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

I rise to support the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015. This bill contains a number of measures designed to tackle crime and endeavours to make out communities safer. Forming an important component of the government's plan to deliver a safer and stronger Australia. Since this government's election, we have set about ensuring that our law enforcement agencies have the capacity and capability required to effectively conduct their duties. This is essential in ensuring the safety of Australians in a world where threats and dangers to our nation are continually evolving. This bill contains a range of measures across various Commonwealth acts, including but not limited to: implementing tougher penalties for gun related crime; ensuring our criminal offence regimes are robust and effective; and establishing efficient arrangements for administering criminal law and related provisions.

Last year I supported the Crimes Legislation Amendment (Psychoactive Substance and Other Measures) Bill, which sought to strengthen the powers available to law enforcement agencies, inter alia, in relation to firearm offences The bill introduced tougher penalties for gun related crimes, including the introduction of mandatory, minimum sentences of five years' imprisonment for offenders charged with trafficking firearms or firearm parts While this particular measure of the bill successfully gained passage through the House of Representatives, Labor, the Greens and Senators Leyonhjelm, Xenophon and Madigan voted to defeat this measure.

This bill re-introduces mandatory minimum sentence penalties previously rejected by the Senate. This re-introduction is important because Australians are entitled to feel safe, knowing our borders are free from the importation of illegal firearms. Furthermore, a mandatory minimum sentence of five years' imprisonment is a key part of the Australian government's commitment to pursue a strong and nationally consistent approach to gun crime. Mandatory minimum sentences send a strong message that gun related crime and violence will not be tolerated. Punitive measures will be enforced to deter those willing to put the safety of Australians at risk. These measures also reflect the Australian government's commitment to act quickly to implement the firearms related recommendations from the joint Commonwealth-New South Wales review into the Martin Place siege. Recommendations include that the Commonwealth, states and territories simplify the regulation of the legal firearms market through an update of the technical elements of the National Firearms Agreement; and that the Commonwealth, states and territories provide further considerations to measures to deal with illegal firearms.

Globally, Australia is renowned for its tough stance on guns. Following the tragic events of the Port Arthur massacre in 1996, the then Howard government set about ensuring the safety of Australians with tough but necessary gun reform. Since this time, gun related homicides in Australia have declined, and our nation is undoubtedly a safer place. Last year, when speaking to the Crimes Legislation Amendment (Psychoactive Substance and Other Measures) Bill, I stated:

Our laws must maintain pace with criminal activity and, where possible, foresee and adapt to future challenges and threats.

Sadly this message has been lost on those senators who failed to appreciate the need to introduce mandatory minimum sentences for particular offences. This bill amends the Criminal Code Act of 1995 to implement the government's election commitment by introducing a mandatory minimum five year term of imprisonment for the existing offences of trafficking firearms and firearm parts within Australia and the new offences of trafficking firearms into and out of Australia in the Criminal Code Act of 1995, as introduced in the Crimes Legislation Amendment (Psychoactive Substance and Other Measures) Act 2015.

This government remains steadfast in ensuring that offenders receive sentences that reflect the seriousness of their actions. There is no doubt that firearms trafficking leads to serious crimes and has a devastating impact on our community. This bill and its measures reflect the seriousness of supplying firearms and firearm parts into the illegal market. The entry of even a small number of illegal firearms into the Australian community can have a significant impact on the size of the illegal market. Furthermore, firearms can remain within the illegal market for many years. This provides a growing pool of weapons which can be accessed by groups for potential use to commit serious and violent crimes, including homicide. In 2012 firearms were identified as being the type of weapon used in 25 per cent of homicides in Australia. We must do everything possible to eliminate the trafficking of illegal firearms and firearm parts and to ensure that organised criminal groups cannot equip themselves to carry out serious crimes. It should be noted that this bill does not impose a minimum non-parole period on offenders. This will preserve the courts' discretion in sentencing and will help ensure that custodial sentences imposed by the courts are proportionate and take into account the particular circumstances of the offence and the offender. It is also noted that these mandatory minimum sentences do not apply to minors. This bill also updates technical elements of the National Firearms Agreement to simplify the regulation of the legal firearms market. We are also introducing a National Firearms Interface to improve the ability of law enforcement to track firearms across the country.

In addition to these necessary amendments to firearms and firearm part trafficking, this bill also introduces a number of measures to strengthen Australia's criminal laws. Schedule 1 of this bill provides for amendments to the Criminal Code Act 1995 to improve the operation of serious drug and precursor offences. In particular, these measures will make recklessness the fault element for attempted offences and remove the 'intent to manufacture' element from offences relating to the importation of border control precursors. This measure is particularly important in supporting the government's response to methamphetamine and ice.

These drugs, as we all know, are causing widespread devastation and destruction within our community. Methamphetamine and ice usage on the Central Coast has increased by 112 per cent over the last two years. In 2014 the National Drug and Alcohol Research Centre's annual survey of people who use illicit drugs found that 61 per cent of those who inject substances had also used ice in the last six months. This represents an increase of nine per cent over the past 10 years. Last year, the Australian Institute of Health and Welfare reported that seven per cent of Australians aged 14 years and over have used methamphetamines one or more times in their lifetime and 2.1 per cent of Australians aged 14 years and over have used methamphetamines in the previous 12 months. Of these people, 50.4 per cent reported using crystal or ice as the main form of this drug.

The domestic production of methamphetamine and ice is growing, with close to 750 meth labs raided by police across Australia last year alone. The New South Wales Police drug squad stated that labs were often found in rural areas and have also been discovered in motel rooms, shipping containers, car boots and on the back of trucks. Domestic production is increasingly using precursor chemicals, the ingredient chemicals sourced from overseas. As a result of tightening domestic regulations, the importation of precursor chemicals is playing an increasing central role in the production of illicit drugs within Australia. This is evidenced in the increasing number of seizures of precursor chemicals at the Australian border. In 2012-13 the number of precursor chemical detections at the border increased by 11.3 per cent on the previous year to 1,043 instances.

Additionally, the number of charges laid in relation to importing or exporting border controlled precursor chemicals increased by 50 per cent from 2012 to 2014. The measures within this bill will make the enforcement of the border controlled precursor offences simpler and more effective, without affecting the legitimate drug industry. Specifically, these amendments ensure that it is sufficient for the prosecution to prove that an individual was reckless as to whether a substance intercepted was a controlled or border controlled substance. This change is necessary to ensure that serious drug and precursor offences address the impracticality of proving actual knowledge in the absence of a direct admission from the defendant. As stated by the Minister for Justice, the Hon. Michael Keenan MP, these measures will improve our ability to bring persons who seek to profit from the trade in illicit drugs to justice and ensure that they face severe punishment for their crimes.

This bill also expands on the definition of 'forced marriage' under the Criminal Code Act 1995. Currently the forced marriage offences apply where a person does not freely and fully consent to marriage because of coercion, threat or deception. Earlier this year, a Sydney man was sentenced to 10 years jail over the case where a 12-year-old girl was married in a backyard sharia law wedding. This is a sickening example of forced marriage occurring in our community. It is near impossible to comprehend the cruelty that innocent children are subjected too when forced to marry someone, usually an adult, against their wishes.

The measures within this bill will clarify that the forced marriage offences apply when a person is incapable of understanding the nature and effect of a marriage ceremony, including due to their age or mental capacity. Forced marriage offences currently carry a maximum penalty of four years imprisonment for a base offence and seven years imprisonment for an aggravated offence. Following a review conducted by the government, it has been decided to increase the penalties to seven years and nine years respectively. This ensures that these penalties align with the most serious slavery related facilitation offence of deceptive recruiting.

We have taken this decision because forced marriage is a barbaric form of slavery. It is based on gender violence and is a clear abuse of human rights. The consequences of forced marriage, including emotional and physical abuse, are permanent. Those seeking to deny a child their right of freedom and autonomy in regard to marriage should be dealt with appropriately. The Australian public would expect nothing less.

This government is committed to ensuring that our law enforcement agencies are equipped with the necessary tools to fight crime in Australia and abroad. Recently, I argued for the need to introduce new powers under the Telecommunications (Interception and Access) Act 1979 in order to capture important metadata information essential for successful investigation into national security threats and other serious crimes. This bill will also ensure sufficient prosecuting options in the Commonwealth criminal law by making those who are knowingly concerned in the commission of an offence liable for their involvement. This will ensure that people who actively participate in a crime but cannot currently be held liable for it because they do not fit neatly within existing categories of liability can be held responsible and prosecuted. The concept of 'knowingly concerned' was previously introduced in the Crimes Act but was not carried over to the Criminal Code when it was drafted. The Commonwealth Director of Public Prosecution has found that its absence has hindered prosecutions, often making them more complex and less certain.

While time does not permit me to outline all the measures contained within this bill, I have focused my contribution on the major elements which require the consideration of the House. This bill contains a number of minor amendments that are critical to supporting our law enforcement agencies, including changes to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, the Law Enforcement Integrity Commissioner Act 2006 and the Australian Crime Commission Act 2002 to ensure our law enforcement agencies are equipped with the tools and powers required to combat crime.

As evidenced by the measures contained within this bill, this government are committed to strengthening our national security. We want to ensure that our communities are safe from crime, no matter what type of crime it may be. This government acknowledge that there is not one single measure that will strengthen our security. This is why we are continually looking to improve the powers and resources of our national security agencies. We will continue to legislate and bring measures, including the ones contained within this bill, before the parliament in order to strengthen our national security. I commend this bill to the House and call on members opposite to support its measures in full.

See this speech in context