Celia Hammond (Curtin, Liberal Party) Share this | Hansard source

I'm pleased to have the opportunity to speak to this bill, the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021. Australia's national terrorism threat level has been categorised by our security agencies as 'probable' since 2014. This means that there is credible intelligence indicating that individuals and groups have the intent and capability to conduct a terrorist act in Australia. As noted in the explanatory memorandum to this bill, between September 2014, when the threat level was raised, until 13 July 2021 136 people have been charged as a result of 64 counterterrorism related operations around Australia. There have been more than nine attacks and 21 major counterterrorism disruption operations in response to potential attack planning in Australia. Around 120 Australians or former Australians who have travelled to Syria or Iraq are believed to have died and around 50 people have returned to Australia after travelling to Syria or Iraq having joined groups involved in conflict. Further, since 2012 around 230 Australians or former Australians have travelled to Syria or Iraq to fight with, or support, violent extremist groups involved in conflict and around 250 Australian passports have been cancelled or refused in relation to the Syria-Iraq conflict. As at 13 July 2021 around 65 Australians and former Australians in Syria or Iraq have fought with, or were otherwise associated with, religiously motivated violent extremist groups which remain in the region.

According to ASIO, the volatility in the security environment globally is increasing and the threat environment is potentially being exacerbated by COVID-19, in terms of the isolation, the economic downturn and the ability of groups to mobilise in this period. ASIO has publicly noted terrorist hotspots which could see an increase in activity going forward. They have also noted the increasingly diverse nature of attacks, with a shift from primarily large-scale, complex plots by organised networks to small-scale, lone wolf type attacks encouraged by the online proliferation of Islamic State propaganda. ASIO have observed that the subjects of counterterrorism investigations vary in age, gender and ethnicity. Further, ASIO is concerned about the rise of far-right extremist ideologies and are closely monitoring the threat that these pose as they become more cohesive and organised than before. These facts and the development in the threat landscape mean that we need to ensure that our security agencies have effective counterterrorism measures to enable them to disrupt potential attacks and manage the ongoing risks posed by individuals. That is the context in which we must determine whether the measures contained in this bill, and indeed all other security powers we legislate, satisfy the test of reasonableness, necessity and proportionality.

This bill provides for the continuation of key counterterrorism powers that ensure the safety and security of all Australians. These measures are as follows: this bill will extend, for a further three years, the declared areas provisioned in sections 119.2 and 119.3 of the Criminal Code Act 1995 that are scheduled to sunset on 7 September 2021. This bill will also make amendments to the Intelligence Services Act 2001 to provide that the Parliamentary Joint Committee on Intelligence and Security may review the operation, effectiveness and proportionality of the declared areas provisions prior to their new sunset date. These amendments are consistent with the recommendations of the Parliamentary Joint Committee on Intelligence and Security tabled earlier this year.

The declared areas offence is an important part of the Australian government's efforts to stop the flow of foreign fighters and mitigate the risk that returning foreign fighters pose to Australians. Where an area is declared by the Minister for Foreign Affairs it is an offence to enter or remain in that area without a legitimate reason. A declared area is a place where terrorist organisations are engaging in hostile activity. There are a few legitimate reasons for entering such an area and the offence recognises this by providing a carefully targeted range of exempt sections.

This bill will also extend for a further 15 months the following Australian Federal Police powers that are also scheduled to sunset on 7 September 2021: the control order regime in division 104 of the Criminal Code; the preventative detention order regime in division 105 of the Criminal Code; and the stop, search and seizure powers in division 3A of the Crimes Act.

Control orders under division 104 of the Criminal Code are an important tool in preventing a terrorist attack and managing the risk posed by persons who continue to present a risk to the community. The provisions allow the Federal Court or the Federal Circuit Court to impose an order which places tailored obligations, prohibitions and restrictions on an individual. The conditions must be reasonably necessary and reasonably appropriate and adapted to protect the public from a terrorist act. These AFP powers have been used sparingly since they were enacted. As at 16 July 2021, 20 control orders have been made since September 2014, when the national terrorism threat was increased.

Preventative detention orders under division 105 of the Criminal Code are another important tool in preventing an imminent terrorist attack. A preventative detention order allows a person to be detained without charge and can only be used where the AFP reasonably suspects an attack could occur within 14 days or in the aftermath of a terrorist attack, to preserve vital evidence.

The emergency stop, search and seizure powers in the Crimes Act ensure that police can respond consistently and effectively to a terrorist incident or threat. The powers allow police to request a person's name, address and other details. They allow the police to conduct a search for a terrorism related item and to seize such an item, they allow the police to enter premises without a warrant, to prevent a serious and imminent threat to a person's life, health or safety.

No preventative detention orders have been made and no incidents have required the use of the emergency stop, search and seizure powers. Although these powers have not been used to date, they are considered to be an important mechanism should the need arise. The PJCIS is currently reviewing these powers. The control order regime, the preventative detention order regime and the emergency stop, search and seizure powers. However, it is critical that these powers do not sunset ahead of the completion of the PJCIS review. Thus, this bill will extend them for a further period of 15 months to ensure that law enforcement agencies continue to have a range of capabilities to respond to the ongoing threat of the terrorist attack in Australia. All powers will continue to be subject to robust safeguards and oversight, including by providing for the PJCIS to again review the declared areas offence before the new sunsetting date.

This bill is also going to enact changes to the Independent National Security Legislation Monitor, INSLM, Act, to extend the reporting date for the Independent National Security Legislation Monitor's review of division 105A of the Criminal Code to as soon as practicable after 7 December 2021. The INSLM independently reviews the operation, effectiveness and implications of Australia's counterterrorism and national security laws, ensuring they contain appropriate protections for individual rights and remain necessary and proportionate. Extending the INSLM's reporting deadline to as soon as practicable after 7 December 2021 will enable the INSLM to engage in interstate consultations, which were disrupted by COVID-19, and provide a greater body of evidence to review the practical operation of this provision.

Finally, by way of concluding, this bill provides for the continuation of important counterterrorism powers that ensure the safety and security of all Australians. They ensure that Australia's law enforcement agencies continue to be able to manage the evolving national security and threat environment and meet the necessary thresholds for being necessary and proportionate. The usage of the sunsetting periods, reviews by the INSLM and the PJCIS mean that these are not set and forget powers; rather, they will continue to be monitored and reviewed to determine their ongoing justification.

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