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

I support the Transport Security Amendment (Serious or Organised Crime) Bill 2016. As with any legislation we debate in this House that acts to reinforce national security measures, this bill is an equally important bill to speak to. The purpose of this bill is to amend the Aviation Transport Security Act, otherwise known as the aviation act, and the Maritime Transport and Offshore Facilities Security Act 2003, or the maritime act. The amendments contained in this bill seek to reduce criminal influence at Australian airports and seaports by strengthening the aviation security identification card, or ASIC, and the maritime security identification card, or MSIC, schemes. The bill seeks to provide the regulatory framework to support the introduction of revised eligibility criteria for the ASIC and MSIC schemes to better target serious or organised crime-related offences. Criminal intelligence coupled with inquiries for extra security measure to combat identified vulnerabilities in the ASIC and MSIC schemes have directly influenced the government's commitment to tightening these security measures.

The provisions within this bill provide effect to the government's 2013 election commitment to reduce potential risks associated with criminal influences at our air and sea ports. The provisions therefore give effect to the government's commitment, as part of the coalition's policy to tackle crime, that people with a relevant criminal history can never receive security clearance to work at airport and seaport entry points.

In addition the bill provides completion to a key action in the government's December 2015 response to the final report of the National Ice Taskforce, specifically the implementation of changes to the eligibility criteria for holders of ASIC and MSIC as a means to disrupt the supply of the drug ice in Australia. Along with a comprehensive package of actions the government is taking to combat the ice epidemic in Australia, protecting our air and sea ports from organised criminal activity is another important step in stamping out this insidious blight in our community. I am and always have been a vocal advocate for tackling the epidemic of the drug ice that has laid siege to so many in our local communities. I will continue to advocate for any measures that we as a government can take to provide the care, resources and support for users, their families and children and the wider community to overcome the scourge of ice.

While our frontline health staff deal with admissions of users in drug-induced psychosis and while our frontline law enforcement officers tackle the drug and the destruction left in its wake and while our community services staff work tirelessly to support the families of users gripped by addiction and while our schools keep a watchful eye on children who are witness to the atrocities of this drug, we as a government are committed to taking every step imaginable to stem the flow of this abhorrent drug into our communities. Preventing organised criminal groups from being able to smuggle drugs, especially ice, into Australia to be distributed throughout our communities is another paramount step in turning the tide on the ice epidemic.

At present per capita Australia has the highest number of ice users of any other nation in the world and in my own electorate of Dobell frontline services are facing the daily trials of destruction caused by this drug. The National Ice Taskforce did an outstanding job in identifying a holistic approach to tackling the ice epidemic, and I am continually supportive of the government's vigilance in taking every step possible to eradicate the drug in a strategic and coordinated approach. Organised crime is estimated to cost the Australian economy $36 billion a year and presents a serious threat to our national security. The government recognises that organised criminals are devious in their attempts to peddle drugs such as ice and other contraband into Australia through our airports and seaports.

The reforms proposed by this bill are also designed to protect the aviation and maritime transport systems against acts of terrorism and unlawful interference. The reforms enhance the abilities of law enforcement agencies to combat transnational and domestic organised crime through the introduction of additional offences to capture high-risk criminal activities. This government is committed to ensuring Australia is secure and not at risk of exploitation by serious or organised crime.

The August 2015 Australian Strategic Policy Institute special report titled A web of harms: Serious and organise crime and its impacts on Australian interests stated:

The harm is seen clearly at the borders, where serious and organised crime constantly challenges the Australian government's right to control imports and exports. By doing so, organised crime compromises biosecurity, evades taxes and introduces items that the community wishes to exclude from the country. The level of harm is hard to quantify.

There's an ongoing and increasing concern about links between terrorism and organised crime in Australia … These include for instance, terrorist or insurgent groups like the Afghan Taliban or the Colombian FARC, who produce or ship drugs that are consumed in Australia The recent situation in Syria and Iraq, and changes to terrorist recruiting and financing methods, have made such links more prominent over the past year.

Serious and organised crime presents a substantial hazard to Australia' airports and seaports. In the 2009 submission to the parliamentary inquiry into the adequacy of aviation and maritime security measures to combat serious and organised crime, the Australian Customs and Border Protection Service described serious and organised crime groups' strategies as infiltrating airports and port and related service providers in the supply chain by gaining employment for their members or associates as airport or port workers—they endeavour to corrupt individuals or groups currently operating within airports and ports to obtain their assistance in circumventing border and security controls.

The high-criminal intelligence organisations exploit inside industry knowledge position and networks of corrupt workers in maritime ports and airports to execute criminal activities, including the movement of prohibited goods such as illegal drugs and their chemical ingredients. I do acknowledge, of course, that the vast majority of those operating within the aviation and maritime sectors are legitimate, ethical employees; there are nonetheless the few who seek to exploit vulnerabilities in businesses or individuals working with port workers and others in the supply chain for the express purpose of providing cover for the criminal activities of organised syndicates. The infiltration and corruption of serious and organised crime groups within airports and seaports is a serious concern. The Australian Customs and Border Protection Service submission notes:

The maritime environment poses the highest risk in relation to the importation of prohibited goods into Australia, as the bulk of illicit imports enter Australia through the sea cargo environment. Serious and organised crime groups seek to increase the likelihood of a successful importation by concealing larger quantities of illicit good within or amongst large items, such as machinery, in the cargo stream.

The Transport Security Amendment (Serious or Organised Crime) Bill 2016 will provide the regulatory framework to support the introduction of revised eligibility criteria for the ASIC and MSIC schemes that will better target serious or organised crime related offences. Under the ASIC and MSIC schemes, identification cards are issued to all personnel, including foreign nationals who legitimately require access to aviation and maritime areas and zones. It provides the capacity for unescorted access for the card holder to secure aviation and maritime zones, including offshore oil and gas facilities. They will be required to have successfully undergone background checks, which are conducted by AusChec within the Attorney-General's Department. The AusCheck system includes an assessment of information relating to an individual's identity, criminal history, security assessment, citizenship status, residency status or entitlements to work in Australia. The background check assesses whether an applicant for an ASIC or MSIC is likely to pose a security risk, should they be given clearance within airports or seaports.

This bill will: create an additional purpose in the aviation and maritime acts in relation to aviation and maritime area and zones to prevent the use of aviation and maritime transport or offshore facilities in connection with serious or organised crime; establish a regulatory framework supporting the implementation of harmonised eligibility criteria for the ASIC and MSIC schemes, which better target serious or organised crime related offences. It will also clarify and align the legislative basis for undertaking security checking of ASIC and MSIC applicants and holders; allow for regulations to be made prescribing penalties for offences against the new serious or organised crime requirements that are consistent with existing penalty provisions across the ASIC and MSIC schemes; and insert an additional severability provision    to provide guidance to a court as to parliament's intention.

The new eligibility criteria for the ASIC and MSIC schemes to be specified in the aviation and maritime regulations will introduce new offence categories, such as offences under anti-criminal organisation legislation, Foreign Incursions and Recruitment Act and offences related to the illegal importation of goods and/or interfering with goods under Border Force control. Unlawful interference includes conduct that threatens the safe operation of aircraft and airports and ships and ports, which in turn can potentially cause threat or harm to any crew or personnel, passengers, the public or even damage to property. The amendments will apply to all persons required by law to hold an ASIC or MSIC. The bill also provides for regulations to prescribe penalties for offences against requirements made for the purpose of preventing the use of aviation and maritime transport or offshore facilities in connection with serious or organised crime. It also creates a greater consistency between the aviation and maritime acts. Bringing the two into line facilitates transparency and accountability with powers for making regulations and administering both the ASIC and MSIC schemes.

The coalition committed to pursue a zero tolerance approach to corruption in customs agencies and those protecting our borders in our policy to tackle crime. We committed to making sure that people who are or have been involved in serious or organised crime would be prohibited from being able to gain access to or work within our Australian airports or seaports. Coupled with this commitment has been the government's commitment to take emphatic steps to disrupt the supply of ice, as identified by the National Ice Taskforce. The report noted:

Disrupting the ice supply chain through seizures and arrests of key players in importing and trafficking networks remains a critical part of the response to ice. ... An enhanced focus on the supply chain is required, particularly offshore... It is also necessary to remove any potential for infiltration of air and sea ports by organised crime…

Recommendation 24 of a total of 38 recommendations contained in the report is:

The Commonwealth Government should continue to protect the aviation and maritime environment against organised crime by strengthening the eligibility criteria for holders of Aviation Security Identification Cards and Maritime Security Identification Cards; and establishing a legal mechanism to enable compelling criminal intelligence to be used in determining suitability of workers to hold such a card.

The Transport Security Amendment (Serious or Organised Crime) Bill 2016 is expressly addressing this particular recommendation and gives effect to this part of the government's package of actions to tackle ice.

I thank the Hon. Warren Truss, the Minister for Justice and the Minister Assisting the Prime Minister on Counter-Terrorism, Michael Keenan, and all stakeholders for their dedication and commitment to tightening security at our airports and seaports. I commend the bill to the House.

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