Tony Burke
Watson · Australian Labor Party · Australia
“People smugglers want there to be footage of Australian voices claiming that people smuggling will work, and those opposite are providing it. The second thing that people smugglers want is access to information.”
“I think it's fair to say that that sort of respect is ordinarily there regardless—it's nothing to do with the gravity of the issue. It's just an acknowledgement that each of us is one out of 150, to make sure that we are conscious that, if everybody acted the way we might want to act in a particular moment, the House could itself become u…”
“on indulgence—When the government seeks to have a debate management motion, there's always discussion in the House as to whether or not that is reasonable. In order for us to make sure that we can respect all 150 members of the parliament, there are a number of things that members ordinarily do.”
“Let me start with this: anyone who saw last night on the news that a number of people had tried to enter our country without a visa should know that, by the time they woke up this morning, every single one of them had been removed from Australia—every single one.”
“I thank the member for Leichhardt. I acknowledge the strong role that the member for Leichhardt has had in combating foreign fishing and, in particular, in calling for the work of Border Force that's up there now in Operation BROADSTAFF.”
“This is an amendment about who the deputy chair should be and whether they should be a member of the opposition. The deputy chair of the committee is a member of the opposition; it's Senator Dean Smith.”
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“The Leader of the Opposition, from the moment she came into office, has been juggling on a tightrope without a net, while, below her, the extreme right are engaging in a knife-throwing event. The member for Canning is no longer a lion tamer. He's broken out of his cage, wandering along the back rows, working out who to attack. The member for New England is the human cannonball of the parliament. In sideshow alley, there are those booths where the kids can look and say, 'Are those Nationals real?' You get outsiders at every single circus. There are food stalls with cookers as far as the eye can see. But the ringmaster isn't in the parliament. Every night they go back and turn on their TV sets once it's dark, and the ringmaster tells them everything to believe.”
“Every one of these measures, again, was supported by this side of the House and opposed by those opposite. I am asked if there other approaches to delivering on the cost of living. While this side is focused on delivery, that side is focused on division. The description of them used to be and was given iconic status—you will remember, Mr Speaker—by Scott Morrison when he described them as a 'muppet show'. They've gone one step up this week, with Jacinta Nampijinpa Price describing them as a 'clown show'. From broad church to circus tent, those opposite are providing the light entertainment on the hill. We are never quite sure if the clown show is going to have a scary clown, like Pennywise of Stephen King's It , or whether they're just going to provide Bozo.”
“I thank the member for Deakin for the question—someone who is delivering for Deakin in a way that hasn't happened for that electorate for a very long time. This term, through legislation in the parliament, the Albanese Labor government has cut student debt by 20 per cent. Through legislation in the parliament, we are delivering on cheaper medicines. Through legislation in the parliament, we are protecting penalty rates. Every single measure supported by this side of the House was opposed by those opposite. Only this week we have introduced further cost-of-living relief on freezing the beer excise and on payday superannuation and, building on what was done in the House last term, on tax cuts, on getting wages moving, on energy bill relief, on free TAFE and on building more homes.”
“What is hidden behind what the Leader of the Opposition is saying right there is that she is suggesting—and maybe this is part of them being the party of robodebt—that one of the options in front of the government was to not obey Australian law. Australian law has been followed, no more and no less. A small number of these individuals have returned to Australia. A much larger number of them returned under those opposite. Those who returned under those opposite, to give a complete comparison with the example just provided by the Leader of the Opposition—”
“I am glad that the Leader of the Opposition has raised this so I am able to deal with it directly and personally after some of the claims that were made by Senator Paterson in Senate estimates yesterday. Everything that was just described as 'assistance' by the Leader of the Opposition would have been an offence for the government to not do. Under the Citizenship Act, once someone applies, there is an obligation to make a decision according to law. Under the laws governing passports, if someone is eligible for a passport and applies to one of our embassies, there is an obligation for them to be provided with one. These individuals received what they were entitled to by law—no more and no less.”
“And every conversation that you would expect that I, as the Minister for Home Affairs, would have with those security intelligence agencies about making sure Australians are safe is, you are guaranteed, happening, and our agencies are working with the professionalism you would expect.”
“While the discussion has been about women and children who have recently returned, those who returned under those opposite—and this is in their own words, from a question on notice—include 'some who fought for ISIL, a few who had joined other Islamic extremist groups, others who provided support to ISIL', who returned in exactly this way. That's referred to as being part of a group of around 40 people, in answer to a question on notice that those opposite appear to want to forget. But the thing that is consistent throughout all of this—and this is why I'm glad the member for Fowler has raised it—is that our security agencies are constantly engaged.”
“And this is not the first time Australian citizens who made that decision have returned. When Australian citizens seek to return to Australia they are able to do so. There have been two times that there were repatriations, one under this government and one under the previous government. But there have also been repeated occasions where people have returned of their own volition. Those opposite seem to have forgotten the number of people who returned to Australia of their own volition in exactly this way while they were in office.”
“I thank the member for Fowler for raising this issue in the House. Those opposite had given the impression in the media that they were going to raise the issue, but once they got in here they appeared for some reason unwilling to do so. Perhaps I could start with this principle. First of all, as the Prime Minister has made clear, there has been no repatriation. So, for the member for Fowler, when the end of that question refers to the government 'settling people'—the government is not settling people; the government is not involved in settling people. We have a situation where we have a number of Australian citizens who made a terrible decision, an absolutely dreadful decision, to go off and join others who were involved in what has been described as one of the most horrific organisations the world has seen.”
“Before the doors are locked, I seek leave—everybody is supportive of this—to call the division off. Leave granted; question agreed to. Original question agreed to. Bill read a second time. Message from the Governor-General recommending appropriation announced.”
“Any applicant who applies under the special residence requirements will also continue to be required to meet all other relevant legislative requirements under the Citizenship Act to be approved to become an Australian citizen, including: This legislation will ensure there is appropriate flexibility for applicants for Australian citizenship to participate in, for example, overseas training that may be required as part of their specified activity, while still spending sufficient time in Australia to understand the nature of Australian citizenship and the Australian way of life, and to call Australia home. I commend this bill to the chamber. Debate adjourned.”
“To continue to reinforce the importance of presence in Australia as a way of understanding the Australian way of life and the commitment made through the citizenship pledge, the applicant will still be required to provide an undertaking they will be ordinarily resident in Australia for two years immediately after they became an Australian citizen. The bill also makes consequential amendments of other provisions of the act, including associated revocation provisions, to reflect the changes to the undertaking.”
“This is resulting in a significant missed opportunity for Australia to harness the significant contributions a person could make in terms of: The amendments in Schedule 2 will address this by allowing the minister to exercise the minister's personal power to determine that an applicant for Australian citizenship meets the special residence requirement without needing to be present in Australia for at least 180 days during the period of two years immediately before they made an application. The bill also makes a related amendment to remove the requirement that the applicant provides an undertaking that they will be present in Australia for a total of at least 180 days during the two-year period after acquiring Australian citizenship.”
“Currently under section 22A(1A) of the act, the minister has a personal, non-compellable power under the special residence requirement in relation to specific activities, where the minister considers that the person engaging in a specified activity would be of benefit to Australia. These activities are specified in a disallowable legislative instrument made for the purposes of the provision—and include a range of sporting competitions, including the Olympics, Paralympics, international tennis or cricket matches. However, in some cases, current provisions have failed to provide for the increased overseas training requirements associated with certain sports.”
“The amendments in schedule 2 to the bill will address residency barriers to Australian citizenship for persons who are engaging in an activity of benefit to Australia, and who are seeking to become an Australian citizen, but whose overseas absences relating to this activity impact their ability to meet the current general, special or alternative residence requirements. The amendments will provide the minister with the discretion, under the minister's personal power, to determine that an applicant for Australian citizenship meets the special residency requirement under section 22A of the Citizenship Act, without needing to be satisfied they have been present in Australia for at least 180 days during the period of two years immediately before the day they make their application.”
“This is a commonsense amendment, to make clear that an image of a face and neck (that didn't also include the person's shoulders) is appropriately a personal identifier for the purposes of the legislation. The amendments are clarifying amendments and will not result in any penalties or disadvantage to those who have previously provided facial images. Special residence requirements for citizenship The bill also the Citizenship Act to amend the minister's personal, discretionary power to determine that a person meets special residence under section 22A of the act.”
“The provisions also expressly allow for a SmartGate or the department to derive a photograph or other image of a person's face, in circumstances where more of their body is captured. For example, if a person presents to a SmartGate and the original image includes their upper body. Importantly, the amendments in schedule 1 do not expand on the current collection of facial images or existing powers to collect them—the amendments simply clarify what constitutes a facial image. The collection and use of facial images is a longstanding feature of Australia's immigration and border management processes and systems. The amendments in schedule 1 therefore also validate past actions taken by the department in relation to facial images collected under the Migration Act and Citizenship Act as in force at the relevant time.”
“Modernising terms and definitions in the legislation for facial images, and bringing them into line with agreed international standards—instead of using outdated terminology—provides greater certainty for the Australian government and individuals going forward regarding a capability that underpins the integrity of the migration system. Schedule 1 to the bill clarifies what constitutes a facial image. It also introduces provisions that clarify how a person's photograph or facial image is provided to a SmartGate or the minister under the act. These amendments will ensure that the department has clear legislative authority to collect what is required for biometric matching purposes, with flexibility reflected in the legislation to align with modern technologies.”
“The amendments will ensure the department collects only what is required for biometric matching purposes. This includes clarifying the collection of facial images by authorised systems such as SmartGates, or through an online application. The amendments in schedule 1 will ensure the department has express authority to collect and verify facial images whether that image is of a face, face and neck or face and shoulders—in line with international facial image standards and practices in current biometric technology.”
“This supports the Australian Border Force to manage increasing numbers of travellers entering Australia without the need for significant increases in ABF officers. The security benefits and efficiency of biometric facial images enable Border Force to focus the efforts of its officers on identifying persons of interest, protecting the Australian community and enabling legitimate travel and trade. The last major changes to the department's collection of biometrics were made by the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015. Since then, the international standards have evolved and biometric technologies for facial images have advanced. The amendments in schedule 1 to this bill will modernise and clarify the provisions of the Migration Act and Citizenship Act that enable the collection of facial images.”
“They enable the department to identify individuals who have committed serious crimes in Australia or in partner countries, and prevent the return of certain individuals who have previously been refused a visa, placed in immigration detention, or removed or deported from Australia. The collection and use of facial images also support efforts to prevent identity fraud in visa and citizenship application processes, and mitigate the risk of human trafficking. Facial images are also an important part of efficient and secure immigration clearance at the Australian border. Biometric facial images are used by SmartGates to automate immigration clearance at our major international airports. Approximately 70 per cent of travellers are currently immigration cleared by SmartGates.”
“I move: That this bill be now read a second time. The Home Affairs Legislation Amendment (2025 Measures No. 2) Bill 2025 amends the Migration Act and Citizenship Act to clarify provisions relating to personal identifiers, and particularly requirements in relation to facial images, to ensure they align with international standards and current biometric technologies and practices. The bill also amends the Citizenship Act to address certain residency barriers to Australian citizenship for persons who are seeking to engage in a specified activity that is of benefit to Australia, and who need to be an Australian citizen in order to engage in that activity. Personal i dentifiers The collection of biometric facial images assists the department to mitigate identity fraud, and national security and community safety risks.”
“Documents are tabled in accordance with the list circulated to honourable members earlier today. Full details of the documents will be recorded in the Votes and Proceedings . Documents made parliamentary papers.”
“I thank the Commissioner of the Australian Federal Police for staying the whole way through question time. That's going above and beyond. These documents are tabled in accordance with the list circulated to the honourable members earlier today. Full details of the documents will be recorded in the Votes and Proceedings .”
“Commissioner, in your time in this role, you have overseen the work of the Federal Police in child protection, counterterrorism, transnational serious and organised crime, cybercrime, foreign interference, our engagement around the world and the Pacific and the personal protection role that is so significant to the members in this place. Today as a parliament, Commissioner Kershaw, we honour you. The parliament acknowledges that Australians are safer because of your leadership, and we thank you for your service.”
“I hope to be able to have them in the parliament today, but, true to form, they went straight back to work first thing this morning—back to Vanuatu, back to northern New South Wales. But I do want to acknowledge that we have in the gallery the Commissioner of the Australian Federal Police, Reece Kershaw. By the time parliament resumes after today, the AFP commissioner will be Krissy Barrett, so this is our last chance to be able to acknowledge as a parliament the extraordinary work of Reece Kershaw. He retires on 4 October to spend time with his family, including his new granddaughter Tulsi and two-year-old grandson Jarrah.”
“Every day, our police put themselves in the service of the community. They put themselves on the line, and that's the spirit of courage and selflessness that is the mark of every man and woman from the moment they make the choice to enlist. Last night, many members of the House joined in attendance of the National Police Bravery Awards. Two AFP officers—Sergeant Aaron Cox and Inspector Peter Murphy—were honoured for their work in the Vanuatu earthquake, and three members of the New South Wales Police Force—Sergeant Daniel Cooper, Senior Constable Adam Davis and Senior Constable Joshua Naughtin—for their work in the Manning River floods. These officers all went above and beyond to save lives and have demonstrated exceptional bravery and commitment.”
“I thank the member for Richmond for the question, and, in doing so, I acknowledge her service in the police force and also acknowledge the members for Tangney, Wide Bay and Cowper, all of whom have served. 29 September marks National Police Remembrance Day, an important day where we pay tribute to the courageous officers who've lost their lives in the line of duty. While loss of life is always a tragedy, there's a huge chasm left when we know that the person we've lost chose to put themselves in harm's way to protect the rest of us. The unspeakable violence committed against officers in Tasmania and Victoria—Constable Keith Anthony Smith, Detective Leading Constable Neal Thompson and Senior Constable Vadim de Waart-Hottart, as well as a detective who's still recovering from serious injury—has shaken us as a nation.”
“I want to thank the shadow minister for those words and acknowledge that, while it's the police who we honour today, they're not the only members of this House who have previously put their lives on the line in a uniform. I move: That further statements on Police Remembrance Day, 29 September, be permitted in the Federation Chamber. Question agreed to.”
“There are police officers engaged in extraordinary work getting to the bottom of and working out how to deal with transnational, serious and organised crime, but the common thread through all of this is that they put themselves at risk to keep us safe. On 29 September, we pause to acknowledge those who have committed their lives to the service of our community and who died trying to make our country a safer place for all Australians and, as a parliament, we honour them.”
“Our law enforcers work tirelessly in challenging situations to ensure the safety and protection of Australians and our way of life. Their work goes way beyond the ordinary concepts that we might have—which is still extraordinary work—of policing and community policing that, as local members, we deal with every day. There are also police officers every day, having to dedicate their work to look at some of the most horrific images that we could imagine. There are officers who are playing roles around the Pacific and around the world in helping to improve the police capacity of other police forces.”
“They proceeded to rescue five people from two locations, including three elderly residents at the second location, one of whom was trapped in a roof cavity. Senior Constables Davis and Naughtin brought these five residents to safety in near darkness and worsening weather, against the current of the floodwater. They were presented with their National Police Bravery Awards in recognition of acting well beyond their duty by knowingly entering life-threatening conditions to save others and by conducting rescues when no other agency could. They undoubtedly saved lives and demonstrated exceptional bravery and commitment. This tenacity and commitment of police force members and law enforcement partners allow our policing community to continue to achieve substantial operational results, maximising their impact on the criminal environment.”
“Sergeant Daniel Cooper, Senior Constable Adam Davis and Senior Constable Joshua Naughtin of the New South Wales Police Force were also recognised for their bravery in response to the Manning River in Taree in May of this year. These three officers rescued 38 people across multiple locations, and these rescues were nothing short of extraordinary. One man was rescued by Sergeant Cooper and Senior Constable Davis after spending four hours in neck-deep water. At another location, a family of five was rescued from the second storey of their home amid live powerlines in the floodwaters. Perhaps the most extraordinary of them all, in conditions so extreme that the State Emergency Service and PolAir were not able to assist, Senior Constables Davis and Naughtin launched their own flood rescue boat.”
“Just last night I had the honour of presenting the National Police Bravery Award to two Australian Federal Police officers and three members of the NSW Police Force. Sergeant Aaron Cox and Inspector Peter Murphy of the Australian Federal Police were recognised for their incredible acts of bravery in response to a magnitude 7.3 earthquake in Port Vila while stationed in Vanuatu. Both Sergeant Cox and Inspector Murphy repeatedly entered a collapsed building in which many people were trapped. They made the conscious decision to stay and treat casualties, apply makeshift medical aid and evacuate victims, all while they believed a tsunami was imminent. Their selflessness, courage and leadership under these extreme conditions saved lives.”
“At these moments, the risk that every officer takes is realised in the most awful way. When this happens, the grieving is not limited to friends or family; it belongs to the entire nation. The unspeakable violence which was committed against an officer in Tasmania, Constable Keith Anthony Smith, and most recently against officers in Victoria, Detective Leading Senior Constable Neal Thompson and Senior Constable Vadim de Waart-Hottart, has shaken us as a nation. Every day our police put themselves in the service of the community. They put themselves on the line. That's a spirit of courage and selflessness that is the mark of every man and woman from the moment they make the choice to enlist. And, as we keep being reminded, there will be times when that spirit is called on to a degree that is nothing short of extraordinary.”
“Later this month we'll mark National Police Remembrance Day. The date of 29 September is derived from the feast day of St Michael, the patron saint of police. This year marks the 36th National Police Remembrance Day, an important day where we pay tribute to the courageous officers who have lost their lives in the line of duty. In remembering this day, I pay particular respect to the members of this House who have dedicated part of their professional lives to taking that risk, the members for Richmond, Tangney, Wide Bay and Cowper. Every loss of life is a tragedy; every loss of life gets felt by the community. But there's an even greater chasm left when we know that the person we've lost had chosen to put themselves in harm's way to protect the rest of us.”
“I declare that unless otherwise ordered the Home Affairs Legislation Amendment (2025 Measures No.1) Bill 2025 stands referred to the Federation Chamber for further consideration at the adjournment of the debate on the motion for the second reading of the bill. For the information of members, what that means is, if we haven't finished it before question time then it will go to the Federation Chamber.”
“I acknowledge the members of the Lebanese Muslim Association, the LMA, and Sheikh Safi, who have been in the public gallery during question time today. Documents are tabled in accordance with the list circulated to honourable members earlier today. Full details of the documents will be recorded in the Votes and Proceedings .”
“The Australian government will always ensure that our law enforcement and intelligence agencies have the capabilities they need to keep us safe. This bill will ensure that our agencies can adapt to the rapid evolution of technology used to conduct criminal activity. In dealing with this legislation, I have been referring to some extraordinary work that is performed by people who work for our security agencies. I want to take this opportunity to honour the work that they do, acknowledge how horrifically complex and challenging some of what they face in the course of that work is and, from the parliament, send our deepest appreciation and respect to those workers. I commend the bill to the House. Debate adjourned.”
“The framework will retain appropriate carve-outs for liability protections where officers engage in illegal behaviour not pursuant to an approved controlled operation, where their conduct would be likely to cause the death or serious injury of a person or where their conduct would involve the commission of a sexual offence against a person. In the 2023-24 financial year alone, reports of online child exploitation to the Australian Centre to Counter Child Exploitation increased by 45 per cent from the previous year. The amendments will better enable law enforcement to investigate and take down abhorrent criminal offenders who operate with sophisticated levels of anonymity online and target the most vulnerable in our community.”
“Currently, the legislation does not clearly express the extent to which an authorising officer is expected to foresee potential risks and not authorise or vary a controlled operation on the basis of these risks. The amendments will clarify that authorising officers must consider the direct and reasonably foreseeable consequences of controlled conduct when authorising or varying a controlled operation. The amendments also provide clearer legal protections for officers involved in undercover operations targeted at taking down sexual abuse syndicates.”
“The amendments will provide certainty that interception orders issued to Australian law enforcement and national security agencies may be used to obtain prospective content data from communications providers in a country with which Australia has a designated international agreement, regardless of the technical method by which that prospective data is sent to the agency. Schedule 5 to the bill contains amendments to the Crimes Act 1914to clarify and strengthen safeguards in the controlled operations provisions framework. Crimes committed or facilitated online are becoming more prevalent, organised and extreme. The anonymous nature of the internet means there may be a lack of information available to law enforcement to assess potential risks when deciding whether to authorise or vary a controlled operation.”
“Agencies therefore need to be able to access both stored communications and live communications for development and testing purposes, to ensure that they can continue to keep pace with technological advancements. Strict controls will continue to apply to the collection, use and destruction of all information obtained under testing authorisations. In particular, agencies will only be permitted to use the information for testing and development and will not be able to use it for investigative purposes. Schedule 4 to the bill contains amendments to the international production order framework in the Telecommunications (Interception and Access) Act 1979 to give effect to the original intent of that framework.”
“Schedule 3 to the bill contains technical amendments to the Telecommunications (Interception and Access) Act 1979 to ensure that the framework for testing and developing technologies and interception capabilities can operate in the manner that parliament intended. The amendments will enable the Attorney-General to authorise access to stored communications under developing and testing authorisations, in circumstances where the authorisation would have authorised the interception of the same communication if it were still passing over a telecommunications system. These amendments are necessary as technological advancements have resulted in a situation where stored communications may pass over the telecommunications system alongside and become indistinguishable from live communications.”
“These changes will ensure that the Commonwealth is able to comply with its duty of disclosure owed to the courts in relation to network activity warrant information. The disclosure of network activity warrants information will remain rightly very limited and subject to strict safeguards; however, clarity is required so that the Commonwealth can provide information as necessary to ensure the defensible prosecution of serious criminal activity. Schedule 2 to the bill also amends the Telecommunications (Interception and Access) Act 1979 to transfer the regulatory role of the Communications Access Coordinator from the Secretary of the Attorney-General's Department to the Secretary of the Department of Home Affairs. This is in line with machinery-of-government changes related to both departments.”
“I move: That this bill be now read a second time. A dynamic and uncertain geopolitical outlook requires that Australia update its electronic surveillance and law enforcement frameworks to meet new challenges. Our government's commitment to create a nation where everyone can be safe and feel safe must include cyber and telecommunications systems. The changes in the Telecommunications and Other Legislation Amendment Bill 2025 are technical, but provide essential clarifications to ensure that the agencies that keep our nation safe, can continue do so in an era of rapid technological development. Schedule 1 to the bill contains amendments to the Surveillance Devices Act 2004 and Telecommunications (Interception and Access) Act 1979.”
“All members are concerned about this, but, obviously, members like the member for Warringah and their communities have a very special relationship with this because people see it at the beach. People see, very directly, what is there at the beach, and they want to know that the government and their local members are raising the issue and acting to deal with it. The government is committed to being part of that international action, and I acknowledge the longstanding commitment on this issue from the member for Warringah.”
“Experts predict plastics in oceans will outweigh the fish by 2050, as I've mentioned. We're working towards an agreement that would globally ban problematic plastics and harmful chemicals, create universal standards and end plastic pollution by 2040. We know that that involves action which needs to also happen at home. This government has already delivered over a billion dollars, including $60 million for soft plastics, with governments and industry to boost recycling by 1.4 million tonnes each year. We have created over 3,000 ongoing and construction jobs. As I say, we're fighting on the international stage for a binding treaty to end plastic pollution by 2040.”
“I thank the member for Warringah for the question. The issues around plastic pollution are huge. It was some time ago that the data was put out, which I think every environment minister subsequently has used, showing that—I think it's by 2050—the weight of plastic in the oceans is expected to be more than the weight of the fish. So plastic pollution is something that is a global problem. Our oceans are a global asset, and dealing with this will require global solutions. Australia has a strong ambition to finalise a global plastics treaty. We played a key role during those negotiations. When the Albanese government was elected, we joined what's known as the High Ambition Coalition to End Plastic Pollution, and we're continuing to work with other nations, businesses, ENGOs and civil society. Plastic pollution is still set to triple by 2060.”
“That's why, as the Prime Minister said earlier, the government intends on changing the Criminal Code so that we can list the Iranian Revolutionary Guard Corps. This sends the strongest possible signal that this conduct has reached a new and totally unacceptable low. The existing Criminal Code clauses, which were designed decades ago, were intended to deal with different threats to what we are now facing. The antisemitism which drove this attack, as I said, began in Iran, not Australia, but, importantly, we must not allow the blame to fall on Australians of Iranian descent. That's exactly the kind of disunity and division that these attacks were designed to create. Instead, Australia stands together. These attempts at division will fail. They already have. We as a nation stand together in unity and strength.”