Scott Buchholz (Wright, Liberal Party, Assistant Minister for Road Safety and Freight Transport) Share this | Link to this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

Australians have been shocked and saddened by the despicable terrorist acts on innocent members of the public in London on Friday. Australia's deepest sympathies are with the victims and all of their families. While the Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019 predates this tragic event, sadly, this event once again demonstrates the need for our government to act very swiftly and strongly to counter the threat of terrorism on our shores. The Australian government's first priority is to keep our communities safe from those who seek to do us harm.

This bill continues this important work by ensuring that there is a presumption against bail and parole for all terrorists and their supporters. It will make two changes to improve the operation of the continuing detention order (CDO) scheme for high-risk terrorist offenders.

Schedule 1—Restrictions on bail and parole

Schedule 1 introduces new restrictions on the existing arrangements for bail and parole and ensures there is a presumption against bail and parole for persons who have demonstrated support for, or have links to, terrorist activity, which is consistent with the agreement reached by the Council of Australian Governments (COAG).

In line with the COAG agreement, this bill expands the Commonwealth's existing presumptions to include those offenders who are the subject of a control order, or have links with, or have shown support for, terrorist activities. The new presumption against parole similarly covers all of these terrorism-related offenders. This means that offenders who have links with, or have shown support for, terrorist activities will not be released on bail or parole unless they can show that there are exceptional circumstances that would justify their release into our communities.

The bill also addresses issues raised by the Independent National Security Legislation Monitor's (Monitor) inquiry and report into the prosecution and sentencing of children for Commonwealth terrorism offences by ensuring that the rights of children who are being prosecuted and sentenced for terrorist offences are also taken into account.

Schedule 2— Amendments relating to continuing detention orders

Schedule 2 contains two measures to improve the operation of the Commonwealth's CDO scheme for high-risk terrorist offenders.

The first measure will amend the CDO scheme that will ensure that jailed terrorist offenders who are also serving time for non-terrorism offences remain eligible for consideration for a CDO at the conclusion of their time in prison. This will ensure that the community can be protected from terrorist offenders who pose an unacceptable risk to the community of committing a serious terrorism offence, if released from prison, regardless of whether the terrorist offender's final day of detention is for a terrorist offence or for another offence.

The second measure brings the option for the protection of national security information contained in an application for a CDO into line with the protections available in other proceedings. Under the current scheme, a complete copy of a CDO application must be provided to the terrorist offender. This proposed amendment will provide that the information given to the terrorist offender is subject to any orders that the court makes for the protection of national security information. It is the courts that oversee the protection of the sensitivity of this information and the courts will retain ultimate decision-making powers to determine the appropriate orders to protect sensitive information and the impact of any orders on the fairness of proceedings.

On 1 August 2019 the bill was referred to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report. The committee's advisory report was tabled in this House on 14 October 2019. The committee unanimously recommended passage of the bill, subject to recommendation regarding the operation of public interest immunity in relation to CDO applications, which the government has agreed to and amended the bill accordingly. The government appreciates the committee's consideration for the proposal of this legislation. The bill demonstrates the government's ongoing commitment to keeping our communities safe from terrorists.

Leave granted for second reading debate to continue immediately.

Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Link to this | Hansard source

Labor of course joins with the government in expressing our sympathies to the victims of the recent terror attack in London. The Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019 would make a number of amendments to the Crimes Act 1914 and the Commonwealth Criminal Code. The bill is consistent with the principles that were agreed by the Council of Australian Governments on 5 October 2017. In particular, it is consistent with the principle of the presumption against bail, and parole should apply to categories of persons who have demonstrated support for, or links to, terrorist activity. The bill would also address a gap in the continuing detention order regime.

The bill was referred to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report. Labor and Liberal members of the committee made one recommendation to improve the bill. The government accepted that recommendation and amended the bill accordingly. There was one area of disagreement between Labor and Liberal members of the intelligence committee. The nature of that disagreement is detailed in an additional comment to the report by the intelligence and security committee. I encourage those who are interested in this bill and interested in Australia's obligations under the Convention on the Rights of the Child to read that document. I commend the bill to the House.

Scott Buchholz (Wright, Liberal Party, Assistant Minister for Road Safety and Freight Transport) Share this | Link to this | Hansard source

There are no other speakers, so I will sum up. I thank parliamentary colleagues for their contribution to the debate. Australians were shocked and saddened by the despicable terrorist attacks on innocent members of the public in London on Friday afternoon. Australia's deepest sympathies lie with the victims and all of their families. While the bill predicates this tragic event, sadly, this event once again demonstrates the need for legislative measures in this bill which are aimed at protecting Australian communities from terrorist offenders.

Since September 2014 Australia's national terrorism threat level has been set at probable. This means that there's credible intelligence assessed by our security agents indicating that individuals or groups continue to pose the intent and capability to conduct a terrorist act here in Australia. In the prevailing threat environment, it is critical that Australia's counterterrorism legislative framework remains effective and responsive to the evolving threat of terrorism. The measure in the bill strengthens the tool that law enforcement and intelligence agencies have to protect the public from the threat of terrorism.

I thank the Parliamentary Joint Committee on Intelligence and Security for its detailed considerations of this bill. The work of the committee was invaluable in ensuring that the measures contained in the bill are necessary, reasonable and proportionate. The bill reflects the government's ongoing commitment to protecting the Australian community from terrorism and ensures that our law enforcement and security agencies have the powers they need to respond to the evolving threat of terrorism. I commend this bill to the House.

Question agreed to.

Bill read a second time.