New laws aimed at preventing foreign fighters from returning to Australia look set to pass the Parliament with the help of the Opposition.

Key points: The Home Affairs Minister would have the power to block a foreign fighter returning to Australia for two years

The Home Affairs Minister would have the power to block a foreign fighter returning to Australia for two years Labor says the Government has ignored the findings of the intelligence and security committee

Labor says the Government has ignored the findings of the intelligence and security committee Labor will support the legislation if it fails in its attempts to refer it back to the committee

The bill to keep Australians suspected of being involved in terrorism out of the country for up to two years is currently being debated in the Lower House.

At a Labor caucus meeting this morning, the Opposition decided to support the legislation if it fails in its attempts to refer it back to Parliament's powerful security and intelligence committee.

The bipartisan committee has previously recommended a number of changes to the bill, which the Government did not accept.

"It is not the job of this Parliament to act as a rubber stamp for Government bills, the Parliament's job is to get legislation right," Shadow Attorney-General Mark Drefyus told the chamber.

Liberal MP and committee chair Andrew Hastie said he was satisfied with the bill in its current form and would not support Labor's attempts to change it.

Andrew Hastie served in the military until 2015. ( ABC News: Adam Kennedy, file photo )

Mr Hastie said he had received further intelligence briefings since the committee's report, which reinforced the need for the legislation.

"It is true that the global coalition against Islamic State has prevailed militarily in Iraq and Syria, however, to proclaim victory is to call a false dawn," he said.

"We have struck the shepherd but the sheep are scattering across the globe … and sadly, many are Australians.

"To buy us time, the temporary exclusion orders bill is the most effective way of allowing our law enforcement and intelligence agencies to manage the flow of foreign fighters back to Australia."

The targets

A temporary exclusion order (TEO) would be issued against an Australian citizen if the Home Affairs Minister believes there is a chance it could stop a terrorist attack from happening.

People believed to be supporting a terrorist act or organisation, or training with a terror group, could also be hit with an exclusion order.

For example, the Minister may seek to keep someone who has been fighting with the Islamic State group in Syria out of the country.

Australians under the age of 14 cannot be targeted.

The Coalition argues the legislation is based on similar powers in the United Kingdom.

In introducing the legislation, Mr Dutton said of the 230 Australians who had travelled to Syria and Iraq to fight, 40 had returned.

There are still 80 remaining in those countries.

This legislation would mainly be aimed at people who are not dual citizens, because the Government already has the power to strip foreign nationals of their Australian citizenship in a bid to keep them out of the country.

People who ASIO believes could be involved in inciting politically motivated violence would also be targeted.

Home Affairs officials have given evidence to Parliament suggesting people who stand accused of being foreign fighters would be allowed to return, as the Government would want to prosecute them.

The timeframe

After two years have lapsed, the person hit with an exclusion order can apply to return to Australia.

The Minister would consider whether they have a right to live in any other country. If they do not, the Minister has to consider what harm they would face if they were blocked from returning to Australia.

During the exclusion period, the idea is that authorities would have developed strict controls to monitor them upon their return.

They could include measures such as forcing them to surrender their passport, and being subject to monitoring by police and security agencies.

Labor leader Anthony Albanese is accusing the Home Affairs Minister Peter Dutton of playing politics on the issue. ( ABC News: Nick Haggarty )

The criticism

It is rare to find the major parties bickering over national security, with most pieces of legislation passing Parliament with bipartisan support. However, it is the finer details that are cause for dispute.

When this legislation was first proposed, it followed the usual procedure and was scrutinised by the powerful and bipartisan intelligence and security committee.

Labor and the crossbench argue the legislation, reintroduced to Parliament after the election, has ignored many of the committee's 18 recommendations — either in part, or completely.

Central to their concerns are that the Minister has too much power. The committee recommended giving the power to issue exclusion orders to a judge, either sitting or retired. In the UK, a judge issues the order.

That proposal has not been adopted, with the Coalition arguing there would be a review process available for any order issued by the Minister.

Labor argues there are flaws with the decision-making process, as much of it relies on the "opinion" of the Minister — something easily open to legal challenge.