Karen McNamara (Dobell, Liberal Party) Share this | Hansard source

I rise to support the Australian Border Force Bill 2015 and the Customs and Other Legislation Amendment (Australian Border Force) Bill 2015, which, together, continue to build upon this government's commitment to a safer and more secure Australia.

Every day the members of the Department of Immigration and Border Protection and the Australian Customs and Border Protection Service work to protect Australia and our citizens from the external threats of those who seek to do us harm.

Australia is a rich, diverse nation that has prospered from generations of successful migration. We welcome with open arms those who seek to join our great nation and contribute positively towards a stronger Australia.

We are a nation dependent upon immigration and trade. Our neighbours look to us to supply the building blocks of their economies. Our borders are a gateway for goods and services which enables the success of Australian businesses big and small. Australia's border controls also ensure a prosperous and cohesive society. Over time we have built a rich and diverse culture which thrives from the freedoms and responsibilities of Australian citizenship.

In times of growing global unrest, an ever increasing threat of terrorism, and the emergence of home grown lone wolves, I thank the hardworking dedicated men and women of our border agencies for protecting and keeping our communities safe. This government is absolutely determined to ensure our border agencies are equipped with the necessary tools and resources to keep our great nation safe.

Measures outlined in these bills continue to build upon this government's commitment to a stronger and more secure Australia. I have spoken on numerous occasions in parliament to support necessary measures to strengthen our borders and enhance national security.

The Crimes Legislation Amendment (Psychoactive Substances and Other Measures Bill) 2014, and the Australian Citizenship and Other Legislation Amendment Bill 2014, have contributed to stronger borders. Through the Australian Citizenship and Other Legislation Amendment Bill 2014, we have tightened eligibility for Australian citizenship and introduced tough measures to address the threat of Australians who seek to participate in foreign conflicts.

Australian citizenship is one of the greatest gifts our citizens possess. Australian citizenship represents one of the greatest freedoms in the world and, along with it, the most important of responsibilities. Therefore, it is a fundamental requirement that those who are granted Australian citizenship uphold our democratic values and beliefs, obey our laws and respect our institutions. This is the expectation of the government and the broader community and it is non-negotiable. The gift of Australian citizenship should never be abused or taken for granted.

I have also spoken in support of the government's decision to introduce offences into the criminal code to ban the importation of substances, based on their psychoactive effect, when they are presented as alternatives to illicit drugs.

The government also enhanced our nation's security by strengthening the powers available to law enforcement agencies in relation to firearm offences. The impact of the illicit firearm market is directly related to the number of illegal firearm entries across our borders entering our community. There is no denying that these firearms are being accessed and used by groups and individuals to commit serious and violent crimes—tragically, in some circumstances, resulting in death.

Building upon this legislation, this bill continues to strengthen our national security by establishing the Australian Border Force. On 9 May 2014 the government announced fundamental reform of Australia's border protection arrangements. It was determined that the Department of Immigration and Border Protection, and the Australian Customs and Border Protection Service, be amalgamated into a single department: the Australian Border Force. The Australian Border Force will serve as a single front-line operational border control and enforcement entity. This entity will be responsible for enforcing customs and immigration laws, and protecting Australia's borders.

This decision builds upon our success in securing Australia's borders from the people-smuggling trade through Operation Sovereign Borders. We said we would stop the boats and we have stopped the boats. The former government presided over the greatest breach of Australia's borders since World War II. Under Labor's watch, more than 51,000 illegal maritime arrivals, including 8,400 children, reached Australia. Two thousand children were placed in detention and more than 1,200 lives that we know of were lost at sea. The most humane thing we can do as a nation is to stop men, women and children from boarding unseaworthy boats and making a perilous trek across the seas based on false hope peddled by people smugglers. Not only have we stopped the boats; we are also getting children out of detention.

Our commitment to securing our borders does not stop with these successes. The Hon. Peter Dutton MP, Minister for Immigration and Border Protection, stated in his second reading speech:

Maintaining our borders as a secure platform for legitimate trade, travel and migration is a core responsibility of the Australian government and this is a responsibility we take very seriously.

The establishment of the Border Force streamlines and focuses our border protection resources, and bolsters front-line services.

This legislation also establishes the role of the Australian Border Force Commissioner, who will oversee the operations of the Australian Border Force and will be responsible directly to the Minister for Immigration and Border Protection on all operational matters relating to the functions of the force. The commissioner, their department and staff will be able to exercise powers under the Customs Act 1901, the Migration Act 1958, the Maritime Powers Act 2013 and other Commonwealth laws in order to enforce customs and immigration laws and protect Australia's borders. The commissioner will also have a dual role as the Comptroller-General of Customs, with responsibility for enforcement of customs law and collection of border related revenue. The commissioner will be Australia's most senior border law enforcement officer and will share the same standing as other heads of key national security related agencies, such as the Commissioner of the Australian Federal Police and the Chief of the Australian Defence Force.

Resources for the Australian Border Force will be drawn from the Department of Immigration and Border Protection, thereby avoiding unnecessary duplication. This will bolster the front-line services delivered by the department. The Australian Border Force will bring together the people, capability and systems of the Department of Immigration and Border Protection to protect our borders and facilitate the lawful passage of people and goods.

This legislation also enables the full integration of the Australian Customs and Border Protection Service and the Department of Immigration and Border Protection into a single Commonwealth department. The Australian Border Force will unite staff working in immigration compliance, enforcement, detention services and other operational functions. This will see staff working on the front line, including at our airports and seaports, joining with those who are involved in detection, investigations, compliance and enforcement to address the issues of illicit goods and illegal visitors.

The Australian Border Force will also include staff who serve beyond Australia's borders. This includes those working in operational roles with our regional partners to secure Australia's maritime zone, preventing and deterring illegal arrivals and combating the movement of prohibited goods. Bringing together Immigration and Customs will deliver an improved capability that is focused on border policies, strategy and operations in an integrated and holistic way. In addition, the Australian Border Force will work in close collaboration with national security, defence, law enforcement and intelligence partners domestically and abroad to deliver a secure border.

This legislation will also ensure a professional and disciplined workforce. This is essential to ensure that Australians have confidence in Australia's Immigration, Customs and border agency's personnel. Last year I was privileged to join with the men and women of the Australian Defence Force and the Customs and Border Protection Service to participate in Operation Resolute. The program provided me with a unique opportunity to obtain a practical understanding of the workings of the military, and the Customs and Border Protection Service, in the implementation of policies such as Operation Sovereign Borders. Having observed and been part of Operation Resolute, I must say I am in awe of the professionalism, commitment and dedication of the men and women tasked with protecting our borders. I thank them, and I am sure this gratitude is shared by all members of this parliament who were fortunate enough to have the opportunity to participate in the Australian Defence Force Parliamentary Program.

This legislation extends this high level of professionalism to the staff of the Australian Border Force. This bill specifically provides that certain Immigration and Border Protection employees in the Australian Border Force be requested to make and subscribe to an oath or affirmation. This is similar to the concept of sworn officers in the Australian Federal Police and reflects the high standard of professionalism expected of the Australian Border Force officers. In addition, the commissioner will also be required to make and subscribe to an oath or affirmation.

The minister has also outlined that this bill will provide power to the secretary of the department and to the commissioner to provide written directions in connection with the administration and control of the department and the Australian Border Force respectively, and the performance of functions or exercise of powers. This may be in relation to the setting of essential qualifications for the performance of duties, the mandatory reporting of serious misconduct or criminal activity and the implementation of the professional integrity system for the Department of Immigration and Border Protection. This government supports high standards of operational effectiveness and professional integrity throughout the department.

During his second reading speech the minister outlined that this bill will enable all Department of Immigration and Border Protection employees to undergo an alcohol-screening test, an alcohol breath test, an alcohol blood test or a prohibited drug test. The primary focus of these tests will be on operational and high-risk areas. However, any departmental employee may be selected randomly for testing.

It is also worth noting that the Australian Federal Police, the Australian Crime Commission and the Australian Custom and Border Protection Service all apply similar drug and alcohol testing arrangements currently. The Australian Defence Force also operates a Prohibited Substance Testing Program. This legislation will also establish resignation and termination provisions for circumstances involving serious misconduct. These provisions will further strengthen the integrity of the Australian Border Force. Employees suspected of serious misconduct, such as corruption, a serious abuse of power, a serious dereliction of duty or any other serious, reprehensible act of behaviour, will be subject to a code-of-conduct investigation.

In addition to investigation under the Public Service Act 1999, an employee found guilty of serious misconduct and subsequently terminated may be excluded from a review under unfair dismissal provisions at the request of the commissioner. Our message is clear to those who are given the privilege of serving in the Australian Border Force: serious misconduct will not be tolerated.

As I mentioned previously, I have every confidence in our men and women who are on the front line protecting this nation. While these provisions will ensure inappropriate behaviour is treated appropriately, I have confidence that the vast majority of employees under the administration of the Australian Border Force will do the right thing and not be subject to such dismissal.

This legislation also seeks to amend the Work Health and Safety Act 2011 to provide additional assurance to ABF workers undertaking high-risk activities related to Australia's national security or defence. This legislation ensures that Australia continues to benefit from an open economy that welcomes trade, and from a vibrant society that welcomes migrant from around the world. We will continue to build and strengthen our position as the world's most successful immigration nation, while protecting our citizens from those who do the wrong thing.

Since this government's election 18 months ago we have set about restoring integrity and public confidence in immigration and border protection. We have done so on the overwhelming demand of the Australian people to ensure we retain sovereignty over our borders and hold the tightest possible control and grip on national security. This government has successfully secured our border from people smugglers and illegal boat arrivals. By delivering on our commitment to secure our borders, we are witnessing safer communities and a more cohesive society.

As a nation and as a parliament we face uncertain times as global security challenges threaten to impact our great nation. We remain conscious of the threats of extremists who seek to do us harm under the veil of religion. It is important that we are vigilant in our resolve to defeat these enemies. Australia's citizens can be assured that they are safer as a result of this government's achievements in relation to securing our borders and strengthening our national security. Prime Minister Tony Abbott has said to this parliament, 'Protecting our people is the first duty of government. This government will do whatever is possible to keep people safe.'

The establishment of the Australian Border Force will keep this great country and our citizens safe. I commend this bill to the House.

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