Craig Thomson (Dobell, Australian Labor Party) Share this | Hansard source

It was an amazing contribution that we just heard from the member for Murray—based more on fantasy than reality. There have been two Customs pieces of legislation that have come before this House. Both have been supported by the opposition—and quite rightly so, because both are about strengthening our border protection and strengthening protection for this country. There is nothing wrong with making sure that you have a system that is tough but fair, and that is certainly the approach of the Rudd government. And we heard such hypocrisy in her contribution about needing to send a strong message to people overseas. This bill, the Customs Legislation Amendment (Name Change) Bill 2009, is about sending a strong message by renaming the agency to make plain that it is about customs and border protection. The honourable member for Murray cannot have it both ways. Either she wants this strong message to go out internationally through legislation like this—which she supports—or she does not. She needs to appreciate the work that has been done by the Rudd government in making sure that the shores of our country are well protected and well resourced.

The purpose of this bill is to amend the Customs Administration Act 1985 to rename the Australian Customs Service as the Australian Customs and Border Protection Service. The bill will also amend 24 other Commonwealth acts, including the Customs Act 1901, to replace references to the ‘Australian Customs Service’ in these acts with ‘Customs’. The bill will also update the wording used on the Customs seal to refer to ‘Customs and Border Protection’.

On 4 December 2008, the Prime Minister released the government’s National Security Statement. The statement outlined the government’s national security policy and vision for a reformed national security structure. As part of the statement, the Prime Minister announced that the Australian Customs Service would be renamed the Australian Customs and Border Protection Service to better reflect its new role as the lead Commonwealth government agency on maritime people-smuggling issues. It will do this, in conjunction with partner agencies, through the coordination of intelligence collection across government; analysis of intelligence gathered on people-smuggling ventures and networks; coordination of surveillance and on-water response; and engaging internationally with source and transit countries to comprehensively address and deter people-smuggling. These are important roles that this agency will be playing—important roles in making sure that our borders are better protected.

It is absolutely vital that, as a continent surrounded by sea, Australia is equipped with the best ways and means of protecting itself against the illegal movement of cargo, people and prohibited items. The key agency for this protection is the Australian Customs Service. In December 2008, the Prime Minister announced an enhancement of this agency’s capabilities. Its new name, the Australian Customs and Border Protection Service, recognises our important border protection responsibilities, including this country’s new role in ensuring a coordinated response to any resurgence of threats to our borders of maritime people-smuggling.

We are all aware of Australia’s vast coastline, especially those of us in this place whose electorates make up part of that coastline. Smugglers or any other persons with criminal intentions who use the sea as a means of conducting their illegal activities will try anything and use any area of Australia’s coast to attempt their criminal actions. We must always be aware that exposure to the ocean can also mean exposure to these potentially illegal activities at any time of the day or night. That is why we must ensure that the key agency engaged in overseeing our coastline is properly empowered to enforce the law.

At the start of this decade, Customs officers and federal agents intercepted an estimated half a ton of cocaine in a raid on a yacht, in the early hours, at Patonga on the New South Wales Central Coast, just near my electorate. It was, to that date, Australia’s largest ever haul of a drug from a yacht off the New South Wales coast. This was more than twice the size of the previous largest haul. Seven people were arrested and two vessels were seized as part of this 18-month intelligence-driven operation. The operation was significant not only for the size of the haul but also for its success in disrupting an organised criminal syndicate. It goes to show that criminals will use any means and any destination, whether it be a quiet seaside hamlet such as Patonga or a bustling city port, to try to conduct their illegal activities.

The enhanced Australian Customs and Border Protection Service is set to meet the complex border security challenges of the future by providing unified control and direction and a single point of accountability. The planning framework aims to bring together all agencies involved in border management and attempts to ensure consistent and complementary functions. Additional capabilities given to the Customs and Border Protection Service under the new arrangement include analysing and coordinating the gathering of intelligence, coordinating surveillance and on-water response and engaging internationally to deter maritime people smugglers.

Let us just have a brief look at what Customs is and what it does. The Australian Customs and Border Protection Service manages the security and integrity of Australia’s borders. It works closely with other government and international agencies, in particular the Australian Federal Police, the Australian Quarantine and Inspection Service, the Department of Immigration and Citizenship and the Department of Defence, in order to detect and deter unlawful movement of goods and people across the border. The agency is a national organisation employing more than 5,500 people in Australia and overseas, with its central office here in Canberra. It has a fleet of ocean-going patrol vessels and contracts two aerial surveillance providers for civil maritime surveillance and response.

Australian Customs faces a number of risks, but probably the more imminent safety and security risks are those posed by the use of sea cargo by criminal syndicates. Commonly this illegal activity is the import of illicit drugs, firearms, tobacco and counterfeit goods. Just last month alone, Customs officers were very busy, including uncovering one of the most intricate concealments ever. In Melbourne, Customs and Border Protection Service officers examined an air cargo consignment from Pakistan, which contained a number of rugs. During the examination, officers discovered a white powder substance intricately concealed within the rugs. Initial testing of the substance indicated the presence of heroin. Two Melbourne men were charged with conspiring to import 20 kilos of heroin into Australia. In another case, in March, a 31-year-old Austrian national was charged with importing drugs—in this case, ice—into Australia in chocolate bar packaging, after a baggage inspection by Customs and Border Protection Service officers. Just last weekend, approximately two kilos of ice was allegedly found, during an X-ray by Customs and Border Protection Service officers, concealed in a suitcase carried by a Canadian national. These are just some of the typical examples of the daily challenges Customs and Border Protection Service officers face.

There is a real increase in the threat to public safety by the counterfeiting of poorly manufactured and hazardous goods, placing greater emphasis on the integrity of consignments entering Australia—food, children’s products, medicines, explosives and other hazardous chemicals. Customs border protection approaches start off-shore. Customs is an active participant in a number of international counterterrorism and counterproliferation forums, including the chemical and biological weapons convention, the Nuclear Suppliers Group, the Missile Technology Control Regime and international forums focused on developing border security capabilities. Customs also participates in international exercises, such as the proliferation security initiative, a global initiative aimed at impeding the movement of weapons of mass destruction by rogue states and terrorist groups. These exercises are invaluable in testing our abilities to respond to potential terrorist incidents and provide valuable lessons in how to develop our capabilities.

Clients of Customs include the Australian community, the government, industry, travellers and other government agencies. The Australian Customs and Border Protection Service is headed by a chief executive officer and is supported by three deputy CEOs. The service operates nationally through three programs: passenger and trade facilitation, border enforcement and corporate operations. Customs plays an important role in protecting Australia’s borders from the entry of illegal and harmful goods and unauthorised people. Naturally, it must carry out this role while not impeding the legitimate movement of people and goods across the border.

Customs also contributes to whole-of-government efforts to protect Australia’s waters through its part in the Border Protection Command. The command is a Customs and Defence partnership to ensure that any threat to Australia’s maritime assets and coastline can be quickly detected and defeated. Illegal foreign fishing in Australian waters also poses a threat to our borders. Customs is on the front line of Australia’s efforts to combat illegal foreign fishing in the northern and southern oceans. Customs is leading the way in the breeding and training of dogs to detect drugs and other prohibited items, including explosives, firearms and chemicals. Customs is committed to continuous improvement in its people, systems and technology, and it has the full support of the Rudd government to ensure that it is well placed to meet emerging challenges, including the constantly changing security and regulatory environment. Customs’ authority stems principally from the Australian Constitution, which provides for the levying of customs duties and for laws concerning trade and commerce.

Schedule 2 of the bill proposes to amend 24 Commonwealth acts to change references to the ‘Australian Customs Service’ to read simply ‘Customs’. I will not name all of those 24 acts, but they are very wide ranging. To give a sample, we are including acts such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, the Australian Sports Anti-Doping Authority Act 2006 and the Criminal Code Act 1995. There are a variety of acts across all areas, which shows how widespread and important the role of Customs is to Australia. Also part of the amending legislation is the requirement to change the Customs seal to read ‘Customs and Border Protection’, a change from ‘HM Customs’.

We live in a rapidly changing world, and the name change from the Australian Customs Service to the Australian Customs and Border Protection Service will better reflect its new role of being the lead Commonwealth agency on maritime people-smuggling and associated issues such as the trade of illegal weapons, drugs and other items. This is an important piece of legislation and will send a strong message to all of those who think that because we are a country with a wide coastline it is easy to breach our borders. This will send a message that border protection is something that this government take very seriously. I commend the bill to the House.

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