Jason Falinski (Mackellar, Liberal Party) Share this | Hansard source

Once again, the member for Hunter has given a speech that, largely, those on this side could agree with. There was the bit in the middle which was a bit of a ramble, but we've come to expect—and, frankly, enjoy—those parts of his speeches. But you have to wonder why we're even debating this. I notice that the member for Lyons is up next on the speakers' list. The member for Lyons is a good man, but his brother is an even better person. Now some might say I'm saying this just because he happens to live on the northern beaches of Sydney and may or may not vote for me and because my pursuit of any vote is relentless. I suspect there are easier votes to get than that of the brother of the member for Lyons, but that will not deter me.

Now, more than ever before, the importance of biosecurity is at the forefront of our minds, with COVID-19 impacting upon the lives of all Australians. Biosecurity related to food and agricultural produce is equally critical in protecting consumers, exporters and farmers. As we create a bioresilient economy, a unified vision for national security is critical to our future prosperity and in supporting those in the agricultural sector who have endured so much hardship in recent times. Our biosecurity system underpins $60 billion in agricultural production, $49 billion in agricultural exports and $42 billion in inbound tourism. The flow-on effects of this are incalculable, and the importance of these industries both to our national economy and to many regional communities cannot be understated.

At the core of this bill is creating a more proportionate response to infringements by travellers when they bring undeclared goods to Australia. The infringements will reference the kinds of goods, their classification and the nature of the biosecurity risk they represent. This bill permits the Director of Biosecurity to determine what goods should attract a higher infringement associated with those items. We cannot overemphasise the importance of protecting our natural environment or our farmers. After the difficulties posed by both drought and fire, this government will do whatever it takes to help our farmers.

An additional component of this bill is indexing the current infringement notice to $440, which equates to two penalty units. Depending on the nature of the infringement, more penalty units will apply—up to 12 penalty units, which will incur a fine of $12,264 after indexation, or 60 penalty units subject to civil penalty proceedings in court. Failure by foreign travellers, airline crew or Australians to declare goods is a national threat, one that we are combating with these additional measures, given its severity. We will not wait for disaster to strike before implementing stringent biosecurity legislation but will be taking a proactive approach, as prevention is the most efficient way to manage this kind of threat. Of particular concern is African swine fever, which is contagious and is estimated to cost, if it comes to Australia, over $2 billion over a five-year period—making the fines appear not that great. We cannot allow the careless actions of individuals to put at risk the livelihoods of so many Australians.

From 2018 to 2019, biosecurity officers issued an average of 410 infringement notices a month at Australian airports. The forecast for 2019-20, before COVID restrictions were put in place, was more than 820 per month. Unfortunately, even this underestimated the reality, with 1,139 infringement notices issued in January 2020 alone, representing an increase of around 30 per cent on the forecast. The impact on biosecurity was growing and, until COVID restrictions, the number of people trying to get past airport security without declaring high-risk goods was also increasing.

This bill is urgent and should be the first step in constructing a strong and unified system which screens both agricultural goods and people for pathogens and biosecurity threats. Failure to do so not only will decimate Australian agriculture but will put lives at risk. The responsibility of passengers and crew to declare goods remains the same. This bill changes only the infringements and matches the risk of the goods with the infringement. It does not impose additional requirements on passengers, airlines, exporters or businesses. Changes will be published in conjunction with additional training for biosecurity officers and Australian Border Force officers, which is estimated to take two to three months. Redeployment of officers following COVID, when borders reopen, has been taken into account when creating a time line for implementation, along with ICT system updates. Having an infringement system without adequate enforcement measures will be ineffective, which is why we are investing heavily in upgrading our airport infrastructure to support this amendment. Deploying advanced detection 3D X-rays, which also use algorithm technology, is an encouraging example of the measures we are taking to safeguard our borders. Increasing our use of screening technology will remain central, particularly as we seek to detect meat, fruit and high-risk bio matter.

We are continuing to utilise big data in allocating our biosecurity resources and identifying ways we can improve our processes by establishing a national biosecurity data and analytics platform. In sharing biosecurity data, we will be able to enhance our capacity to identify security risks and take corrective action. We are allocating $36½ million in funding to develop this platform. COVID has shown us that we cannot rely on other countries or global institutions to safeguard our interests, and that responsibility for our national biosecurity is on us alone. That is why we cannot cut corners when it comes to funding our border security. Small agribusinesses rely on a stable and safe environment and, as a source of jobs, growth and future innovation, getting our biosecurity right is a must.

This bill is about providing a proportionate compliance response for people, regardless of citizenship, who fail to declare goods with a biosecurity risk. All first points of entry, including sea ports, will be included in these changes; however, particular attention will be given to biosecurity processes in airports, due to the high volume of travellers. In the last financial year, we invested $850 million in this area, and we'll continue to support frontline personnel in keeping our country safe. Creating a regulatory environment that maximises the competitiveness of Australian businesses whilst giving adequate protection to our farmers and the environment remains central to this legislation.

As part of the extensive consultation with industry and across multiple departments, this is a solution designed to be flexible to change. As it stands, the penalties do not accurately reflect the risk of the offence and, given this disconnect, often underpenalises some offenders. To have a penalty which disregards the nature of the offence and does not correspond to the level of infringement is, quite simply, bad policy. Given it costs nothing to declare goods, there is no reason why any visitor or returning resident should be trying to avoid declaring what they are carrying. The bill improves the penalty scheme by linking them with the degree of danger the infringement poses to the community. The different classifications which they are based off will be determined using a technical risk assessment.

As part of the smarter regulation agenda, this bill does not create any additional red tape or impose any more requirements on travellers coming to Australia. We do need a tight border policy, but the responsibility to implement that policy, its costs and burden should not be shifted to business or individuals. Compliance for all parties involved should be seamless and, in making the process both accurate and efficient, we should make the most of automation in processing high volumes of travellers. Being able to do this will be especially important for our tourism industry, where a positive experience makes a large impact. Doing this without cutting corners when it comes to our biosecurity is critical, which is why in this field we are seeking to be world leaders when it comes to border protection. The measures outlined in this bill have been taken in place of alternatives, which came at a significant regulatory impact on industry and those seeking to remain compliant. As a government, we seek to ensure that all departments implementing regulatory changes must co-design processes with industry working groups. Smarter regulation is light touch, highly automated and reduces the burden on small businesses so they can focus on what they do best.

As a country with one of the most pristine and untouched environments, we are fortunate not to have many of the biohazards that countries in the rest of the world have to contend with. This is a natural competitive advantage for our businesses in agriculture, but it can easily be lost if we are careless and fail to create the protective measures required to safeguard our farmers and consumers. Bills like this pave the way for a post-COVID era where a premium is placed on biosecurity and ease of compliance for businesses. We are leading the way by relying on technological solutions for these issues. And when government invests in the tech sphere—particularly in reg-tech, or regulation technology, and innovative security solutions—we are supporting an industry that will be in demand for the future. Australian technology firms are important creators of jobs, innovation and growth. Establishing a biosecurity innovation program with an initial $25.2 million in government funding will be a strong first step in this program. Whilst a lot of attention is rightly given to the cybersecurity space, there is abundant opportunity in biosecurity where demand will only be growing.

I would encourage the newly established Centre of Excellence for Biosecurity Risk Analysis to engage with the innovation and tech hubs throughout Australia as they develop risk analysis tools. As part of the government's ongoing commitment to our biosecurity, we are establishing a dedicated office to support the work of the Chief Environmental Biosecurity Officer. In creating a unified and efficient system for our biosecurity, we are enacting our long-term strategic vision. This legislation is a critical step in adopting a systematic process for identifying and planning for national priority biohazards. Taking measures to manage these risks is essential in facilitating the trade that we rely on for our economic prosperity. For these reasons, I highly commend this bill to the House.

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