Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I will get to that. The fundamental argument that is occurring here is that the government want a broader definition to ensure the security of the Australian people and the Labor Party are arguing for a more restrictive definition of 'serious and organised' as opposed to the government's version of 'serious crime'. The most fundamental point is that organised crime is serious crime, so it is captured within the definition of 'serious crime'. Obviously, the government have the benefit of going back to our lawyers and asking what the practical implications are of changes that are made to legislation. And we went back and we asked: what is the practical implication? How would a court interpret 'serious and organised crime'—the definition that the Labor Party are currently pushing before this parliament? What is the practical implication of that when somebody goes before a court?

The practical implication is that a court will be required to identify whether a crime was considered to be serious and organised. If an individual—and this is the exact example that the minister for transport has put before the House—acting alone, just himself, were to commit a serious crime, but only one person was involved, then would a court interpret that as also being an organised crime? This is the point. If we are going to have a definition 'serious and organised crime', that is a more restrictive definition. That will allow the wrong people to be in our ports and our airports. 'Serious crime' is a stronger way to move this legislation forward. We do not want there to be a case where an individual has committed a serious crime—let's say they are involved in serious drug trafficking but they were not doing it in conjunction with other people, with a wider crime organisation—and the possibility exists for a court to say, 'Yes, that's a serious crime but it is not an organised crime.'

Now, do the Labor Party want those people working at our ports and airports? That is the question. I do not believe that the Labor Party genuinely want that. Surely, it is the case that they have misunderstood what they are proposing here. That does not mean that they need to follow through with a vote against the government's tougher and more sensible definition, which will allow our ports and our airports to be free from the sort of people we want them to be free from. Do we really want individuals who might not pass the threshold of committing an organised crime to work at our ports? Do we really want them at Sydney airport? Do we really want them at Fremantle port? I think that the answer clearly is no. If the answer clearly is no, then those opposite need to support the government's definition, as has been put with this amendment. 'Serious crime' covers 'organised crime'. If we are going to make it 'serious and organised', it will be harder for us to make sure that individuals who might not have been part of a wider crime organisation are restricted from working at our ports and airports. If that is the outcome the Labor Party want then I am flabbergasted.

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