Brendan O'Connor (Gorton, Australian Labor Party, Minister for Home Affairs) Share this | Hansard source

I thank the honourable members for Stirling, Fowler, Swan and Cowan for their contributions and even the member for Cook for his lame contribution to this debate on the Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime Orders) Bill 2011. One might be forgiven for thinking that the opposition opposes the bill, having listened to the last contribution, the last 10 minutes of which was utterly irrelevant to the substance of the bill, but it is good to see the opposition accept the logic behind this bill. It is an important measure to ensure that we have in place a very important arrangement between countries to fight transnational crime. I would also like to comment on some points that were raised by the member for Stirling in this debate yesterday, which I will do once I go through some other matters.

Again, I thank all those who contributed to the debate on this bill. As all members have noted during this debate, crime is an insidious threat to the safety, stability and wellbeing of all nations. As criminals continue to exploit the benefits of new technologies and globalisation to pursue their illicit enterprises, so must the law evolve and adapt to respond to the threat. The Australian Crime Commission estimates that Australia loses between $10 billion and $15 billion to organised crime every year. Reports from the United Kingdom have estimated that organised crime costs their countries up to £40 billion each year. These are staggering amounts of money, as others have said, that could be well spent on legitimate purposes—on important areas of public policy.

On these figures alone, the cost of crime is obvious. As criminals use the proceeds of crime to fund further criminal activity, the ability to confiscate and restrain the financial and material benefits obtained from criminal enterprises is an important tool for law enforcement authorities. Furthermore, it is essential that criminals cannot escape the consequences of their criminal actions by moving the illicit proceeds of their crimes out of the reach of law enforcement authorities.

I take this opportunity to respond to some of the comments that have been made by the member for Cowan and the member for Stirling in relation to Mr David Hicks. Part 2-5 of the Proceeds of Crime Act 2002 enables action to be taken to prevent a person from earning profits by exploiting their criminal notoriety. This can apply to crimes against foreign law if the benefit is derived in Australia or is transferred to Australia. The member for Stirling and the member for Cowan questioned whether action would be taken against David Hicks under the Proceeds of Crime Act 2002 in relation to the release of his personal memoir. A decision to commence literary proceeds action under the Proceeds of Crime Act 2002 is at the discretion of the Commonwealth Director of Public Prose­cutions, following an investigation by the Australian Federal Police. The Australian Federal Police has given a range of material to the Commonwealth Director of Public Prosecutions for their consideration. It would be inappropriate for me to comment on the likelihood of any future legal proceeding, but I must refute some of the very outlandish and unsubstantiated claims made by the member for Cowan with respect to that matter, and I can assure the House that that matter is being dealt with by the appropriate agencies in the appropriate manner. I will return to the substantive provisions of the bill. Depriving criminals of their ill-gotten gains not only deters prospective criminal activity but also goes some way towards returning assets and property to their rightful owners. As reci­procity is the fundamental basis of international cooperation in criminal matters, these amendments will ensure that Australian authorities can enforce foreign orders over illegal assets that are located in Australia. Although the amendments are minor, they will ensure that Australia can continue to provide assistance to foreign countries in registering proceeds of crimes orders, and this will ensure legal loopholes do not prevent law enforcement authorities from pursuing criminal assets wherever they are found. I commend the bill to the House.

Question agreed to.

Bill read a second time.

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