Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum and seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

It gives me great pleasure, on behalf of the Opposition, to introduce the Criminal Code Amendment (Keeping Australia Safe) Bill 2026.

This Bill is very specifically focused on one key aim: namely, inserting into Australian law that it will be the national government (and no one else) who decides when and how people associated with terrorist organisations potentially return to Australia.

It is about restoring at least some scintilla of ministerial responsibility under the hapless Albanese Government. It is about closing a dangerous loophole. It is about better protecting Australia's national security and our way of life—a concept seemingly entirely foreign (in more ways than one) to the Labor Party.

Under the Albanese Government, we have seen the emergence of what has come to be described as a policy of self-managed returns.

On Labor's watch, individuals who willingly travelled to terrorist hotspots; who entered areas controlled by Islamic State; who aligned themselves with extremist ideology; and/or, in a number of cases, who directly supported or committed terrorist offences, have been able to return to Australia when and how they choose, assisted not by the Commonwealth, but by third parties.

The great John Howard famously—and accurately—said that "we will decide who comes to this country and the circumstances in which they come". But the bumbling Labor government of today has somehow managed to turn that eminently successful and sensible approach entirely on its head.

Staggeringly, we now have people devoted to a barbaric and bloodthirsty terrorist cult deciding to come to this country. And working out among themselves and with the help of third parties the circumstances in which they will come.

We keep being told that the Government has "no role" in any of this. We keep being told that 'there is nothing they can do' to stop any of this. As the overwhelming majority of Australians know, this is not only untrue but nowhere near good enough.

Australians expect that, when it comes to people who travelled to declared terrorist areas (areas formally designated under our Criminal Code), the Commonwealth Government is in control. They expect the elected government of the day to make those decisions transparently and also to take responsibility for them.

Instead, Labor has allowed a situation to develop where non-government actors can organise or facilitate the return of individuals associated with terrorist organisations, without any formal requirement for prior ministerial approval.

That is a very problematic loophole. And today, in the absence of any work from the Government to do this, we are moving to close it.

This Bill amends the Criminal Code Act 1995. Most importantly, it inserts a new offence (proposed section 119.3A) that makes it a crime to organise or facilitate the entry into Australia of a person who has entered or remained in a declared area, or a person who has committed any other terrorism offence, or a person who is a member of a terrorist organisation, unless that assistance is authorised by the Commonwealth.

The penalty is up to 10 years' imprisonment. That penalty aligns with existing terrorism-related offences in the Criminal Code. It reflects the seriousness of the conduct, because these are not trivial matters. These are decisions with profound national security consequences.

If someone seeks to assist the repatriation of a person who entered or remained in a terrorist Declared Area, who is or has been a member of a terrorist organisation, or who has committed a terrorism-related offence, they must first obtain the prior written permission of both the Minister for Home Affairs and the Minister for Foreign Affairs.

Without that permission, organising or facilitating their entry becomes a criminal offence.

This Bill does not prevent Australians from returning home. It does not strip citizenship. It does not retrospectively criminalise past actions.

What it does is regulate third party assistance. It ensures that no one can freelance in bringing potentially dangerous individuals into this country without the express approval of the Commonwealth Government.

The Coalition is resolute in the belief that decisions of this gravity must sit squarely with the elected Government.

If a Home Affairs Minister believes a particular individual should return, they should sign off on it. If a Foreign Affairs Minister believes the national interest is served, they should sign off on it. But they cannot wash their hands of responsibility and allow others to carry the burden while distancing themselves from the outcome.

Members will recall that the Declared Areas regime was introduced by a Coalition Government in 2014 in response to Australians travelling to join Islamic State and other extremist groups. Entering or remaining in a declared area without legitimate purpose is itself a criminal offence under section 119.2 of the Criminal Code.

This Bill extends the sunset date for that regime from 7 September 2027 to 7 September 2030, ensuring that these vital protections remain in force. The threat environment has not disappeared simply because the so-called Caliphate has collapsed territorially. Extremist ideology persists. Networks persist. Radicalisation persists. The Commonwealth must retain robust tools to manage those and associated risks.

This debate is ultimately about accountability.

If the Government believes that particular individuals associated with terrorist organisations should return to Australia, then it should be prepared to own that decision. It should not be lazily, recklessly and unaccountably outsourcing the moral and political responsibility to charities, intermediaries or private individuals.

Our Bill ensures that any repatriation involving this high-risk cohort can only occur with the explicit authorisation of both relevant Ministers. That is not extreme. That is responsible.

Let me also address some of the criticisms that will inevitably be raised by people looking for any way they can of criticising what is sensible and responsible policy making in the interest of the overwhelming majority of Australians.

This Bill does not prevent citizens from entering Australia. It does not extinguish any right of return insofar as one exists. It criminalises the unauthorised act of organising or facilitating that entry. The Commonwealth is well within its constitutional powers to regulate how people enter Australia and to legislate with respect to national security and external affairs.

Nothing in this Bill prevents humanitarian repatriation. It simply requires that such repatriation be authorised by the Ministers responsible for Australia's security and foreign policy. If a case is compelling, if minors are involved, if the security agencies advise that return is manageable, Ministers can authorise it. But it must be done transparently, lawfully and with accountability.

This Bill will not criminalise past repatriations. It applies prospectively. Once enacted, future assistance without approval will constitute an offence.

When in government, the Coalition authorised the repatriation of eight orphaned minors in 2019. That operation was conducted by Commonwealth agencies, in a controlled manner, at a time determined by the Government. It was not outsourced. It was not disguised. It was not disowned. Other individuals were assessed at that time as too high risk to return.

Australians are generous and compassionate, but they are not naïve. They expect their government to put national security first, ensure transparency in decision-making, and close loopholes when they are identified.

This Bill closes a loophole that currently allows non-government third parties to organise the return of individuals associated with terrorist activity without formal Commonwealth approval.

It restores clarity. It restores ministerial accountability. And it strengthens Australia's counter-terrorism framework at a time when complacency would be extremely dangerous—particularly in the aftermath of the Bondi massacre.

The safety of Australians must always be paramount. The Opposition does not bring this Bill forward lightly. We bring it forward because we believe the current arrangements are inadequate, because we believe ministerial responsibility must be clear, and because we believe the Parliament has a duty to act when national security frameworks are shown to have gaps.

This legislation is measured. It is targeted. Despite Labor's petulant attempts to claim the contrary, it is constitutionally sound. And it is necessary.

We stand ready to work constructively with the Government if it is serious about strengthening our laws. Unfortunately, however, they have left us in the position now of having to proactively introduce legislation ourselves.

I strongly commend this Bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.