Senate debates

Wednesday, 6 December 2023

Bills

Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023; Second Reading

12:53 pm

Photo of Andrew McLachlanAndrew McLachlan (SA, Deputy-President) Share this | | Hansard source

Pursuant to the order agreed to earlier today, the time allotted for the second reading of the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill has expired. I will now put the questions on the second reading amendments circulated. The first question is that the second reading amendment circulated by the Australian Greens on sheet 2324 be agreed to.

Australian Greens circulated amendment—

SHEET 2324

At the end of the motion, add ", but the Senate:

(a) is of the opinion that while criminalising the use of Nazi symbols and salutes is a valid and appropriate public policy outcome, certain other provisions of the bill that go beyond this potentially criminalise speech and conduct in a manner that risks exacerbating over policing of marginalised communities, such as Muslim and Arab communities, including by the potential for aggressive policing of conduct that is in fact not criminalised by this bill; and

(b) notes that these concerns have been raised by stakeholders but have not been addressed".

1:01 pm

Photo of Andrew McLachlanAndrew McLachlan (SA, Deputy-President) Share this | | Hansard source

I will now deal with the second reading amendment circulated by Senator David Pocock. The question is that the second reading amendment on sheet 2329 be agreed to.

Senator David Pocock's circulated amendment—

At the end of the motion, add ", but the Senate is of the opinion that:

(a) people turn to extremist ideologies when they feel isolated, disaffected and excluded from society,

(b) fostering strong, cohesive communities is the best way to prevent the rise of right-wing extremist ideologies,

(c) criminalising the use of Nazi symbols and salutes is an appropriate public policy outcome, but by itself, it will not address the underlying drivers of radicalisation; and

(d) the Government must increase funding for social cohesion, early intervention and deradicalisation programs to genuinely address this issue and keep Australians safe".

Question negatived.

Photo of David ShoebridgeDavid Shoebridge (NSW, Australian Greens) Share this | | Hansard source

by leave—The Greens support the second reading amendment.

Photo of Andrew McLachlanAndrew McLachlan (SA, Deputy-President) Share this | | Hansard source

I will now deal with the second reading amendment circulated by Senator Thorpe. The question is that the second reading amendment on sheet 2330 be agreed to.

Senator Thorpe's circulated amendment—

At the end of the motion, add ", but the Senate is of the opinion that:

(a) criminalisation will not fully address the highly complex and nuanced issues around radicalisation and violent extremism nor respond fully to the discrimination faced by certain communities;

(b) there is an urgent need to address the underlying problems that lead to radicalisation including the propagation of the racism and prejudice which fuels extremism and extremist violence, and the grooming and recruitment of alienated young people by extremist groups;

(c) a broader suite of measures is required to create provisions for early community-based identification, intervention, rehabilitation and deradicalisation programs, education and awareness raising;

(d) the criminalisation of all "prohibited terrorist organisation symbols" is so broadly drafted that it could capture a wide range of benign conduct which is overly dependent on police and prosecutorial discretion, and could serve as a continuation of the long history of the overreach of counter-terrorism legislation to disproportionally criminalise black, brown and Muslim communities; and

(e) truth telling is required to recognise and address systemic issues of white supremacy and racism, which are not just fringe issues in our society, but rather the bedrock upon which this country was founded".

Question negatived.

The question now is that the bill be now read a second time.

Question agreed to.

Bill read a second time.