Counter-Terrorism Legislation Amendment Bill 2023
Transcript
Date: 29 November 2023
TRANSCRIPT
Ms WARE (Hughes): I rise to speak on the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023. At the outset, this legislation refers to prohibited hate symbols. I thought it helpful to first consider the importance of symbols in our community and to a society overall. Symbols are used to define groups. Symbols are a unifier; they convey immediately recognisable meanings that are shared by societies. Symbols create and communicate the values and traditions of a country, a group, a club and, indeed, a world. Think of some of our most iconic Australian symbols: our coat of arms; our Australian flag; the Southern Cross; the celebratory green and gold of our national sporting teams; the black, red and yellow of the Aboriginal flag; the baggy green of our Australian cricketers; a sprig of wattle; and the slouch hat of the Australian digger. These are all symbols that are very important to Australians and reflect our way of life. They are also immediately recognisable and immediately bring to mind a particular value unique to Australia.
Then we have internationally recognised symbols: the peace sign, the red cross, yin and yang and the love heart—again, all instantly recognised and instantly bringing about a certain feeling when those symbols are seen. However, in 2023, just as we have some powerfully beautiful symbols, world history and culture have also delivered some symbols that have generated—and continue to generate—hatred, violence and genocide. I'm referring particularly to Nazi symbols. In the 1930s in Germany, these symbols provided a rallying cry which united and incited ordinary people to support wholesale antisemitism. Ultimately, these symbols assisted to establish a regime that murdered six million Jewish people.
In the modern era, terrorists and extremist groups use hate symbols to generate, support, incite and commit terrible acts of violence. In our modern era, a lot of the transmission of these symbols is done through the internet and is radicalising our younger people. As a result of this, several states and territories—most, in fact—throughout Australia have introduced legislation, and private bills have also been introduced at the Commonwealth level to try to counter this proliferation of the communication of hate symbols.
The purpose of the bill, broadly, is to amend the Commonwealth criminal laws to introduce new offences relating to extremist or terrorist behaviour and to amend some existing laws relating to that behaviour. Its main purpose is to introduce offences relating to the displaying or trading of hate symbols such as Nazi symbols and the Islamic State flag. This follows the introduction and discussion of similar offences throughout Australia. I note there's been very widespread consultation on this bill as well.
The bill also includes amendments relating to the use of a carriage service for violent extremist material and to broaden the scope of the offence of advocating terrorism. The bill will also change the way that organisations already listed as terrorist organisations are being delisted. The bill's stated intention is to complement state laws and extend to matters where the Commonwealth has particular responsibilities, including those with respect to trade and the online environment.
It is noted that, since 2022, New South Wales, Victoria, Tasmania and the ACT have legislated offences for publicly displaying Nazi symbols, while Queensland and South Australia have similar bills before their parliaments. Western Australia has similarly announced an intention to introduce such legislation. In particular, I commend the work that has been done in this place and by my friend the member for Berowra, who, in May of this year, introduced a bill that similarly sought to prohibit and criminalise the public display of Nazi symbols. This also included the making of the Nazi salute. I note that that provision has not made its way into this bill, but it has been indicated that using the Nazi salute will remain in the jurisdiction of the state and territory police services. It's also heartening to see that there have been several other countries internationally that have brought in similar legislation, including Germany, France and Austria.
I'll get to the particulars of the legislation. There are four schedules that will seek to amend the existing Commonwealth Criminal Code. First, and most importantly, it is now a new criminal offence—
A division having been called in the House of Representatives—
Proceedings suspended from 11:49 to 11:59
Schedule 1 establishes a new criminal offence for the public display of prohibited Nazi and Islamic State symbols. It also makes it an offence to trade in goods that bear a prohibited Nazi or Islamic State symbol.
Schedule 2 establishes a new criminal offence for using a carriage service for violent extremist material and possessing or controlling violent extremist material obtained or accessed during a carriage service. As I said earlier, in these days when we are unfortunately seeing through the internet a lot of radicalisation of younger people, this is a particularly important new offence and a particularly important new power that will be given to our Commonwealth law enforcement officers.
Schedule 3 expands the existing offence of 'advocating terrorism' to include instructing on the doing of a terrorist act and praising the doing of a terrorist act in specified circumstances. It also, importantly, increases the maximum penalty for the 'advocating terrorism' offence from five to seven years imprisonment.
The fourth schedule removes the sunsetting requirement for instruments which list terrorist organisations. That's particularly important because at the moment we have a situation where terrorist organisations are listed but are then automatically taken off that list after a three-year period. This provision requires the minister responsible for the AFP to actually take steps to remove an organisation from the terrorist organisation list as soon as practicable in circumstances only where the minister has formed the view that an organisation no longer meets the terrorist-listing threshold. Again, that is another important safeguard that has been put into this legislation.
The bill does contain carve-outs. It contains broad exemptions for the display of a prohibited symbol where there is a religious, academic, educational, artistic, literary or scientific purpose and the display is not contrary to the public interest. This is important, particularly with regard to our education establishments.
The bill, overall, sends a very strong signal to extremists and terrorist groups that Australia is strong and resolute in stamping out hate symbols and, by extension, extremist behaviour and terrorist groups, including the behaviour which those groups seek to incite. The bill will not in any way impede Australians' freedom of religion and freedom of worship, and nor should it.
We live in the most successful multicultural country in the world. Thousands and thousands of people arrive in Australia every year to enjoy the freedoms and the peace that Australia offers. Many of these people have fled from countries where extremists and terrorist groups proliferate, often largely unchecked. This is not the sort of life that we want here in Australia. That is why this is a very good bill. It is sending a message that Australians want to maintain their existing way of life and not the way of life of people who are conveying these symbols. The bill is a further step in safeguarding this way of life. Symbols used to incite hatred, loathing and violence are unacceptable, particularly in our country.
I commenced this speech by speaking of symbols of peace, love and those that embody the Australian spirit and way of life. It is hoped that a bill such as this, when it becomes legislation, will send the message that they are the symbols that we wish to see. Let us see more symbols like the dove of peace or our sprigs of wattle, rather than symbols that convey hatred and loathing. This bill, overall, will assist our Commonwealth law enforcement officers to deal with radicalisation and to deal with the advocacy of terrorism and incitement to violence. For all of those reasons, I commend this bill the House.