The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024.
The amendments in the Bill would ensure the continuation of the declared areas offence in section 119.2 of the Criminal Code Act 1995 until 7 September 2027. The provisions are otherwise due to 'sunset' on 7 September 2024. Section 119.2 of the Criminal Code makes it an offence—punishable by up to 10 years' imprisonment—for an Australian citizen, resident or visa-holder to enter or remain in an area of a foreign country that has been 'declared' by the Minister for Foreign Affairs under section 119.3 of the Criminal Code. An area may be declared when the Minister is satisfied that a proscribed terrorist organisation is engaging in a hostile activity in that area.
Exceptions apply for persons who can demonstrate their presence in the area was solely for a specific 'legitimate purpose', such as a bona fide visit to a family member or providing humanitarian aid.
While the declared areas provisions have been an element of the Australian Government's counter-terrorism framework since 2014, only two areas have been declared in that time. No declarations are currently in effect.
The Committee recommended that the Bill be passed, while also recommending that the Government consider strengthening certain exceptions and safeguards within the scheme, prior to 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, which deals with foreign incursions and recruitment, including the declared areas provisions.
Mr Peter Khalil MP, Chair of the PJCIS, said: "The declared areas provisions are an important part of the Australian Government's counter-terrorism framework.
"The ability for the Foreign Minister to declare an area where a listed terrorist organisation is operating enables the Australian Government to respond swiftly to global events and deter Australians from travelling to those locations or joining terrorist activities there", continued Mr Khalil.
"The Committee is satisfied that, since the introduction of the declared areas provisions in 2014, the provisions have been used appropriately and judiciously. The periodic review by this Committee of Australia's counter-terrorism laws, and implementation of its recommendations for ongoing review and improvement to the regime, should assure Australians that the laws continue to be necessary and proportionate."
