David Bushby (Tasmania, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the report on the review of the relisting of Boko Haram and Islamic State under the Criminal Code and the report on the review of the declaration of Jabhat al-Nusra as a terrorist organisation under the Australian Citizenship Act 2007, and I seek leave to move a motion in relation to the reports.

Leave granted.

I move:

That the Senate take note of the reports.

I'm pleased to present the committee's reports on the relisting of Boko Haram and Islamic State as terrorist organisations under the Criminal Code and the declaration of Jabhat al-Nusra as a terrorist organisation under the Australian Citizenship Act 2007. Under the Criminal Code it is an offence to direct the activities of, be a member of, associate with, or conduct a range of activities in support of a listed terrorist organisation. The Criminal Code enables the committee to review all listings of terrorist organisations and report its findings to the parliament within the 15-day disallowance period.

In conducting its review, the committee held a private hearing with ASIO and the Attorney-General's Department and carefully reviewed the listings with reference to both the procedures followed by the government and to the merits of the listings themselves. The committee was satisfied that appropriate processes had been followed and that Boko Haram and Islamic State, two of the most bloodthirsty terrorist organisations operating in the world today, continue to meet the relevant thresholds to be listed as terrorist organisations. The committee therefore supports the relisting of both organisations and finds no reason to disallow the legislative instruments.

The PJCIS has a similar review power under the Citizenship Act that provides for dual citizens aged over 14 years to lose their Australian citizenship if they engage in certain conduct on behalf of a declared terrorist organisation. The Minister for Immigration and Border Protection's declaration of Jabhat al-Nusra in July 2017 was the second to have taken place under the provisions, with the first being Islamic State in May 2016.

As part of its review of the declaration, the committee held a private hearing with ASIO, the Attorney-General's Department and the Department of Immigration and Border Protection. The committee was satisfied that Jabhat al-Nusra, which is already a listed terrorist organisation, is opposed to Australia and Australia's interests, values, democratic beliefs, rights and liberties, so that, if a person were to fight for or be in the service of the organisation, the person would be acting inconsistently with their allegiance to Australia. The committee therefore supports the declaration and finds no reason to disallow the legislative instrument. I commend the reports to the Senate.

Question agreed to.