Claire Chandler (Tasmania, Liberal Party) Share this | Link to this | Hansard source

I rise today to speak in support of the Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025. This is a long overdue and critically important measure that closes a dangerous gap in our national security framework. This bill empowers the Australian government to formally designate foreign state entities as sponsors of terrorism and introduces new criminal offences for conduct involving these entities. It has come about to enable Australia to finally list the Islamic Revolutionary Guard Corps, the IRGC, as a terrorist organisation. This bill gives our law enforcement and intelligence agencies the tools they need to investigate, disrupt and prosecute those who assist or support these regimes.

But, while the coalition wholeheartedly supports this bill, we must confront the truth that it has come far too late. The coalition has long called for the IRGC to be listed as a terrorist organisation, calls that have spanned almost three years. Following the death of Mahsa Amini in September 2022 and the Islamic Republic of Iran regime's brutal crackdown on the rights of women and girls, the Senate Foreign Affairs, Defence and Trade References Committee inquiry, which I at the time chaired, recommended that Australia list the IRGC as a terrorist organisation. The recommendation to list the IRGC was not made in isolation. It was powerfully supported by our local Iranian community, whose tireless advocacy since Mahas Amini's death, through the inquiry and beyond has been instrumental in keeping this issue on the national agenda.

That inquiry report was tabled in February 2023. We know, at that time, the Albanese government had in its possession the necessary evidence, legal documentation and bipartisan support to act. The Department of Home Affairs had drafted documents, a statement of reasons for listing the IRGC and a nomination form for a terrorist listing. Yet this government chose to delay instead of taking decisive action. Even after the coalition offered to amend the Criminal Code to enable the listing, like we're doing with this bill here today, the Albanese government resisted, citing limitations in the existing legislative framework.

This inaction persisted despite the mounting threats of the IRGC and the IRI regime. The fact that the government was developing the documentation to list the IRGC in 2023 only reinforces how unacceptable this delay was. Nearly three years have passed since that work began, despite clear evidence that the IRGC posed a serious security threat to Australia. Throughout this time, our incredible Iranian Australian community have continued to call for decisive action, urging the government to act on findings of the inquiry and the growing threat posed by the IRGC. They weren't making these calls for frivolous reasons. They were making these calls because they were concerned about being stalked, harassed and intimidated, both physically and online, by IRI regime operatives. They were continually raising reports about the regime conducting foreign interference operations here on Australian soil.

We must remember that the Iranian community weren't the only ones raising these concerns. In February 2023, just a few weeks after I tabled the inquiry report in this chamber, the then Home Affairs minister Clare O'Neill publicly attributed a local foreign interference attempt to Iran, and still the Albanese government did nothing to hold the IRGC to account. Fast forward 2½ years, it wasn't until the director-general of ASIO publicly confirmed that the IRGC had directed terrorist attacks on Australian soil that the Albanese government finally acted.

These attacks were not abstract threats. They were real, they were targeted, and they were devastating. In October 2024, the IRGC orchestrated the firebombing of Lewis' Continental Kitchen in Sydney. Just weeks later, the Addas Israel Synagogue in Melbourne was set ablaze, causing millions in damage and endangering lives. These weren't isolated incidents. They were part of a deliberate campaign by a foreign regime to stoke division, intimidate communities and undermine our sovereignty. This is state sponsored terrorism from an abhorrent authoritarian regime which should have been held to account for its actions far earlier than now. The IRI regime uses its proxies like Hamas and Hezbollah, as well as its military arm in the IRGC, to spread terror throughout the Middle East and throughout the world, including here in Australia. Our country must not be a safe haven for such conduct, and we must not hesitate to confront state sponsored terrorism wherever it occurs. This bill sends a clear message: if you are a foreign government that supports terrorism, you will be held accountable; your agents, your proxies and your collaborators will face the full force of Australian law.

The legal architecture of this bill is well constructed. It introduces a new part, 5.3A, to the Criminal Code, establishing a framework for listing foreign state entities as sponsors of terrorism. The listing process requires the AFP minister to be satisfied that the entity has engaged in or advocated terrorist acts targeted at Australia, it requires written agreement from the foreign affairs minister, and it requires a briefing to the Leader of the Opposition. This ensures that national security and foreign policy considerations are weighed together. It also provides a mechanism for delisting entities if circumstances change, with oversight from the Parliamentary Joint Committee on Intelligence and Security. But let me be very clear. Under this legislation, if you are a foreign entity engaging in or preparing acts of terrorism on behalf of a foreign regime, you will face prosecution; if you provide or receive training to carry out such acts, you will be held accountable; if you fund, recruit for or associate with listed entities, your actions will not go unnoticed; and, if you possess materials or documents intended to facilitate state sponsored terrorism, you'll be prosecuted under Australian law.

The coalition supports this bill unequivocally, but we must also acknowledge the regrettable delay in its introduction. The government had ample warning. The opposition offered their support for legislative change, yet action was only taken after the worst possible outcome—a terrorist attack on Australian soil happened. This reactive approach to national security must end. We must be prepared to call out regimes that use terrorism as a tool of oppression and aggression, we must ensure that our laws reflect the seriousness of that threat and we must stand firm in the defence of our values.

Before concluding my remarks, there is one more point that I want to make here this evening. On 28 August this year, my colleague Senator Cash and I moved a motion, which the Senate agreed to, ordering the Albanese government to finally table the listing documents for the IRGC which were originally drafted by Home Affairs in January 2023, after the third reading of this bill. These documents have been requested several times by this chamber, and, every single time, the government has refused. We all know that this government is the most secretive government in Australia's history. Anyone who's made an FOI claim and any senator in this place who's lodged an order for documents knows that this government is seemingly allergic to sunlight. So I say here today to the Albanese government: here is your opportunity to do the right thing. Here is your chance to show Australians, to show our Iranian community, that you do believe in transparency and accountability. When this legislation passes this place, as I hope it will tomorrow, release the documents. Release the statement of reasons and the nomination form for the IRGC which your own department drafted in 2023. It is time for the government to be upfront about just how dangerous the IRGC is and when they knew about it.

In concluding my remarks today, I want to reflect on just how important this legislation is to this country. My hope is that passing this bill is not the end but, rather, the beginning of a new chapter in our national security strategy. We must ensure that our agencies are resourced to implement these powers, we must monitor the effectiveness of this legislation and we must remain alert to the fact that the evolving tactics of hostile regimes pose a real threat to our country. And, when this happens, we need to act faster. Never again should we have to wait for a terrorist attack on Australian soil before listing a terrorist entity, as we have sadly had to do in the case of the IRGC. Never again should an organisation like the IRGC be allowed to spread terror and antisemitism in our community without having the full force of law enforcement crack down on them quickly and decisively.

The Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025 is going to be a vital tool in our fight against terrorism. It empowers our government to act, it protects our communities, and it sends a clear message: Australia will not be intimidated, infiltrated or undermined by authoritarian foreign regimes. I commend this bill to the Senate.

Debate interrupted.