House of Representatives

Second Reading Speech

Mr Anthony (Minister for Children and Youth Affairs)

I move:

That this bill be now read a second time. The Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other Measures) Bill 2002 will introduce new strong and effective offences into the Commonwealth Criminal Code to deal with people-smuggling and interstate firearms trafficking. It also proposes to deal with a number of other important criminal law issues. In recent years people-smuggling has emerged as a major global issue. It is rapidly becoming one of the most lucrative illicit trades in the world. This bill is an important part in the government's overall strategy to combat people-smuggling. The new people-smuggling offences will target activity not covered by the regime in the Migration Act 1958. In particular, the offences will prohibit the smuggling of persons from Australia to another country, or from a country other than Australia to a third country, with or without transit through Australia. Where there is no transit through Australia, the offences will apply where the person who organises or facilitates the smuggling either engages in that conduct in Australia or is an Australian citizen or resident. This bill also provides for aggravated people-smuggling offences. These offences provide larger penalties for people smugglers who endanger the lives or safety of the people they are smuggling, or who subject the people being smuggled to cruel, inhuman or degrading treatment. An aggravated people-smuggling offence is also proposed for people smugglers who smuggle five or more persons at a time. The aggravated people-smuggling offences also criminalise smuggling a person to a foreign country with the intention that that person will be exploited in that foreign country. `Exploitation' is defined in the bill to include slavery, sexual servitude, forced labour and the removal of a person's organs. This type of activity is commonly associated with the illegal trafficking of persons. The people-smuggling and aggravated people-smuggling offences will apply to all Australian citizens or residents who are involved in overseas smuggling operations. The broad coverage of these offences demonstrates Australia's commitment to combating people-smuggling activity both in Australia and in the region. The offences also fulfil a commitment to criminalise people-smuggling made by participants in the Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime, which was held in Bali in February this year. It is hoped that the introduction of these offences will encourage other countries in the region to adopt similar offences. The people-smuggling offences are supported by new offences which will prohibit making, providing or possessing false travel or identity documents where those documents are intended for use in securing the unlawful entry of a person into a foreign country. An offence of taking possession of or destroying another person's travel or identity documents is also included. The bill also proposes to deal with the issue of interstate trafficking of firearms. The trafficking of firearms to supply the black market is an increasing problem facing the Australian community. Research indicates that those who engage in firearms crime are invariably sourcing their weapons illegitimately and do not comply with licensing and registration requirements. The cross-border trade in illicit firearms is specifically targeted in the new firearm offences contained in this bill. These offences will work with the existing state and territory schemes to make it unlawful, in the course of trade and commerce between the states and territories, to dispose of or acquire a firearm, where the disposal or acquisition of that firearm is an offence under a state or territory law. The bill will also make it unlawful to take or send a firearm from one state or territory to another, intending that the firearm will be disposed of in the other state or territory in circumstances which would constitute an offence against the law of that state or territory. Implementation of these offences is an important step towards achieving a nationally consistent approach. Differences in the relevant laws pose major challenges in our efforts to combat interstate firearms trafficking. The offences will provide the means by which people engaged in the illegal interstate trade in firearms can be prosecuted under Commonwealth law. The offences should also be a significant deterrent to those engaged in firearms trafficking across state and territory borders. In addition to people-smuggling and interstate firearms trafficking, this bill makes amendments to a number of criminal justice laws to enhance their effectiveness. The bill will finetune the theft and fraud offences in the Criminal Code, which have been operating for over a year, to address minor problems which have emerged with the offences. The bill will also repeal sections 16G and 19AG of the Crimes Act 1914. That amendment will mean that courts will no longer have to take into account whether or not remissions are available in a state or territory when sentencing federal offenders in that state or territory. This shift follows the abolition of remissions in most states and territories and the move towards removal of remissions in the remaining jurisdictions. The bill proposes to include the drug gamma-hydroxybutyric acid, better known as `fantasy', as a psychotropic substance under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990. The substance is commonly used in drink spiking incidents. This will enhance the ability of law enforcement agencies to investigate and prosecute domestic manufacturers and suppliers of that substance. The bill also amends the Financial Transaction Reports Act 1988 to ensure that remittance dealers are covered by the definition of `cash dealer' in that act. A technical amendment is also proposed to correct a cross-reference to the Commonwealth money laundering legislation following the passage of new money laundering offences earlier this year. The bill also proposes to amend the International Transfer of Prisoners Act 1997. These amendments will clearly define the role of the Minister for Immigration and Multicultural and Indigenous Affairs (the immigration minister), while ensuring that the Attorney-General and the immigration minister consult on the eligibility of prisoners prior to their transfer. The amendments will also ensure that the immigration minister is given the opportunity to consider cancelling a prisoner's citizenship or visa prior to their transfer to Australia. If the immigration minister does cancel a prisoner's citizenship or visa that person is no longer eligible for transfer to Australia. The Crimes Legislation Amendment (People Smuggling, Firearms Trafficking and Other Measures) Bill 2002 deals with a number of important criminal justice issues facing Australia and our region. The measures contained in the bill will go a long way to dealing with people-smuggling, firearms trafficking and other important issues. I commend the bill to the House and present the explanatory memorandum to this bill. Debate (on motion by Dr Lawrence) adjourned.