Labor, coalition agree on anti-terror laws

Labor has hailed the passing of laws to control the return of foreign fighters, but condemned Home Affairs Minister Peter Dutton for seeking to destroy a long-standing bipartisan approach to national security laws.

The temporary exclusion order laws passed the Senate on Thursday, just before parliament rose for the week.

Under the measures, any citizen suspected of extremism would be temporarily banned from returning to Australia until protections are in place through a so-called "return permit".

Mr Dutton attacked Labor for delaying the laws.

However, Labor's home affairs spokeswoman Kristina Keneally said her party had always supported the intent of the scheme.

"Which is why we have taken every step to ensure the scheme works, keeps Australians safe, and is constitutional," Senator Keneally said.

"The reality is, Australians who have gone overseas to join the so-called 'caliphate' do pose a risk to the safety and security of our country. Their return, including those returning to face criminal charges, must be controlled appropriately."

She said instead of working with Labor to improve the laws, Mr Dutton had "taken the dangerous step of fracturing the bipartisan approach to Australia's national security laws".

Mr Dutton said the solicitor-general had provided the government advice saying the bill is not in breach of the constitution.

Labor had criticised the bill because it would allow Mr Dutton to issue temporary exclusion orders without judicial oversight.

Under the legislation, each decision would be reviewed by a retired judge or senior member of the Administrative Appeals Tribunal.

People could also appeal the decisions to the Federal Court, before taking their cases to the High Court.

Government Senate leader Mathias Cormann said the new laws would help keep the Australian community safe.

However, concerns remain about unintended consequences of the laws.

Australian Lawyers Alliance spokesman and barrister Greg Barns said the bill allowed the blocking of people considered an indirect risk to security from entering the country.

"One clause in the bill appears so broadly drafted that it could be used to prevent whistleblowers, journalists and others who reveal the secrets of the US, Australia and other allies in the so-called 'war on terror' from entering Australia," he says.