Government Response to the Parliamentary Joint Committee on Intelligence and Security’s Advisory Report on the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024
Second reading speech – Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024
House of Representatives, Parliament House, Canberra, Monday, 12 August 2024
Mr DREYFUS (Isaacs—Attorney-General and Cabinet Secretary) (13:21): I thank my parliamentary colleagues for their contributions to the debate on the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. The Albanese government is committed to protecting the Australian community against the real and evolving threat of terrorism. The declared areas offence in section 119.2 of the Criminal Code Act 1995, which is currently due to sunset on 7 September 2024, is part of the Australian government's efforts to stop Australians becoming foreign fighters. Where an area is declared by the Minister for Foreign Affairs, it is an offence to enter or remain in that area without a legitimate reason.
A declared area is a place where terrorist organisations are engaging in hostile activity. There are very few legitimate reasons for entering such an area. The offence recognises this by providing a carefully targeted range of exceptions. Although there are currently no areas declared, these provisions remain a necessary component of our framework in the current threat environment. The offence plays a role in the disruption and prosecution of returning foreign fighters and their associates.
The bill would extend the offence in section 119.2 for three years to 7 September 2027. A three-year extension reflects the continued appropriateness of the provisions and is consistent with previous recommendations made by the Parliamentary Joint Committee on Intelligence and Security, including in its report on the bill. This will be the third time the provision has been extended. The bill would also provide that section 119.3, the provision under which that Minister for Foreign Affairs can declare an area for the purpose of the offence in section 119.2, also ceases to have an effect on 7 September 2027. This will align the relevant declaration and offence provisions in the criminal code.
The government welcomes the report of the Parliamentary Joint Committee on Intelligence and Security on the bill and its unanimous recommendation that the bill be passed. The committee made three recommendations for the government to consider following passage of the bill and before the next sunsetting of the provisions in 2027. The first is that the government consider reviewing the list of legitimate purpose exceptions for entering or remaining in a declared area in subsection 119.2(3) of the Criminal Code. This includes considering whether any additional exceptions should be prescribed by regulations. The government agrees with this recommendation. The government will consider reviewing the list of legitimate-purpose exceptions and will consult agencies and other relevant stakeholders.
The second recommendation is:
… that … the Government consider an additional exception to the offence of entering, or remaining in, an area that has been declared under section 119.3 of the Criminal Code. The exception would apply where:
the person is already travelling to, or is already in, the area on the day on which it becomes a declared area, and
the person leaves the area as soon as practicable, but no later than the period of one month beginning with that day.
The government agrees with this recommendation. The government will consider the proposed additional exception to the offence of entering or remaining in a declared area and will consult agencies and other relevant stakeholders.
The third recommendation is:
… that … the Government consider reviewing the existing safeguards on the Minister for Foreign Affairs' discretion to declare an area under section 119.3 of the Criminal Code. This would include reviewing the Minister's protocol and the list of factors to be taken into consideration by the Minister for Foreign Affairs before declaring an area.
The government agrees with this recommendation. The government will consider reviewing the safeguards that apply to the Minister for Foreign Affairs' discretion to declare an area and will consult agencies and other relevant stakeholders. The government accepts these three recommendations and will consider these matters following passage of the bill and before the next sunsetting of the provisions in 2027.
The committee also recommended:
… that the Independent National Security Legislation Monitor review Division 119 of the Criminal Code, with particular attention to the declared areas provisions and their ongoing necessity within the broader counter-terrorism legislative framework.
The committee recommended that the monitor report its findings in relation to the declared areas offence by 7 January 2027. The government agrees in principle with this recommendation. The government is supportive of this recommendation, noting that the monitor can initiate its own review into this matter.
Finally, the committee recommended that the bill be passed. The government accepts this recommendation. The Intelligence Services Legislation Amendment Bill 2023, which is currently before the parliament, would empower the Parliamentary Joint Committee on Intelligence and Security to review these provisions before they sunset, ensuring that due consideration is given to the continued utility of the provisions. This bill reflects the government's commitment to protecting Australians against the enduring threat of terrorism. I commend the bill to the House.
Question agreed to.
Bill read a second time.