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| Tony Abbott confirms legislation plan to tackle Australians fighting abroad | |
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| Tony Abbott has confirmed his government will bring forward legislation to deal with its current problems prosecuting Australian fighters participating in bloody sectarian conflicts overseas. | Tony Abbott has confirmed his government will bring forward legislation to deal with its current problems prosecuting Australian fighters participating in bloody sectarian conflicts overseas. |
| A month ago the attorney general, George Brandis flagged a radical overhaul of the law that would see Australians visiting Syria or northern Iraq or other conflict zones presumed to be in the country for “no good purpose” – rather than assumed to be innocent. | A month ago the attorney general, George Brandis flagged a radical overhaul of the law that would see Australians visiting Syria or northern Iraq or other conflict zones presumed to be in the country for “no good purpose” – rather than assumed to be innocent. |
| Brandis said on 4 July the government was considering a change to legislation that would see the minister for foreign affairs given powers “to certify that a particular region or a particular conflict within a region is a region for the purposes of the foreign incursions legislation, so that if it is demonstrated that an Australian has returned from that region, there can be a presumption that they were there for no good purpose”. | Brandis said on 4 July the government was considering a change to legislation that would see the minister for foreign affairs given powers “to certify that a particular region or a particular conflict within a region is a region for the purposes of the foreign incursions legislation, so that if it is demonstrated that an Australian has returned from that region, there can be a presumption that they were there for no good purpose”. |
| Such a change would mean any returnees from these regions would have to prove they were not involved in the insurgencies, rather than the conventional practice of people being presumed innocent until proven guilty. | Such a change would mean any returnees from these regions would have to prove they were not involved in the insurgencies, rather than the conventional practice of people being presumed innocent until proven guilty. |
| The prime minister said on Friday the government would have more to say on this proposition “over the next few days”. | The prime minister said on Friday the government would have more to say on this proposition “over the next few days”. |
| But it is understood the cabinet has not yet formally signed off on the package. With parliament now in recess for the winter, the changes cannot be brought before federal parliament until the spring session. It is not clear whether any change to the law would apply retrospectively. | But it is understood the cabinet has not yet formally signed off on the package. With parliament now in recess for the winter, the changes cannot be brought before federal parliament until the spring session. It is not clear whether any change to the law would apply retrospectively. |
| The government was warned in March by the outgoing independent national security legislation monitor, Bret Walker SC, that there were deficiencies in the current legal framework regarding terrorist activity by Australians in overseas conflicts. Walker indicated a significant defect was the capacity for prosecutors to actually use evidence gathered from surveillance in a foreign country without the permission from officials of that country. | The government was warned in March by the outgoing independent national security legislation monitor, Bret Walker SC, that there were deficiencies in the current legal framework regarding terrorist activity by Australians in overseas conflicts. Walker indicated a significant defect was the capacity for prosecutors to actually use evidence gathered from surveillance in a foreign country without the permission from officials of that country. |
| The government has for some time been signaling its intention to “round up” jihadists participating in foreign conflicts. But it has not yet produced the package required to ensure that any prosecutions are successful in cases where people do not self-incriminate by posting evidence of themselves engaging in terrorist activity online. | The government has for some time been signaling its intention to “round up” jihadists participating in foreign conflicts. But it has not yet produced the package required to ensure that any prosecutions are successful in cases where people do not self-incriminate by posting evidence of themselves engaging in terrorist activity online. |
| In the last parliamentary sitting fortnight the government produced its first tranche of national security reforms. That tranche deals with surveillance of computers and computer networks, and also further criminalises the unauthorised disclosure of intelligence material by “trusted insiders”. | In the last parliamentary sitting fortnight the government produced its first tranche of national security reforms. That tranche deals with surveillance of computers and computer networks, and also further criminalises the unauthorised disclosure of intelligence material by “trusted insiders”. |
| The war zones package is anticipated in the next parliamentary session. That package is also expected to remove the current sunset provisions in Australia’s terrorism statute – locking in the regime in perpetuity. | The war zones package is anticipated in the next parliamentary session. That package is also expected to remove the current sunset provisions in Australia’s terrorism statute – locking in the regime in perpetuity. |
| Abbott on Friday declined to go into detail about the next tranche, but he told reporters in Sydney the Coalition would move to keep the community safe “consistent with our traditional principles of justice and freedom”. | Abbott on Friday declined to go into detail about the next tranche, but he told reporters in Sydney the Coalition would move to keep the community safe “consistent with our traditional principles of justice and freedom”. |
| “We do not want people who have been radicalised and militarised to be coming back to this country, not only with a message of hate but with the knowledge and the insights that might enable them to bring some of the horrors of the Middle East back to our country,” Abbott said. | “We do not want people who have been radicalised and militarised to be coming back to this country, not only with a message of hate but with the knowledge and the insights that might enable them to bring some of the horrors of the Middle East back to our country,” Abbott said. |
| The principle of reversing the onus of proof is likely to trouble Australia’s legal fraternity. Civil libertarians are already active in opposing a toughening of Australia’s national security framework to include contentious provisions such as the mandatory retention of personal communications data. | The principle of reversing the onus of proof is likely to trouble Australia’s legal fraternity. Civil libertarians are already active in opposing a toughening of Australia’s national security framework to include contentious provisions such as the mandatory retention of personal communications data. |
| The Abbott government is expected to deal with mandatory data retention later in the year. | The Abbott government is expected to deal with mandatory data retention later in the year. |
| The Greens on Friday expressed concern about the basic legal principle of reversing the onus of proof, and pointed to the potential for unintended consequences. | The Greens on Friday expressed concern about the basic legal principle of reversing the onus of proof, and pointed to the potential for unintended consequences. |
| “There is no question Australia needs to be vigilant against terrorism, but there must be ways to protect Australians from terrorism without overturning the fundamentals of our justice system,” said the Greens’ legal spokeswoman, Penny Wright. | “There is no question Australia needs to be vigilant against terrorism, but there must be ways to protect Australians from terrorism without overturning the fundamentals of our justice system,” said the Greens’ legal spokeswoman, Penny Wright. |
| “As it’s been described so far, it seems this legislation could see Red Cross and other humanitarian workers in declared zones having to face court to prove they are not terrorists. This law could also see Australian journalists reporting from countries like Syria or Iraq presumed guilty of terrorism.” | “As it’s been described so far, it seems this legislation could see Red Cross and other humanitarian workers in declared zones having to face court to prove they are not terrorists. This law could also see Australian journalists reporting from countries like Syria or Iraq presumed guilty of terrorism.” |