Second Reading Speech
Mr Ruddock (Berowra - Attorney-General)
I move:
That this bill be now read a second time.
This is a bill that continues the extensive work already done in improving Australia's counter-terrorism laws.
They build upon legislation enacted since 11 September 2001 that allows us to more effectively provide for the safety of all Australians, here and abroad, insofar as legislation can achieve that end.
This package highlights the Australian government's commitment to continuous review and modification of the law to meet new challenges as they arise.
In creating these laws, the government is striving towards the twin goals of security and justice.
We do not assume that protecting national security is opposed to protecting our civil rights, particularly the most fundamental right of all-the right to human security.
The achievement of these goals should not be seen as separate ideals.
The measures contained in this bill will have a real practical impact and are necessary.
The bill updates the Criminal Code to improve our terrorism offence regime.
The amendments make it an offence to intentionally associate with a person who is a member or who promotes or directs the activities of a listed terrorist organisation where that association provides support that would help the terrorist organisation to continue to exist or to expand.
Unlike the offence provisions in division 101 of the Criminal Code, this offence does not require proof of a connection with a terrorist act.
The new offence of 'associating with terrorist organisations' is aimed at the fundamental unacceptability of terrorist organisations as entities by making a wider range of activity which supports the existence or expansion of such organisations illegal.
The offence is directed at people who cannot be proved to be directors, members, recruiters, trainers, or financiers of a terrorist organisation under existing offences.
Under the new offence, what must be proved is that the person communicates or meets directors, members or promoters of a listed terrorist organisation and in doing so provides support intended to assist the expansion or continued existence of the organisation.
The maximum penalty of three years imprisonment is lower because such people are not necessarily directly involved in terrorist acts.
A wide range of exceptions are provided for in relation to associations with 'close family members', associations for the purpose of religious worship, the provision of humanitarian aid, and the provision of legal advice in connection with criminal proceedings or proceedings in relation to the listing of terrorist organisations.
Significantly, an exception is also provided to exclude the application of the offence where it would infringe any constitutional doctrine of implied freedom of political communication.
Australia's response to the terrorist attack in Bali was a very effective blow against terrorist activity in our region.
Part of that response was the way in which Australian authorities used DNA technology to identify those who were tragically victims of the bombing.
This was made possible by amendments moved by the government shortly after the attack which provided a single seamless legal framework for the collection and matching of DNA profiles.
This bill will amend the forensic procedure laws in part 1D of the Crimes Act 1914 to ensure that if a terrorist attack or other mass-casualty disaster were to occur within Australia forensic services from all jurisdictions in Australia would be able to work together, using the national DNA database system, to identify the victims of the disaster and conduct a criminal investigation.
Securing our borders against incoming or outgoing terrorist suspects is clearly an important weapon in our fight against terrorism both domestically and internationally.
We are not interested in letting terrorists enter Australia.
Nor are we interested in exporting terrorists who are then free to pursue their deadly ambitions in other countries.
This bill contains amendments to the Passports Act 1938 that will, among other things, give competent Australian authorities the power to request an order for the surrender of a person's foreign passport.
A 'competent authority' could be the Australian Federal Police or the Australian Security Intelligence Organisation.
These amendments are necessary to ensure that a person who carries both an Australian passport and a foreign passport cannot leave Australia on a foreign passport after the person's Australian passport has been cancelled by Australian authorities.
The amendments to the Australian Security Intelligence Organisation Act 1979 will give the Australian Security Intelligence Organisation the power to demand a person surrender their Australian and foreign passports if the person is subject to a request for consent to apply for a questioning warrant.
The new power builds on the existing power in the ASIO Act relating to surrender of a person's passports where the person is the subject of a questioning warrant.
These amendments are necessary to ensure that all reasonable measures are taken to prevent a person who would have vital information about a planned terrorist attack from leaving Australia before ASIO has the opportunity to question that person.
Capturing and convicting terrorists is not the end of the story.
Once a person is in custody for an offence, that person can raise security issues for the correctional facility in which they are detained.
In some cases it may be necessary to move the person to another part of the country for security reasons.
The bill provides a legislative basis for the transfer of prisoners between states for security reasons.
The provisions would be used only where there are reasonable grounds to believe that the transfer is necessary in the interests of security.
'Security' here has the same definition as in the Australian Security Intelligence Organisation Act 1979.
Persons transferred for security reasons will be the subject of a security transfer order. The orders are to be reviewed every three months to determine whether the person should remain subject to an order.
The bill also amends the Administrative Decisions (Judicial Review) Act 1977 to make decisions of the Attorney-General on security grounds exempt from the application of the act.
As Attorney-General, I am acutely aware that the law represents a very potent form of defence against terrorists.
A fair, just and even application of the law can protect us in a very real way.
Our use of the law establishes the parameters of what we think a just and civilised society should be.
This bill sets out those parameters without unnecessarily encroaching upon individual rights and freedoms.
This bill appropriately targets those in our community intent on doing wrong: a person who provides support that would help a recognised terrorist organisation to continue to exist or to expand; and a person who may have vital information about a planned terrorist attack who seeks to flee Australia under a foreign passport before ASIO has the opportunity to question the person.
Combined, these types of activities create an environment in which terrorist organisations are permitted to thrive and opportunities to prevent a terrorist attack are not taken.
I am sure members opposite, who have been generally supportive of government initiatives to prohibit the 'big ticket' terrorist activities, will want to support further measures that enhance terrorist potential in Australia.
I request that the opposition recognise the importance here of the more subtle and sophisticated initiatives designed to target infrastructure, support networks and techniques that enable terrorists and their associates to evade the law.
I hope the bill will receive a sympathetic and speedy passage. I commend the bill to the House.
Debate (on motion by Mr Swan) adjourned.