Foreign fighters bill passes Senate

The government's foreign fighters bill which imposes a possible prison term for travelling to terrorist no-go zones has passed the Senate.

jihadist kurdish fighters foreign file stock
Spy agencies will soon get more powers to stop Australians going overseas to fight with terrorist organisations after the Senate passed the government's second set of draft national security laws.

The government legislation prohibits travel to terrorist hot spots without a valid excuse and makes it illegal to promote or encourage terrorism.

Visiting a no-go zone designated by the foreign minister is punishable by 10 years in prison.

The bill passed the Senate on Wednesday with bipartisan support, after the government agreed to multiple amendments recommended by a bipartisan joint parliamentary committee. The bill now heads to the lower house.

The amendments implement a number of safeguards, including removing the ability to declare an entire country a terrorist zone.

They also sunset several of the measures, including powers to hold suspected terrorists without charge for 14 days and search and seizure powers, to expire in four years instead of 10.

The government also scrapped the power to retain biometric data such as fingerprints and iris scans into the future.

Labor has taken credit for the "substantive" changes to the bill.

However, a recommendation for the government to define the words "promote" and "encourage" in relation to terrorism did not appear in the changes.

A Labor spokeswoman told AAP the opposition was concerned the potential scope of the words could capture behaviour not related to terrorist activities.

Labor failed to amend the bill to exclude people from that crime if they are engaging in good faith public discussion of any "genuine academic, artistic, scientific, political or religious matter".

Senator Brandis said it was not for the parliament to define "every single imaginable instance".

"This is not about freedom of expression. It is about advocacy of terrorism," Senator Brandis told parliament.

"Preventing young people becoming radicalised by measures such as this is absolutely critical."

Liberal Democratic Party senator David Leyonhjelm decried the bill, saying "giving away freedom for security is like giving your possessions to a thief so you won't be robbed".

He was one of 12 senators, including the Greens, who opposed the bill.

The Greens are concerned the bill impinges on the rights of ordinary Australians and restricts freedom of expression and movement.

"Over time we will come to fully realise the freedoms we have traded away," Greens senator Penny Wright told parliament.

The laws stipulate a "legitimate business" list of seven excuses, including aid work, journalism, official government travel or visiting family members.

Labor failed to change the list to encapsulate a broader range of excuses.

The government extended the hours of the Senate and cut debate short to enable the legislation's urgent passage through the upper house.

The bill still has to go through the House of Representatives, where its passage is all but guaranteed.

A third suite of laws to enable the collection of metadata is expected to be introduced next year.


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