Mehreen Faruqi (NSW, Australian Greens) Share this | Hansard source

by leave—I move Australian Greens amendments (1) and (2) on sheet 3480 together:

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 56 (after line 17), at the end of the Bill, add:

Schedule 5 — Terrorist organisation offences: exceptions for humanitarian aid

Criminal Code Act 1995

1 Subsection 102.1(1) of the Criminal Code

Insert:

designated humanitarian entity: see section 102.1AB.

2 After section 102.1AA of the Criminal Code

Insert:

102.1AB Meaning of designated humanitarian entity

(1) An entity is a designated humanitarian entity if the entity is specified by, or is in a class of entities specified by, the regulations for the purposes of this subsection.

(2) The following are also designated humanitarian entities:

(a) the United Nations;

(b) an agency of the United Nations;

(c) the International Committee of the Red Cross;

(d) an entity accredited (whether at full or base level) by the Department of Foreign Affairs and Trade for the purposes of funding eligibility under the program known as the Australian NGO Cooperation Program;

(e) an entity that operates for the sole or dominant purpose of providing aid of a humanitarian nature.

Note: A list of entities accredited by the Department of Foreign Affairs and Trade for the Australian NGO Cooperation Program could in 2025 be viewed on that Department's website (https://www.dfat.gov.au).

3 At the end of section 102.6 of the Criminal Code

Add:

(4) Subsections (1) and (2) do not apply if:

(a) the person's receipt, making available or collection of funds is only for the purpose of providing aid of a humanitarian nature; and

(b) the aid is provided, or to be provided, by, on behalf of, or with the authority of a designated humanitarian entity.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).

4 At the end of section 102.7 of the Criminal Code

Add:

(3) Subsections (1) and (2) do not apply if:

(a) the person's provision of support or resources is only for the purpose of providing aid of a humanitarian nature; and

(b) the aid is provided, or to be provided, by, on behalf of, or with the authority of a designated humanitarian entity.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3).

This amendment is an important carve-out that ensures humanitarian aid organisations can deliver life-saving aid that is so desperately needed in so many places around the world. Under our current legislation, humanitarian organisations are liable to criminal charges when delivering aid to civilians in regions controlled by proscribed terrorist actors, purely because of geographical proximity.

The unavoidable legal risks and challenges under the current framework have had a very chilling effect on aid delivery, funding and humanitarian organisations' ability to respond to crises. This morning, I was at the ACFID annual conference and heard again loudly and clearly how much the current framework hinders and hampers the delivery of much needed life-saving aid. Aid organisations across the country have been calling for this exemption under the Criminal Code for designated humanitarian entities for years and years. This is an amendment that could make a world of difference for these incredibly courageous humanitarian workers to be able to do their job. It will also bring our laws into line with those that already exist in the US, UK, Canada and the EU.

It also implements a UN Security Council resolution that our government has proudly supported. In fact, the UN Declaration for the Protection of Humanitarian Personnel, which our government has been touting leadership on, both here and abroad, demands this very exemption. Yet, today, from what I understand, the Labor government is going to vote against this amendment. But I guess, sadly, that is exactly what we have come to expect from Labor. They say one thing and do another. They wax lyrical about international law in this chamber and the UN but do nothing. It's time for the Labor government to stop talking the talk and start walking the walk. This amendment is one that has previously received bipartisan support in a recommendation in the March 2025 final report of the Joint Standing Committee on Foreign Affairs, Defence and Trade. It was an inquiry into Australia's thematic sanctions framework. It is disappointing that, despite supporting this amendment and claiming to understand the importance of it for the aid sector, Labor and the coalition will both be voting against it. I cannot tell you how difficult it is to overstate the importance of international aid right now. We are living in increasingly bleak times, with the arms industry recording massive profits steeped in the blood of their war machines as they kill thousands, including aid workers in those thousands. Last year was the deadliest year on record for aid workers, and this year is on track to be even worse. Gaza and Sudan recovered the highest number of deaths. International aid should be a matter of justice. It should neither be dictated by political self-interest nor constrained by sanction regimes.

When operating in the most challenging circumstances that you can imagine and watching the extremes of human suffering, the last time humanitarian organisations and their workers need is to come under fire from indiscriminate Australian laws. Today we have an opportunity to do something that tackles at least one of the challenges aid organisations face. These organisations and their workers put their passion, compassion, hearts, souls and bodies on the line to provide aid for those who are being put through immense suffering.

I will say that I understand that neither of the major parties are going to support this amendment now, but I hope, given the significance of this change and that there has been a bipartisan agreement on making this change, that the government will look at doing this urgently. I commend the amendment to the Senate.