Darren Chester (Gippsland, National Party, Deputy Leader of the House) Share this | Hansard source

I present the reasons for the House disagreeing to Senate amendments Nos (7), (8), (13) and (14), and I move:

That the reasons be adopted.

Question agreed to.

I move:

That Senate amendments Nos (1) to (6) and (9) to (12) be disagreed to and government amendments Nos (1) to (10) made in place thereof.

I present the supplementary explanatory memorandum. The government is moving this amendment to address concerns raised in the debate that the use of 'serious or organised' may prevent people with convictions for minor or low-level crimes from gaining an ASIC or an MSIC. This amendment will remove the phrase 'or organised' from the bill, meaning that the bill will refer to serious crime only. This will remove any doubt that the bill is targeting those convicted of serious criminal offences. People who have committed minor infringements will not be caught up by this bill. 'Serious crime' will still encompass organised crime that is of a serious nature. For example, an offence of violence or extortion that involves two or more members of a criminal organisation which involves substantial planning and organisation will still be captured as a serious crime. The purpose of the bill is to not allow ASICs and MSICs to be issued to individuals who are a security risk or have a serious criminal record. I note that the member for Grayndler supported targeting serious criminality in his contribution to the debate. I also note that targeting serious criminality was also supported by opposition and crossbench members in the other place.

The government does not support the amendment to 'serious and organised' crime because it would only capture individuals who have been convicted of a serious and organised crime. Both elements would be required. Committing just a serious crime would not be captured in this case. The government has received legal advice to confirm this. It would mean that someone who has a conviction for a serious crime but who acted alone in committing the crime would likely be able to successfully appeal a refusal of an ASIC or MSIC to the Administrative Appeals Tribunal. An example of this exact situation is an ASIC applicant who had convictions for cultivating and trafficking cannabis and importing cocaine, including attempting to deliver that cocaine to an innocent person. This applicant acted alone when committing these offences. This applicant was denied an ASIC by the department but was granted an ASIC by the Administrative Appeals Tribunal because, even though he had serious criminal convictions, he was not a risk to aviation security. This is exactly the type of applicant the government wants to stop from gaining access to secure areas at airports and sea ports.

Under the opposition's amendments, it is likely that he would still receive an ASIC from the Administrative Appeals Tribunal because he did not commit a serious and organised crime. The experts have told us that the ASIC and MSIC schemes need to be strengthened to protect our airports and sea ports against organised crime. This government is committed to keeping Australia safe. Stopping people with a serious criminal conviction from gaining access to secure areas at airports and sea ports is a crucial part of this.

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