Stuart Robert (Fadden, Liberal Party) Share this | Hansard source

The measures contained in the Customs Amendment (Enhanced Border Controls and Other Measures) Bill 2008 are designed to ensure that the Australian Customs and Border Protection Service can continue to effectively perform its operational law enforcement and regulatory roles and functions in what is an increasingly complex and dynamic environment. Customs plays a vital role in preventing the illegal movement of people and harmful goods across Australia’s borders. The border extends to Australia’s exclusive economic zone, where Customs plays a key role in addressing threats to the maritime environment through its contribution to our border protection command. The measures contained in this bill, which have been developed in consultation with other Commonwealth agencies and industry, are designed to ensure that Customs can continue to effectively perform its law enforcement and regulatory functions.

I spent 12 months living and working on Thursday Island with the military and went on a lot of joint operations with Customs in the Torres Strait up in the exclusive economic zone. So I know firsthand what Customs does in protecting our vital fishing waters from overfishing and indeed from people-smuggling, gun-smuggling and drug-smuggling operations as well. Having spent 12 years in the military, I also spent a lot of time in the north working with our military to keep our northern shores safe. Having spent time on our Armidale patrol boats with the defence committee, I have seen firsthand the vital role Defence plays in keeping our borders safe. The environment in the north where Defence operates is becoming increasingly complex. Illegal fishing boats and boats conducting other activities are now arming themselves more and more—using sharpened stakes and pitchforks to prevent boarding. The degree of complexity in the environment of the north of Australia that Customs and Defence operate in is increasing.

The bill aims to clarify the current powers to patrol areas and to moor Customs vessels; provide that the present power to board ships without nationality can be exercised in any area outside of the territorial sea of another country; clarify that the present power to board vessels in the safety zones surrounding Australia’s offshore facilities relates to offences committed within those zones; clarify that the present power to use reasonable force as a means to enable the boarding of a pursued ship encompasses the use of devices designed to stop or impede a ship; require infringement notices issued by Customs to state the legal effect of the notice; and modernise the language. To strengthen Customs’ ability to effectively operate in the offshore maritime and sea port environments, the bill will align the requirements of Customs’ boarding powers with other Commonwealth legislation and the United Nations Convention on the Law of the Sea; place a requirement upon the master of any vessel that is to be boarded at sea to facilitate the boarding—a requirement that if one of our naval or Customs vessels seeks to board a ship then the master will come about and will allow the boarding to occur; introduce a new requirement for port and port facility operators to facilitate the boarding of a vessel that is located in a port and not to impede that boarding; modernise Customs’ arrest and warrant powers; create a new offence for intentionally obstructing or interfering with the operation of Commonwealth equipment located at Customs places; and remove the requirement for copies of warrants.

The bill will strengthen Customs’ ability to request an aircraft to land to include circumstances where it is suspected that the aircraft is carrying goods that are related to a terrorist act or are likely to prejudice Australia’s defence or security. The bill will also protect Australia from goods which, if imported, would be prohibited goods. This will be achieved in two ways. Customs officers will be authorised to seize, without warrant, goods that are located onboard a ship or aircraft and are not listed in part of the cargo report, or not claimed as baggage belonging to the crew or passengers or otherwise accounted for. Likewise, all items onboard a ship or aircraft that has arrived in Australia that are either stores or personal effects of the crew and those on board, and would be considered a prohibited import if imported into Australia, will now be required to be either locked onboard the ship or aircraft or taken into custody by Customs until the ship or aircraft departs Australia.

Some may argue that some parts of this legislation seem draconian or indeed give powers to Customs that may invade the privacy of legal shipping or aircraft, but I remind the nation that Customs, and indeed our Defence Force in support of Customs, operate in very difficult, ill-defined and ambiguous circumstances. They are required to exercise judgment at every turn in what they do and how they operate. To provide powers for them to act in areas where they suspect and have information that may indicate that an act is related to terrorism or indeed may prejudice our Defence Force or security not only makes good sense but also ensures good protection of the nation. I commend the bill to the House.

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