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Thursday, 3 December 2015
Page: 9933

Senator MOORE (Queensland) (21:26): Labor does not support this amendment put forward by Senator Leyonhjelm. We have consistently said that we accept the need to update the longstanding provision in the Citizenship Act that strips Australian citizenship from dual nationals fighting in the service of a foreign enemy. The need to update the provision has arisen from the existence of non-state belligerents like al-Qaeda and ISIS. It cannot be assumed that the existence of these movements is a short-term phenomenon, and Labor strongly does not accept the notion that the bill's provisions should have a limited life.

We have, however, supported review measures already included in the bill on the recommendation of the Parliamentary Joint Committee on Intelligence and Security. I know Senator Leyonhjelm knows these provisions, but I will put them into the record. The joint committee will monitor and review the role of the Department of Immigration and Border Protection in implementing the bill's provisions. The minister must advise the joint committee when issuing a notice of loss of citizenship. The Independent National Security Legislation Monitor will review the revocation of citizenship by 1 December 2018. The joint committee will undertake a full review of the revocation-of-citizenship provisions by 1 December 2019.

I remind senators that Labor established the Office of the Independent National Security Legislation Monitor in 2010. The monitor's role is to review the operation, effectiveness and implications of Australia's counter-terrorism and security legislation. That includes considering whether the laws contain adequate safeguards for protecting the rights of individuals, whether the laws remain necessary and, if so, whether the responses they allow are proportionate to any threat.