Bob Debus (Macquarie, Australian Labor Party, Minister for Home Affairs) Share this | Hansard source

in reply—I thank the members for their contribution to the debate and observe that the member for Werriwa appears to be especially familiar with the work of the Customs officers who do so well in protecting the borders of this country! As has already been indicated, the Customs Amendment (Strengthening Border Controls) Bill 2008 implements three new regimes to allow Customs greater flexibility in dealing with the importation of prohibited goods that are of low value and low risk. It allows Customs officers to use additional powers to deal efficiently with proscribed and prohibited imports of that sort. The problem at the moment is that Customs has only got a single, blunt power—that is, the power to seize imports. That ends up being a very time-consuming and inefficient exercise when you are dealing with substantial numbers of goods that are, in fact, of low value or low risk. So the bill provides for this tiered response to sanctions that deal with prohibited imports.

First of all, it allows a person to voluntarily surrender certain prohibited goods that have not been concealed, in the same way you may do if you go through quarantine at the moment with some apples from the wrong part of the world. Second, infringement notices might be issued for certain offences, including for importing certain prohibited imports and for border security related offences. Third, the bill allows for the granting of post-importation permissions for certain prohibited imports rather than their automatic seizure. So, as has been agreed in the debate, the bill will allow Customs officers to perform their role more effectively and efficiently.

We should just speak very briefly about the search powers that are also amended in the bill. It is proposed to allow Customs officers, immediately upon boarding a ship suspected of being involved in offences against particular acts, to search for, examine, take possession of and keep items that might be a weapon, might be used to help a person escape detention or might provide evidence of an offence against acts that are here specified. Again, this is a legislative change that is designed to ensure the safety of Customs officers and to better allow them to protect themselves from possible attack while they are investigating a ship, for instance, suspected of being involved in an offence, as well as preventing the possibility of evidence of an offence simply being thrown overboard before the ship reaches Australia. In other words, this particular change actually acknowledges that, in the environment of the sea far offshore, you must ensure that Customs officers are sufficiently protected against the kinds of risks to which they are almost routinely subjected these days. This change ensures that that is so.

Where a person might be arrested as a suspect for an offence, the amendments just minimise the opportunities for the suspect to escape custody. These new powers, I should add, are complemented by provisions regarding the proper manner in which they might be exercised. In other words, it is recognised that these are powers that are beyond those that are available in the ordinary circumstances of arrest in a civilian situation. They are justified, but at the same time it is acknowledged by Customs that they should be exercised in an especially responsible manner. I commend this bill to the Main Committee, and I again congratulate Customs on the especially effective work that it continues to do in the protection of our borders.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.

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