David Coleman (Banks, Liberal Party, Shadow Minister for Communications) Share this | Hansard source

I rise to speak on the Australian Postal Corporation and Other Legislation Amendment Bill 2024. This bill is about tightening security arrangements and streamlining processes relating to the handling of incoming mail. Basically, it is to help not just Australia Post, but our Border Force, customs and various police and other agencies to be able to do their jobs better and essentially to protect Australians in the face of dangerous, suspect or illegal items coming in through the mail.

There are three key areas of change being proposed in the bill. The bill would seek to provide greater operational flexibility and certainty around the opening and inspection of mail. It would expand the list of authorised people who may share information and documents to support those officers carrying out official tasks or investigations. And it would strengthen rules around Australia Post, enabling Australia Post officials to deal with dangerous items.

According to the government, in recent years Australia Post and border agencies have pointed to issues associated with increasing parcel and declining letter volumes, increased use of automation, the increased availability of electronic advanced data for intelligence led and risk based screening. There are a lot more items going through the mail. We have seen that especially since we all increased our online shopping during the COVID period. Technology has improved in identifying suspect items which should be investigated. We need to do all we can to prevent bad actors from attempting to bring dangerous or unwanted items into Australia through our mail system. So as circumstances and technology have changed it is appropriate that the laws change, too.

The bill would seek to provide greater flexibility and certainty around the opening and inspection of incoming mail. Under existing laws the opening and examination of postal articles is prohibited except in specified circumstances. These circumstances include articles being examined by x-ray machines or if they are undeliverable or in need of repair to enable safe delivery. Approved officers may also inspect mail suspected of having drugs, chemicals, banned quarantined material or items requiring payment of customs duty. Currently, these inspections must be undertaken by either an approved Australia Post official or a person who is authorised by Australia Post, such as customs or biosecurity officers.

The bill would allow other approved agency officers to open and examine mail. The bill specifies those officers as an Australian Federal Police appointee, a member of the police force or police service of a state or territory, or a person or persons determined in an instrument by the minister. Importantly, the act says that the minister may by a legislative instrument determine a class of persons who could be added to this list, and as that is by a reviewable legislative instrument it could come before the parliament. The explanatory memorandum says this provision will be subject to that scrutiny. That means it's a disallowable decision, should a vote of a parliament seek to overturn it.

Current laws also prohibit the disclosure of information and documents about a mail item, except in specified circumstances. These exceptions include that, among other things, the disclosure is required under a law of the Commonwealth or certain laws establishing commissions to conduct investigations and inquiries, or for the specific purpose of administering a scheme under the Sport Integrity Australia Act 2020. The bill would introduce a new exception to permit the disclosure of information or a document to a list of prescribed persons to assist them to exercise their powers or perform any of their functions or duties. These would include the secretary of a department; the secretary or relevant employee administering acts such as the Migration Act, the Biosecurity Act and the Imported Food Control Act; an AFP appointee; a member of the police force or police service of a state or territory; the Director of Public Prosecutions or a member of the DPP; and the CEO of the Australian Crime Commission or another member of the ACC staff. The bill would also allow disclosure to authorise customs and ASIO officers if they suspected that information or documents may be relevant to their official duties. It would expand the secondary disclosure rules to allow sharing of information and documents with those on the prescribed persons list and to use this material more broadly when exercising any of their powers or duties. These changes appear reasonable, given the changing world in which Australia Post and our border, law enforcement and other agencies now operate.

The other provision that I want to highlight relates to how officials deal with what is termed 'explosive, dangerous and injurious goods'. Under existing arrangements, Australia Post employees can take action if they have reasonable grounds for suspecting that mail articles contain such items, and do so in accordance with Australia Post's service terms and conditions. The bill incorporates those existing Australia Post terms and conditions into the act to strengthen the system. It also provides the power for those suspect items to be delivered to the AFP or to state or territory police officers. The bill also sets out the consumer protections related to the seizure and destruction of suspect mail, including notifications to the sender and intended recipient. It provides for reasonable compensation on just terms as required.

One of the key concerns that may arise in the context of this bill relates to privacy issues. After all, this bill makes it easier for officials to open mail and to share information and documents. The government says that the measures in the bill have been designed with appropriate privacy safeguards. It says that the department undertook a privacy impact threshold assessment in consultation with Australia Post and border agencies, and it says the amendments are consistent with Australia's privacy principles under the Privacy Act 1998. The government of course must ensure that the changes in the bill are implemented in a way that protects people's privacy, and it must ensure that the new provisions are not abused.

The coalition supports the bill as it seeks to strengthen security and streamline processes related to mail delivery. The coalition will always stand up for border security, and this legislation gives our officials more tools for their task of keeping Australians safe.

Debate adjourned.

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