Senate debates

Wednesday, 6 December 2023

Bills

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

6:18 pm

Photo of Claire ChandlerClaire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | | Hansard source

The committee is considering the amendments on sheet 2307 moved by Senator Roberts. The question is that the amendments be agreed to.

6:19 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | | Hansard source

I thank my parliamentary colleagues for their contributions to this debate. All in this chamber should be concerned about the footage of the National Socialist Network marching through Ballarat over the weekend. It is imperative that we look at ways we can address this concerning threat of right-wing extremism. We will work with all in this chamber on ways to address this, including a broad-ranging inquiry.

In response to a bipartisan recommendation of the PJCIS, the government has removed the express reference to the Islamic State flag from the definition of prohibited symbols. This reflects the concerns raised by members of the Muslim community that the shahada and the seal of the prophet have been misappropriated by a terrorist organisation. We will not let a terrorist organisation cause further harm or distress to any in our community. The government thanks members of the Australian Muslim community for their engagement and valuable feedback on this important legislation. I note that the Australian Muslim Advocacy Network welcome the removal of the Islamic State flag from the list of prohibited hate symbols, saying, 'This addressed concerns raised by Australian Muslim organisations.' The government condemns Islamophobia and stands with the Australian Muslim community in opposition to terrorism in all its forms.

This is an historic moment, the first Commonwealth legislation of its kind. The bill will ensure no-one will be allowed to glorify or profit from acts and symbols that celebrate the Nazis and their evil ideology. We should all be proud of this fact. This is a moment when the parliament has come together.

6:20 pm

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

I just have a question for Senator Chisholm about the government not supporting a second reading amendment that basically talked about the need to actually look at the underlying causes of Nazism and not just ban some symbols.

The TEMPORARY CHAIR: Time has, unfortunately, expired, Senator Pocock. That was the time allotted for the debate on the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023. After I have put the question before the chair, I will then put the questions on the remaining stages of the bill. The question is that the amendments moved by Senator Roberts on sheet 2307 be agreed to.

Question negatived.

The TEMPORARY CHAIR: I will first deal with the amendments circulated by the Australian Greens. I understand that earlier today Senator Shoebridge withdrew the amendments on sheet 2313, so I will now deal with the amendments on sheets 2251 and 2280. The first question is that items 3, 4 and 5 of schedule 4 stand as printed.

Australian Greens oppose d schedule 4 in the following terms

SHEET 2251

(2) Schedule 4, items 3 and 4, page 34 (lines 11 to 18), to be opposed.

(4) Schedule 4, item 5, page 34 (lines 21 to 23), to be opposed.

_____

SHEET 2280

(2) Schedule 4, item 5, page 34 (lines 21 to 23), to be opposed.

The TEMPORARY CHAIR (18:26): The question is that items 3, 4 and 5 of schedule 4 stand as printed.

6:28 pm

Photo of Claire ChandlerClaire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | | Hansard source

The question now is that the remaining amendments on sheets 2251 and 2280 be agreed to.

Australian Greens circulated amendments—

SHEET 2251

(1) Schedule 4, item 1, page 34 (lines 5 to 7), omit the item, substitute:

1 Subsection 102.1(1) of the Criminal Code (paragraph (b) of the definition of terrorist organisation )

After "(2),", insert "(2A),".

(3) Schedule 4, page 34 (lines 19 and 20), omit the heading.

_____

SHEET 2280

(1) Schedule 4, page 34 (lines 19 and 20), omit the heading.

The TEMPORARY CHAIR ( 18:33 ): I will now deal with the amendment circulated by the opposition.

6:33 pm

Photo of Andrew McLachlanAndrew McLachlan (SA, Deputy-President) Share this | | Hansard source

The question is that the amendment on sheet 2286 be agreed to.

Opposition's circulated amendment—

(1) Schedule 1, item 5, page 25 (after line 25), at the end of Subdivision CA, add:

80.2N Review of this Subdivision

(1) The Minister must cause a review of the operation of this Subdivision to be undertaken as soon as possible after the end of 2 years after the commencement of this section.

(2) The person undertaking the review must give the Minister a written report of the review.

(3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.