Return of women and children from Syria to Australia

Question

1. It has been publicly reported that a private individual obtained Australian passports on behalf of members of the cohort and personally delivered those passports to Syria. Without commenting on any specific individual, has the Attorney-General received advice on whether facilitating the return of persons associated with a listed terrorist organisation is capable of constituting an offence under existing provisions of the Criminal Code? 2. If the Attorney-General has received such advice, when did she receive it, and did she seek it on her own initiative or was it requested by another Minister or agency? If not, has she requested it? 3. Is facilitating the return of persons associated with a listed terrorist organisation capable of constituting an offence under existing provisions of the Criminal Code? 4. Has the AFP referred a brief of evidence to the CDPP in relation to any person - not a member of the cohort, but a person who assisted or facilitated the cohort's return to Australia? If so, when was that referral made? 5. If no referral has been made, has the Attorney-General raised with the AFP Commissioner whether the conduct of any person who facilitated the return warrants investigation? 6. Has the CDPP independently considered whether the facilitation of the return of persons linked to a listed terrorist organisation is capable of prosecution under any existing Commonwealth offence - including provisions relating to providing support to a terrorist organisation, associating with a terrorist organisation, or aiding and abetting the commission of a Commonwealth offence?

Answer

Please see attached answer.

Documents

• Question with answer (PDF) (opens in a new tab)
• BE26-182.pdf (opens in a new tab)