The national Parliamentary Joint Committee on Intelligence and Security Recommendations has released its report on the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023.
The Bill would establish new offences in the Criminal Code for publicly displaying, and trading in goods that bear, prohibited Nazi or Islamic State symbols; and implement other measures relating to counter-terrorism offences and the listing of terrorist organisations.
The Committee's recommendations are as follows
1 that the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 be amended to remove the Islamic State flag from the definition of a prohibited hate symbol. The Committee further recommends that the Government give consideration to establishing a new offence that would prohibit the public display and trade of symbols associated with terrorist organisations.
2 that the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 be amended so that the offence provisions for the trading of items bearing a prohibited symbol do not come into force for a period of 6-12 months, so that collectors have a window in which to dispose of part or all of their collections if they so wish.
3 that the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 be amended to extend the journalistic purpose exemptions in sections 80.2H(9)(b) and 80.2J(5) include editors, producers and others involved in the news and current affairs reporting process.
4 that the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 be amended so that the journalistic purpose defence in section 474.45D(1)(e) include editors, producers and others involved in the news and current affairs reporting process.
5 that the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 be amended to clarify that any report by this Committee in respect of terrorist listings under the Criminal Code be presented to the Parliament.
6 that, subject to the amendments recommended in this report, the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 be passed by the Parliament.
