Russell Matheson (Macarthur, Liberal Party) Share this | Hansard source

Today I rise to speak on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. This bill, above all else, is about ensuring the safety of all Australians, including those I represent in Macarthur. Put simply, this bill ensures that terrorists convicted here in Australia can be removed and dual nationals committing terrorist atrocities overseas cannot return to Australian soil. The government believe that taking away a person's citizenship is the appropriate action to reduce the possibility of them taking part in conduct that could harm Australians or Australian interests. We believe that a person who chooses to be part of a terrorist organisation is demonstrating an ultimate rejection of their allegiance to Australia.

Residents in my electorate know that Australian citizenship is something to be treasured. Every month I witness hundreds of locals becoming Australian citizens in special ceremonies across Campbelltown, Camden, Wollondilly and Liverpool councils. It is something that is highly valued in my community and an honour for those becoming citizens and their families. By becoming Australian citizens, those residents in Macarthur are making a strong commitment to this country, its people and the democratic rights and privileges that come with being an Australian citizen. In my 20 years on Campbelltown Council and my time as the member for Macarthur I have been to hundreds of these ceremonies, and I can tell you the decision to become an Australian citizen is held in very high regard in my community and is not something that is taken lightly. Macarthur has a rich migrant history, one that we are very proud of. My community has embraced families from all over the world, and we celebrate those who make the decision to make Macarthur their new home and become Australian citizens.

Dual citizens are highly respected and valued in our community and can be found teaching in our local schools, working in local hospitals and universities, studying at the University of Western Sydney medical campus, working tirelessly in our disability sector and as the owners of many successful small businesses in my electorate. These are good, hardworking people who respect and embrace the rights and responsibilities that come with being an Australian citizen.

The people of Macarthur understand and appreciate the responsibility of this parliament to ensure the safety of our nation and to protect its citizens. The majority of people I have spoken to understand why these laws need to be changed to respond to the emerging threat of terrorism in this country and around the world. It is the responsibility of this government to ensure that terrorists who are dual nationals are prevented from returning to Australia. It is also our responsibility to ensure dual nationals who engage in terrorism on Australian soil can be removed where possible. As stated by the Minister for Immigration and Border Protection, the intention of this bill is to ensure the protection of the Australian community and the upholding of its values, rather than punishing people for terrorist or hostile acts.

Currently under the Citizenship Act a conviction for a specified offence is required before a person's citizenship can be revoked. The power to revoke only arises if the offence was committed prior to the minister giving the approval for the citizenship application or the offence was committed in relation to the person's application to become an Australian citizen. These existing revocation powers are inadequate to address concerns in regards to persons who have acted contrary to their allegiance to Australia through their engagement in terrorism related conduct.

Sadly, the world has become a very different place to the one we once knew. Recently, we have watched on in horror as innocent people have lost their lives under the most horrific circumstances both here in Australia and abroad. Australians now face a heightened and complex security environment and it is a sad fact that some of the most imminent threats to the security of our nation and the safety of the Australian people come from citizens engaged in terrorism.

The Review of Australia's counter-terrorism machinery for a safer Australia, published in January this year, states that the threat of terrorism in Australia is rising and is becoming harder to combat. The document also states that there is an increasing number of Australians joining extremist groups overseas; there is an increasing number of potential terrorist supporters and sympathisers in our community; there is now an intergenerational dimension, with the families of known terrorists increasingly radicalised and involved; the international forces driving terrorist ideology and capabilities are stronger; and extremist narratives have increasing appeal in the Australian community. These alarming facts are just some of the reasons why it has become the responsibility of this parliament to change these laws and respond to current threats. The world has changed, so our laws should change accordingly.

I believe that this bill highlights the rights and responsibilities that come with dual citizenship. Those who do not respect these rights and responsibilities and choose to take part in conduct that is incompatible with the safety and values of the Australian people will be affected by this bill and the amendments. The bill ensures that terrorists convicted here in Australia can be removed and dual nationals who have committed terrorist atrocities overseas cannot come back.

Many stakeholders were consulted on the measures in this bill, including the Department of the Prime Minister and Cabinet, the Attorney-General's Department, the Australian Security Intelligence Organisation, the Department of Foreign Affairs and Trade, the Australian Federal Police and the Australian Defence Force. A range of organisations and individuals also provided submissions to the Parliamentary Joint Committee on Intelligence and Security inquiry. I would like to thank this bipartisan committee and its chair, the member for Wannon, for the hard work on its report, which made 27 recommendations for amendments to the bill and the explanatory memorandum. I also welcome the member for Makin's comments in relation to the member for Isaacs' significant contribution. The committee recommended that this legislation be passed, and stated at the end of its report:

The Committee supports the policy intention of the Bill to help protect the community from persons who have clearly renounced their allegiance to Australia by engaging in serious terrorism-related acts that harm Australians or Australian interests.

Ultimately this bill will help strengthen our ability to counter home-grown terrorist activity and make our communities safer.

This bill applies to dual citizens regardless of how a person became an Australian citizen, including a person who is an Australian citizen by birth. It only applies to dual citizens who are nationals or citizens of a country other than Australia, so they will not be rendered stateless if their Australian citizenship were to cease. The bill provides three ways in which a person who is a national or a citizen of a country other than Australia can cease to be an Australian citizen. These include renunciation by conduct under proposed section 33AA, service outside Australia in the armed forces of an enemy country or a declared terrorist organisation, and conviction for terrorism offences and certain other terrorist-related offences.

As part of this bill, a person who is aged 14 years or older who is a national or citizen of a country other than Australia will renounce their Australian citizenship if they act inconsistently with their allegiance to Australia by engaging in specified terrorist-related conduct. Terrorist-related conduct includes engaging in international terrorist activities, using explosive or lethal devices; engaging in a terrorist act; providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act; directing the activities of a terrorist organisation; recruiting for a terrorist organisation; financing terrorism or a terrorist; or engaging in foreign invasions and recruitment. A person who renounces their Australian citizenship under this section will cease to be an Australian citizen immediately they engage in such conduct. Also, as part of this bill, those who serve in the armed forces of an enemy country or declared terrorist organisation will also be stripped of their citizenship. This will take place immediately a person begins to serve in the armed forces or fights as part of a declared terrorist organisation.

It is important to note that a person will not be considered part of a declared terrorist organisation if their actions are unintentional, they are acting under duress or force, or they are providing neutral and independent humanitarian assistance. Also, before the minister declares an organisation to be a terrorist organisation, the organisation must be listed by the Australian government under the Criminal Code regulations. The minister must be satisfied on reasonable grounds that the organisation is directly or indirectly engaged in preparing, planning, assisting in or fostering a terrorist act, or that it supports a terrorist act and is opposed to Australia or Australia's interests, values, democratic beliefs, rights and liberties. If a person were to be in the service of such an organisation, they would be acting inconsistently with their allegiance to Australia. A declaration by the minister of a declared terrorist organisation is also reviewable by the Parliamentary Joint Committee on Intelligence and Security. The conduct provisions outlined in the bill do not apply to Australian law enforcement or intelligence bodies, or the Australian Defence Force in the proper performance of the functions of those organisations.

As part of these amendments the minister may also determine in writing that a person ceases to be an Australian citizen if they have been convicted of a specified terrorist-related offence and the person is sentenced to at least six years imprisonment. Before the minister can make this determination, he or she must be satisfied that the conduct of the person to which the conviction relates demonstrates that the person has rejected their allegiance to Australia and that it is not in the public interest for the person to remain an Australian citizen. The minister must also take into account the severity of the conduct that was the basis of the conviction or sentence, the degree of threat posed by the person to the Australian community, the person's connection to the other country that they are a citizen of and their rights in that country, Australia's international relations and any other matters of public interest. The age of the person will also be taken into account, with the best interests of a child under 18 being a primary consideration. No part of the bill applies to a child aged less than 10 years. The conduct based provisions of the bill also do not apply to conduct by a child aged over 10 years and under the age of 14 years. In relation to the conviction based provisions of the bill, a child over the age of 10 years and under the age of 14 years can only be criminally responsible for an offence if the child knows that his or her conduct is wrong.

As part of this bill, notice will be given to the person losing their citizenship as soon as practicably possible, except where the minister believes that giving notice could affect the security, defence or international relations of Australia. In this case the minister will have regard to the severity of the matter, the degree of the threat this person poses to the Australian community, the person's age, the likelihood of persecution, the person's connection to the other country of which they are a citizen and their rights in that country, and Australia's international relations. This bill also prevents a person from reobtaining Australian citizenship unless the minister revokes the notice, or the loss of citizenship is overturned by a court. In such cases it will be as if the person had never lost their citizenship in the first place.

This bill is an important aspect of this government's multifaceted approach to threats to national security. We recognise that Australia is not exempt from the emerging threat of terrorism that we have seen in recent weeks across the globe. We are working closely with the Australian Federal Police and the state and territory police forces to ensure the safety of all Australians. Counter-terrorism units have prevented several potential terrorist attacks on Australia in recent times. The New South Wales police have also upgraded their response policy to 'shoot first' from 'contain and negotiate'.

I was in the New South Wales Police Force for nearly 25 years. While I understand the daily risks taken by men and women in our police force, I cannot comprehend the new risks that these brave men and women must face with the emerging terror threat in our country. It is important that this parliament does everything that it can to not only support the police force in their battle on the ground against terror but also update our laws and legislation, to stop those involved in these horrific acts and protect our communities. We must modernise our current laws to recognise that threats to our country and democratic values are no longer just from other nation states. These new powers will apply to dual citizens who fight on behalf of, or are in the service of, groups such as ISIL and Daesh.

It is so important to reiterate that this bill, more than anything, is about making the Australian community safer. It achieves that by ensuring that terrorists convicted here can be removed and that dual nationals committing terrorist atrocities overseas cannot come back. To be a citizen of this country is a privilege not a right. The explanatory memorandum for this bill states that:

Australia's values, democratic beliefs, rights or liberties are the uniting characteristics for Australian citizenship. These characteristics are expressly included in the pledge of commitment as citizen of Australia. Therefore, where a person fights with a terrorist organisation that is opposed to Australia or to any of Australia's values, democratic beliefs, rights or liberties, the person has evidently repudiated their allegiance to Australia.

I wholeheartedly agree. That is why I stand here today—because the people of Macarthur and the people of Australia need a government that will take responsibility for their safety. We must ensure that our laws and legislation change to keep up with the risks and changes happening in the world today.

I am deeply saddened whenever I hear the news of terrorist attacks on innocent human lives. I would like to extend my condolences to all who have lost loved ones as a result of terrorism in this country and overseas. The people of Macarthur stand united in their prayers for humanity and their prayers for peace. They do not want to see any more lives lost at the hands of these terrorists and neither do I. That is why the work of this government, our law enforcement agencies and the Australian Defence Force is more important than ever to stop such atrocities on Australian soil and to ensure a safe environment for our communities.

I have two lovely daughters. I hope that one day soon I will have some grandchildren. I want them to grow up in a country that is safe from the threat of terrorism and the barbaric actions of these terrorist organisations. I know that there are many individuals and families across Macarthur who feel the same way. Now more than ever we need action; we need to do everything in our power to protect our communities and the Australian way of life. That is why I stand here today and commend this bill to the House.

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