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

My question is to the Minister representing the Prime Minister, Senator Wong. How many temporary exclusion orders in total have been issued under the life of the Albanese government?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you for the question. Obviously, those are matters within the Home Affairs portfolio and I'm sure could be was responded to by the Minister for Home Affairs, but what I would say is that this government works to the full extent of the law available to us by the legislation—passed by you—which is obviously limited in parts by the Constitution.

I'll take that interjection because this is the latest issue that the opposition want to run on. After having passed laws which they themselves know have to be constrained because of the constitutional limits, they now want—they are now demanding—as a stunt, that a law be passed which they never sought in government. I think we understand that they are playing politics with national security, and we do not.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Duniam, first supplementary?

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

No answer to that. What assurances can the minister provide to the Australian public about whether Kirsty Rosse-Emile has been issued a temporary exclusion order? According to media reports, she's openly declared that she wants to 'make bombs' and is among the cohort of 34 Australian citizens seeking to return from Syria. If she hasn't been issued a TEO, why not, in view of the obvious seriousness and the dangers of such a mindset and the many associated security risks from it? (Time expired)

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

We take advice from security agencies in relation to any individual, and Minister Burke has made clear that he will act in accordance with the full extent of the law when it comes to temporary exclusion orders, which was legislation passed when you were in government and supported by the then opposition.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Duniam, second supplementary?

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

Does the minister concede that the sole person among the group of 34 who's been issued a temporary exclusion order should not have been given a passport to Australia first? Doesn't that defy the most basic purpose of the temporary exclusion legislation of 2019, which was to prevent a person from obtaining an Australian passport in circumstances exactly like these?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I responded to this yesterday. I will say it again. Any Australian can apply for and, if they meet eligibility requirements, be issued an Australian passport, full stop. A passport can only be refused or cancelled on security grounds if a competent authority—that is, a security agency such as ASIO—requests it. As I have said repeatedly, no such request was made. No such requests were made.

I would just remind Senator Duniam of what he himself said in the really quite disastrous press conference that he and his new boss gave on these matters. He himself said:

This is a terribly complex situation. Anyone who suggests it's straightforward is lying …