorist organisation is engaged in hostile activity in that particular area. The minister's decision is based on the expert advice and recommendation of our national security agencies. While classified intelligence plays a critical role, information supporting the declaration will, to the greatest extent possible, be based on unclassified material to enable it to be made public and provide important transparency about any such decision. Consistent with the requirements of the legislation, the Leader of the Opposition was briefed in relation to the proposed declaration. I take the opportunity, once again, to thank the opposition for its bipartisan support of this important provision.

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

) ( ): Mr President, I ask a further supplementary question. Attorney-General, how will the government ensure that the community is made aware of the foreign minister's declaration on Al-Raqqa?

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

Senator Back, beyond consultation across government and opposition stakeholders, a range of notification processes will be used to ensure the information is disseminated as broadly as possible and the area covered by the declaration is readily identifiable by the public. This will include publication in the Gazette, the issue of a media release, publication on the government's national security website, and updated travel advice on the Smartraveller website. Consultation with the community on this matter and on broader issues to counter radicalisation is, of course, critical to the government's a counter-terrorism response. As I have said many times before, community leaders are our partners and key allies in eradicating the problem of those who would lure their young men and women along a path to violence and ultimately self-destruction. The judicious use of section 119.3 of the Criminal Code is one of the several tools at the government's disposal, which we will use to achieve that end.