Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025

Mr ROB MITCHELL (McEwen) (17:00): I rise proudly to support the Criminal Code Amendment (State Sponsors of Terrorism) Bill. Abhorrent acts of terror are the scourge of the 21st century, and entities that sponsor such hate must be treated appropriately. It's currently drafted that only non-state actors can be specified by regulation as a terrorist organisation.

This government is taking action to adjust the framework to reflect the capacity for state sponsorship of terrorism. A terrorist designation carries a lot of weight. It's a serious criminal offence to be a member of, to recruit for and to provide financial support for sponsors of terrorism.

It is a statement that an actor has taken or planned actions to harm Australians or Australian property. These are serious matters that need to be dealt with firmly by the law. Since the terrible events of 7 October 2023, we have witnessed appalling antisemitic attacks against Australia's Jewish community.

Our intelligence and law enforcement agencies have worked tirelessly to understand the nature and the cause of these acts, and their commitment to this task must be commended. By late August, enough credible intelligence had been gathered and a deeply disturbing conclusion was reached: the Iranian government had directed at least two of these attacks on Australian soil.

Iran has sought to disguise its involvement, but ASIO assesses it was behind the attacks on both the Lewis' Continental Kitchen in Sydney in October last year and the Adass Israel Synagogue in Melbourne in December last year. ASIO assesses that it is likely Iran directed further attacks as well. In the wake of these attacks, we are left with damages in the millions, with Jewish people around the country feeling uncertain, frustrated and scared.

An attack on Australians is an attack on Australia. We cannot forget that so many Australians derive identity from places of worship. When they are turned to ash, people feel a deep and personal impact.

We are acting for these Australians. I have a personal commitment to see this legislation passed and, beyond it, to see justice and peace for the people of Australia and for the people of Iran. The revelations of these Iran sponsored attacks have only served to reinforce my support for bringing about a free Iran.

I have long been on the record encouraging the peaceful transition to a just government in Iran and for the Iranian people. My voice is one of many around the world calling for justice, human rights and a democratic Iran. I strongly condemn the executions that are still taking place in Iran, and I add my voice to the many who are rightly calling for these deaths to stop.

We all know war is not the answer, nor is appeasement. The people of Iran need to have a peaceful transition to a democratic Iran, led by patriotic and courageous Iranians focused on justice, human rights and freedoms. Iranian people deserve free and fair elections, the freedom to practise their faith without hindrance and the ability to build their lives in the way they see fit.

I want to take some time to talk about one very brave Iranian lady that I know. Fahimeh is someone who has been fighting so much to see the IRCG put in its place. These are Fifi's very harrowing words: … (A)s you know, our past truly never leaves us.

Whether sweet or bitter, it remains like a vivid, unforgettable dream that follows us wherever we are in the world. Many people—from First Nations Australians to migrants of all backgrounds—have often asked me: "Why are you here? How did you come to Australia?" These questions have always taken me back through my memories—to the pain and the suffering my family and I endured.

The 27 years of longing to see my siblings even once; the loss of my mother, who passed away before she could meet my only son; (I) my lost my childhood, when at the age of 14 I was imprisoned for four years, enduring physical, mental and sexual torture behind bars … until the day my 20-year-old brother was executed by the Revolutionary Guards simply for reading a newspaper.

I fled my homeland—escaping the hands of the regime's forces—and after thirteen long days and nights riding a camel through the desert to Pakistan, suffering from fever and exhaustion, and spending everything my family could gather for my survival ... I finally reached safety. Eventually, I presented myself to the United Nations, was granted refugee protection.

And, after three years of hardship, I received the greatest news of my life—that the angels of this heavenly land, Australia, had accepted me to enter their country. It felt like being born again. Over time, I learned to adapt to this new system and this new life.

This country taught me the principles of modern life—equality, freedom, and human rights—especially the equality between women and men. I learned that rights are not given; they are taken. I no longer felt like a second-class citizen.

I told you then (when we first met) about my homeland, Iran, and the hardships I had endured. I still remember how difficult it was for me—my throat was tight with emotion, and my lack of confidence in a second language filled me with stress. But you encouraged me, and in that moment, I mentally compared your compassion and conduct—as a lawmaker—with those who hold similar positions in Iran.

The contrast could not have been greater. I realised then that it would be a mistake to even compare the two systems. But I also realised something else: that I must act.

I must break the silence. I must be the voice of my people. I must speak for all those women who, during my years of imprisonment, were taken from their cells at night—raped by the Revolutionary Guards under the religious fatwas of Iran's clerics—and then executed so that they would not die as virgins and "go to heaven." That one example alone shows the cruelty and inhumanity of the Revolutionary Guards.

The world has witnessed their political and military violence across the Middle East, their involvement in trafficking drugs, weapons, and money, their support for terrorist groups, and their campaigns of fear, abduction, and hostage-taking." There are not many people that you would get to meet that are as brave as Fifi, and I'm so proud and honoured to be able to call her a friend.

What we've seen of the IRCG on our own shores is extraordinary and dangerous acts of aggression orchestrated by a foreign nation. They aim to attack our society, create fear, stoke internal divisions and erode social cohesion. This was the first point where this government had the information to make a call, and we did not waste time.

The Iranian ambassador to Australia was expelled from the country, and Australia suspended its operations with its embassy in Tehran. We made things clear: we do not negotiate with terrorists. The government publicly committed to amend the Criminal Code to allow the listing of state entities as terrorist organisations.

This is that amendment. In this bill, we lay out the process for prescribing an entity as a state sponsor of terrorism. To prescribe an entity as a state sponsor of terrorism, the minister responsible for the AFP needs to be satisfied on reasonable grounds that the entity has 'directly or indirectly engaged in, prepared, planned, assisted in or fostered the doing of a terrorist act that was targeted at Australia or advocated the doing of a terrorist act targeted at Australia'.

Terrorist acts targeted at Australia include an act that occurs in Australia, an act that occurs overseas and harms Australians and an act that occurs overseas and harms Commonwealth property—for example, an embassy. The bill is appropriately balanced to ensure that the listing of a state sponsor of terrorism corresponds with Australia's national security interests.

The Attorney-General put it best: 'The government has taken the necessary time to get the framework right, working constructively across portfolios and across jurisdictions to establish a robust scheme that is appropriately balanced and targeted.' Schedule 1 of the bill will create a new part of the Criminal Code to deal with state sponsors of terrorism and state sponsored terrorist acts.

We want to set a deterrent through imposing strong penalties so that we can continue to protect Australians. The bill will provide relevant definitions for part 5.3A and its offences. It outlines a framework through which a state entity could be prescribed by regulation as a state sponsor of terrorism.

It clearly outlines the penalties at the most serious end of the spectrum, displaying this government's commitment to stamping out serious criminal actions. This conduct poses severe threats to the Australian people and to the places they go as well as to society itself—conduct such as providing or receiving training connected with state terrorist acts; possessing things connected with state terrorist acts; collecting or making documents likely to facilitate state terrorist acts; and other acts done in preparation or planning for state terrorist acts.

It also introduces a range of other offences—not created on a whim but closely modelled on the existing parts of the act for non-state terrorist entities. The bill will make it an offence to finance state terrorist acts targeted at Australia, carrying a maximum penalty of life in prison. In recognition of the state entities that are distinct from non-state actors, the bill provides general defences for some offences under the act.

The government recognises that individuals may be required to engage with a listed state sponsor for a legitimate purpose, owing to the nature of states' sovereignty over their citizens—for example, where a person has to comply with a court order or specific laws in a country, such as the requirement to pay a tax, fee or fine; perform an official function or duty for the Commonwealth, a state or territory, the United Nations or the International Committee of the Red Cross; or obtain a service provided by a state sponsor of terrorism or engage with the entity in relation to the service, if the service does not relate to state sponsored terrorism and could not reasonably be obtained from another person or body.

This recognition grounds the bill in the real world. We don't condemn innocent people for having to deal with these entities for lack of alternatives. However, when there is illegitimate collaboration with a state sponsor of terrorism, they will feel the full force of the law.

The bill will make consequential amendments to a series of Commonwealth legislation. This will ensure consistency with the treatment of terrorist organisations and terrorist acts. Schedules 2 and 3 ensure that the existing ways that we deal with terrorism are extended to state sponsors.

National security is the first and foremost concern of the Australian government. While state entities may be constituted differently from other terrorist actors, the threats they pose to the safety of Australians, our society, our values and our interests are the same. The bill ensures that our law enforcement and intelligence agencies have the power necessary to respond to, prevent and manage terrorist threats.

Schedule 4 will make further amendments to the Criminal Code and ensure consistency in the way we deal with symbols of terrorist organisations. This is in line with our wider objective of helping Australians feel safe. The display of terrorist and hate symbols only serves to stoke fear and divide us.

The bill will clarify what terrorist organisation symbols are—prohibited regardless of whether they identify part of or the whole terrorist organisation. We know that state sponsors use various symbols to represent parts of the whole, and we are legislating to prevent their use. The Albanese Labor government is committed to governing for all Australians.

Good governance should be smooth during peaceful times and meaningful when times are tough. In the wake of Iran's antisemitic attacks, we are acting swiftly and with resolve. No business owner should have to rebuild their life's work from scratch.

No person of faith should have their beliefs ruthlessly attacked. Earlier this year Australians placed their trust in a Labor government to guarantee national security. While those opposite beat their chests without the commitment to back up the bravado, we are delivering.

Terrorism isn't an issue of partisanship; it's an issue of sovereignty. It's something that affects us all. The bill is for everyone to feel safer at work, in faith and in society.

For a nation of people that want a brighter, more secure future, we will provide that. I want to thank all those from the Iranian community that have spoken to me about this over a long period of time and shared their thoughts and their knowledge of what's happening. This is a result of their advocacy as well.

To Diego, Fifi, David and all those that have come and seen me and have come here and made representations over a long period of time with different governments, I say thank you for your continual work in doing this. In doing so, I commend this bill to the House.