Darren Chester (Gippsland, National Party, Deputy Leader of the House) Share this | Hansard source

The government will not be supporting these amendments from the opposition, while I certainly appreciate the sentiment of the member for Grayndler and offer him this reassurance that the changes presented in the bill will not remove any of the existing appeal rights for applicants. As the member for Grayndler would know, the new eligibility criteria to be specified in the regulations will introduce new offence categories, such as offences arising from antigang or criminal organisation legislation, illegal importation of goods, interfering with goods under Australian Border Force control and foreign incursion and recruitment.

As the member has indicated, and others have spoken about today, this bill strengthens the government's ability to tackle the supply of the drug ice and the importation of those precursor chemicals which are used in its manufacture and the individuals in the criminal gangs or syndicates who seek to traffic those substances. As the new criteria will focus the schemes on serious criminal activity, applicants with minor or low-level offences will only become ineligible when a significant term of imprisonment has been imposed. This will mean, importantly, that these people may be issued with their cards more quickly, lessening the impact on their employment and increasing the number of staff who will be available to employers in the industry.

While I acknowledge the member for Grayndler's contribution, I offer him that reassurance that the changes will not remove any of the existing appeal rights for applicants. I understand that the opposition has moved these amendments as it is concerned that the appeals mechanisms for ASIC and MSIC applicants in the aviation and maritime regulations could be diminished or removed in the future. I want to assure him and assure anyone listening today that the government has no plans whatsoever to diminish the appeal rights for ASIC and MSIC applicants. There is already a comprehensive appeals process in the current aviation and maritime regulations, and this process is essential to the administrative transparency of the schemes. I repeat that some people who may have a minor or low-level offence will be less likely to get an adverse finding on their application for the ASIC or MSIC in the future, whereas those with serious or organised crime offences will be the target of this legislation.

As I said, there is a comprehensive appeals process already available. The bill before us actually expands the appeals process for ASIC applicants, by providing them with the ability to apply to the Secretary of the Attorney-General's Department for reconsideration of a discretionary decision, an ability that already exists for MSIC applicants. There is also, as the member is aware, an appeal right to the Administrative Appeals Tribunal for ASIC and MSIC applicants, and any future changes to the appeals process will be subject to parliamentary scrutiny, as all changes to regulations are. I would note, just in conclusion, that the Office of Parliamentary Counsel has advised that including the appeals process in the acts would not create any practical protection against future changes to the aviation and maritime regulations.

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