Spy agency wants terror laws extended

Our spy agency says the threat of terrorism on Aussie soil could rise during coronavirus pandemic and that new “hot spots” are emerging.

Australia’s spy agency has urged the government to extend counter-terrorism laws set to expire next year, with eight Australians on a watch list set to be charged on their return to home from the Middle East.

It comes as the Australian Security Intelligence Organisation deputy director-general said that the threat of terrorism was “definitely not reducing” with up to 40 per cent of ASIO’s counter-terrorism case load centred on right-wing extremism, up from 15 per cent before 2016.

Laws that can jail Australians for 10 years if they are caught going to areas overseas declared to have terrorist activities are due to expire next September.

Legal experts want the laws repealed because they argue they lack the safeguards needed to protect innocent business people and lawyers who may become caught in conflict.

But federal authorities told a parliamentary committee on Tuesday it was another “tool in the toolbox”, as the threat of violent right-wing extremists grows during the coronavirus pandemic.

“We have eight persons with the only charge … the declared area offence,” Australian Federal Police deputy commissioner Ian McCartney said.

“The key issue is mitigating the threat or the risk of these people returning to Australia without charge.”

AFP deputy commissioner Ian McCartney said the exceptions to this terrorism law were proportionate. Picture: NCA NewsWire/Gary Ramage

Terrorist-area declarations for Mosul, Iraq, and Al-Raqqa, Syria, were revoked after the downfall of Islamic State.

However, only one person had been charged with the offence since it was introduced in 2014.

Mr McCartney said that was because not many foreign fighters had returned from the Caliphate.

Australian Security Intelligence Organisation deputy director-general, Heather Cook, said 80 of 230 Australians who had travelled to conflict zones since 2012 were still in the area.

About 100 were killed and 40 returned to Australia – predominantly before 2016 – and remain of “ongoing concern”.

Ms Cook said the threat of terrorism was “definitely not reducing” with up to 40 per cent of ASIO’s counter-terrorism case load centred on right-wing extremism, up from 15 per cent before 2016.

She warned extremism in weakly governed countries could rise during coronavirus and that new “hot spots” were being watched by the intelligence agency.

“There are hot spots in areas of the Middle East, in areas of Africa, Libia, Yemen, Somalia, certainly watching closely events in Afghanistan, even nearer to our region in southeast Asia, areas of the Philippines are of concern,” Ms Cook said.

She said the spy agency would look at declaring some of these areas under the laws, if the situation evolved.

Law Council of Australia president Pauline Wright wants the laws repealed or amended. Picture: Sean Davey

But Law Council of Australia president Pauline Wright said the declared areas regime was not a proportionate response.

“The criminalisation of a person’s mere presence in an area in a foreign country is disproportionately a blunt instrument,” she said.

“We say that there aren’t any proper safeguards to prevent the criminalisation of someone’s innocent conduct.

“The UK regime has several safeguards which the Australian regime does not which … includes a defence of reasonable excuse.”

The Human Rights Commission also raised concerns that exceptions were “too narrow” because someone could get an exception to visit a parent but break the rule for attending a friend’s wedding in the same area.

It also raised concerns about the limits of freedom of movement.

If the laws are repealed, the eight Australians could still be charged but the offence would not apply to future conflicts.