Nola Marino (Forrest, Liberal Party) Share this | Hansard source

I rise to support the Customs Amendment (Enhanced Border Controls and Other Measures) Bill 2008, introduced into the House last year. It is crucial to have a strong border control policy. Customs plays a vital role in preventing the illegal movement of people and harmful goods across Australia’s border. Customs protects the Australian community through the interception of illegal drugs and firearms, which of course are high priorities. The border extends to Australia’s exclusive economic zone, where Customs has a key role in addressing threats to the maritime environment through its contribution to the border protection command.

The measures contained in this bill are designed to ensure that Customs can continue to effectively perform its law enforcement and regulatory roles and functions in an increasingly complex and dynamic environment. The bill contains 17 schedules that cater for a range of minor changes that amend the Customs Act, developed, as stated, in consultation with Commonwealth agencies and industry. Many of the amendments deal with patrol and boarding powers, search and seizure powers and powers of arrest. Other amendments align the powers in the Customs Act with those in other Commonwealth legislation, particularly the Crimes Act, and with Australia’s obligations under the United Nations Convention on the Law of the Sea, such as placing a requirement on the master of a vessel that is to be boarded at sea to facilitate the boarding; and creating a new offence for internationally obstructing or interfering with the operation of Commonwealth equipment located at Customs facilities.

It is important that the Australian government has a very strong position on border control. And I know that in my electorate there is very strong community expectation that the government remains strong on this policy. It is also critical to send a very strong message to unscrupulous peoplesmugglers and other potential illegal boat arrivals. Such a policy is also necessary to stop the loss of life—numbers of men, women and children who never arrive at their destination—and to stop desperate people being taken advantage of by ruthless opportunists who cast them off Indonesian shores in unseaworthy vessels.

Peoplesmugglers charge upfront for a one-way deal. They have no interest in whether their customers reach their destination. Peoplesmuggling continues to be a major global criminal activity, exploiting people with cash and contacts or those desperate to start a new life. This activity is estimated to be worth $8 billion annually. The coalition had to deal with the previous surge when thousands of people came in a steady stream of unseaworthy boats—54 boats with over 4,000 people on board arrived in 2000, and hundreds lost their lives as some of the boats sank.

Such peoplesmuggling was brought to a halt with the introduction of temporary protection visas, the excising of Australia’s 4,000 or more northern islands as migration zones and the Pacific solution of offshore processing of people’s claims for asylum. Peoplesmuggling declined to a minor number between 2002 and 2007, with no boats at all prior to the Rudd government’s softening of unlawful arrivals policy in mid-August 2008. What we have seen since is an escalation in arrivals. The government no longer takes into account how the person arrived in Australia or how long they have spent in other countries since leaving their homeland. They are virtually eligible for immediate access to permanent residency with all the accompanying rights and privileges. Within days of this change in legislation, peoplesmugglers were back in business. It is no coincidence that there was a new wave of peoplesmuggling after the introduction of a softer policy. The report in November that the Royal Australian Navy, Army and Air Force would be given extended leave over summer was a further encouragement.

It appears that there is now a belief that Australia is a softer target for peoplesmuggling. From mid-August to December 2008 there have been 10 reported interceptions. Six boats have made it to Australia, including one that sailed directly from Sri Lanka, evading all detection and ending with a couple swimming ashore in Western Australia to ask directions. One of these boats was disabled and sunk as an Australian naval vessel approached.

In mid-January we heard the tragic news that the bodies of four asylum seekers had been washed ashore in West Timor, which is sadly too often the fate of people who trust their lives to people smugglers. This further emphasises that Australia’s border security is important on more than one front: firstly, to ensure that Australia maintains control of who enters the country; and, secondly, to ensure that our border security dissuades people smugglers. We should not forget the catastrophic loss of 353 lives onboard the SIEVX in 2002.

Collaborative work needs to continue with the Indonesian government. Earlier this month Indonesian authorities, supported by the Australian Federal Police, detained a group of 41 Afghan asylum seekers heading for Australia from south-east Sulawesi. Since August 2008, Indonesia has intercepted 16 boatloads of asylum seekers. Six Indonesians believed to be part of the smuggling ring were detained. Resourcing border security operations and the partnership with the Indonesian authorities are clear priorities.

The amendments outlined in schedule 5 of this bill align the boarding powers of the Customs Service with other powers in Commonwealth legislation and the United Nations Convention on the Law of the Sea, as I said earlier. They replace a ‘request to board a ship’ with ‘a general power to board a ship’, thus giving an officer the right to board a ship. There are in fact a large number of minor amendments to section 184A contained in the bill. Many of the amendments simplify the language used in existing provisions. Some are more substantive, and align the Customs Act with requirements under the United Nations convention.

Schedule 9 caters for the seizing of unaccounted goods and storing or taking custody of prohibited items, and amends various provisions in the act to deal with prohibited items and not just prohibited weapons. A Customs officer 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. This may include items such as certain types of pornography or weapons located by Customs officers during a ship search but not claimed by the crew. All items on board a ship or aircraft that has arrived in Australia that are either stores or personal effects of the crew and would be considered a prohibited import if brought into Australia will now be required to either be locked on board the ship or aircraft or taken into custody by Customs until the ship or aircraft leaves Australia.

And of course strong border control policies and legislative regulations are necessary to protect every Australian from diseases in breach of our quarantine regulations. The potential damage and inherent quarantine breaches and threats to our biosecurity would have a catastrophic effect on our agricultural sector. This could decimate our own domestic food bowl and of course threaten our strong agricultural exports. Keep in mind that it has only been the strong export performance of agriculture that has kept Australia out of recession. Given the importance of Customs and border protection, the government’s $51.5 million budget cut to the Australian Customs and Border Protection Service in real terms has to impact on Customs’ ability to respond to the multitude of security and biosecurity threats to Australia’s borders.

Overseeing the mass volumes of imports and exports, along with detecting illicit drugs and prohibited imports, are critical roles of Customs. I read an article in the Daily Telegraph dated 30 January by Mark Schliebs. It said:

Australia’s organised crime landscape is being transformed by multinational cartels cashing in on huge profits in the nation’s burgeoning cocaine market.

…            …            …

But the influx of players vying for domination in Australia’s major cities, together with an unrelenting flow of the drug through smuggling routes, has seen the price of cocaine plummet.

…            …            …

A total of 124kg of cocaine were seized by Australian authorities in the 2005-06 financial year. In the following year, 610kg was seized by customs and an equally impressive 634kg was uncovered by state and federal police. Customs alone seized 649kg of the drug in 2008.

This is just in some part the role of Customs.

I conclude by saying that I support this bill, its objectives and all amendments contained in it to ensure, enhance and support the proper functioning of the Australian Customs and Border Protection Service.

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