House debates

Tuesday, 24 November 2015

Bills

Australian Citizenship Amendment (Allegiance to Australia) Bill 2015; Second Reading

5:59 pm

Photo of Ken WyattKen Wyatt (Hasluck, Liberal Party, Assistant Minister for Health) Share this | Hansard source

It is with a great sense of duty that I rise to speak in support of the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. This is a very important piece of legislation. Citizenship goes to the heart of the Australian social contract. The values which define what it means to be a citizen are the bedrock on which our society is structured. Equality of men and women under the law, regardless of race, religion or ethnic background; freedom of speech, association and religion; and support for parliamentary democracy and the rule of law are what have made Australia the shining beacon that it is in the world today. These values—and, thus, citizenship—are things which we should always treasure.

There are, however, some amongst us—fellow citizens—who disagree with these values and seek to take up arms at home and abroad against us. It is these few that this amendment seeks to address. We live in a world much changed from that of 1948, when the Australian parliament first promulgated the Nationality and Citizenship Act, including within it a clause cancelling the citizenship of any person fighting in the service of an enemy of this country. In 2015, many of our enemies do not wear uniforms or fight under the flag of anything which we would recognise as a nation state. The ongoing conflicts which we have been engaged in over the past decade and a half—first against al-Qaeda and now against ISIS—are testament to that. Instead, today we face a threat that transcends borders and threatens to affect us here at home and abroad, as seen, tragically, in France two weeks ago. The threat from terrorism in Australia is rising. Our security agencies are currently dealing with over 400 high-priority counter-terrorism investigations—a doubling since early 2014. In just the last 14 months, 26 people have been charged with terrorist offences—more than one-third of all charges since 2001. It saddens me to say that there are currently more than 100 Australians fighting or serving in terrorist groups in Syria or Iraq. Like any military force, they have an even larger logistics network, with over 200 people in Australia enabling the work of ISIS and al-Qaeda in Syria and Iraq by either financing and recruitment or seeking to travel there.

There is a longstanding provision in the act that someone who serves as part of an armed force of an enemy state and takes up arms against Australia could lose their citizenship. In a modern world, where the wars we fight are no longer between states, this provision needs updating. It must be said that supporting and engaging in terrorist activities against Australia's interests is a breach of a person's commitment and allegiance to our country, which is no different to taking up arms in the service of a country at war with our own. In this light, the new powers in this bill are a necessary, measured and appropriate response to the terrorist threat. More than anything, this bill is about making the Australian community safer. It is achieving that by ensuring that terrorists who are convicted here can be removed and terrorists who commit atrocities overseas cannot return to do the same here. I, for one, will never apologise for putting the security and safety of the people of my electorate, and of all fellow Australians, first.

This bill comes as part of a long line of legislation this government has introduced to parliament to ensure the safety of Australian citizens. Last year, we introduced the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014, which has allowed us to curb the flow of fighters from Australia to Iraq and Syria and has strengthened our ability to combat terrorism at home. Another example is the Migration and Maritime Powers Amendment Bill (No. 1) 2015, through which we have revoked the visas of hardened criminals and bikie gang associates—people who, by their own actions, have lost the privilege of being part of Australian society.

As such, this legislation provides three ways in which a dual national can cease to be an Australian citizen. The first, section 33AA, is a new provision whereby a person aged 14 or older renounces their citizenship if they act inconsistently with their allegiance to Australia by engaging in specified terrorist related conduct. Such conduct includes: engaging in international terrorist activities using explosive or lethal devices; engaging in a terrorist act; providing or receiving training connected with the preparation for, engagement in or assistance with a terrorist act; directing the activities of a terrorist organisation; recruiting for a terrorist organisation; financing terrorism; financing a terrorist; and engaging in foreign incursions and recruitment. The second element extends the provision that already permits the automatic loss of citizenship for a person serving in the armed forces of a country at war with Australia to include those persons fighting for, or in the service of, a declared terrorist organisation. This provision has been in force since 1949. Under the third element of the bill, a person ceases to be an Australian citizen if they have been convicted of a specified terrorist related offence and are sentenced to a period or periods of imprisonment that total at least six years. This provision is not automatic, and recourse to judicial review is available for those determined to have engaged in the conduct that repudiates their allegiance to Australia.

As stated, these provisions will only apply to those who are dual nationals and meet Australia's international obligations not to render a person stateless. Those who engage in terrorism are betraying their allegiance to this country and do not deserve to count themselves as some of its citizens. This bill is also retrospective in nature, which I strongly support. As my colleague the member for Cowan has noted, by applying these laws to those who have been convicted of terrorist acts over the previous decade, it provides the opportunity to deal with terrorists such as Abdul Benbrika. For the benefit of the House, Mr Benbrika was convicted in 2008 for leading a terrorist group that planned attacks in Melbourne, targeting the Crown casino and the MCG. This was someone who was granted the privilege of Australian citizenship in 1998, only to turn around a decade later and plot to murder his fellow citizens in the most horrific manner possible. This is someone who, by his own actions, has lost the right to call himself Australian.

I have often wondered at those who have come to Australia—a country which is one of the happiest, healthiest and most productive in the world, in no small part due to the values on which it is based—and wish to change those values to be more akin to those with which they are familiar. As Prime Minister Turnbull has said, there is a great, glorious world out there. If    you have made the decision that you prefer another part of it then that is your decision. Having made that decision, however, you must be willing to live with the consequences. Any person willing to go and fight for an organisation like ISIS, who bears our great nation ill will, should understand that doing so will cost them the right to call themselves Australian.

The people of Hasluck—some of whom are recent arrivals to this country, who have come here seeking a better life for themselves and for their families—certainly understand what that right is to call themselves Australian and what it is worth.    They understand the need to keep Australia safe from those who would do us harm. Equally, these new citizens, migrants from all over the world who have chosen to become part of our great country, understand the obligations that come with being an Australian citizen. They understand that becoming part of the Australian nation involves adopting our values and that with the rights and privileges afforded to citizens come reciprocal bonds and obligations as well.

This bill is just one of many efforts the coalition has made since coming into office two years ago to counter the threat of violent extremism and to ensure our law enforcement, security and intelligence agencies have the tools they need to disrupt and respond to the terrorist threat.    In the last year alone, the government has invested an additional $1.3 billion to support Australia's efforts in combating terrorism, including $450 million to strengthen intelligence capabilities and counter extremist messaging and $152 million to strengthen our border security against terrorism and criminal networks.

Equally, however, we are focusing on the root of the problem, not just its enforcement. We are putting huge resources into combating violent extremism and trying to prevent extremist groups from targeting young Australians for recruitment. We have a four-pronged approach. First, we are working to maintain the strong, multicultural society which we have built as a community and as a nation. Second, we are helping community institutions combat violent extremist ideology where it emerges. Third, we are challenging and undermining the appeal of terrorist propaganda, especially online.    And, lastly, we are directly intervening to divert individuals away from violent extremist views. These are not just words. We are backing them with real action. The Australian government has committed $660 million over four years in the 2015-16 federal budget for initiatives that encourage positive settlement, social harmony and integration in our multicultural communities. These include the government's combating terrorist propaganda online initiative, which is receiving almost $22 million over four years to challenge extremist narratives and reduce access to extremist material online. We are working in partnership with private sector companies such as Facebook, Twitter and Google, on whose platforms these terrorists depend. The coalition makes no apology for taking a hardline stance when it comes to the safety and security of Australians.

This government is determined to protect Australians from those who choose to fight, at home or abroad, in the service of terrorist organisations who wish to extinguish the values on which this country was founded. We make no apologies for that. We will not provide succour or refuge to those who wish us harm. We will not defend those who have taken up arms against us. And I personally make no apologies for taking a hardline stance when it comes to the safety and security of constituents in my electorate of Hasluck. When I reflect on the postwar periods of World War I and World War II, I see the incredible contribution that so many people from across the seas have made to developing what we value—the values of this nation—and the communities that hold us in good stead. They have contributed to building a nation that is strong and that has prospered. They have contributed to the wealth of food and the diversity of ideas and thinking.

The contributions that so many have made to making this nation great is always valued, and what we value we do not wish to lose. Therefore, it is important that, in our deliberations and considerations in this chamber and in the other, we ensure that the safety of all Australians is paramount in our minds. The way of life that we have enjoyed over the building of this great country will always be cherished, and we should never diminish its opportunity to continue to expand and grow and to welcome those who come from overseas to become part of the family. When you marry into a family you become as one. You share common values. You work to make it a greater partnership. You build on the firmness of the foundation that is there and you welcome those who come within your sphere of influence. In that context, I commend the bill to the House.

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