Nola Marino (Forrest, Liberal Party) Share this | Link to this | Hansard source

The Customs Amendment (Strengthening Border Controls) Bill 2008 proposes to amend the Customs Act 1901 and the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 to allow a person to surrender certain prohibited imports that have not been concealed; allow for the granting of post-importation permissions for certain prohibited imports; allow infringement notices to be served for certain offences, including importing certain prohibited goods and border security related offences; and enable Customs officers boarding a ship or aircraft to conduct personal searches for, and take possession of, weapons or evidence of specified offences. The amendments in this bill were initially included in the Customs Legislation Amendment (Augmenting Offshore Powers and Other Measures) Bill 2006 and the Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006 that lapsed when the parliament was prorogued. This legislation is seen as non-controversial in that it reflects legislation that the coalition introduced when in government. There has been some redrafting of the bill but the effect is the same as the measures that were previously sought.

Chris Hayes (Werriwa, Australian Labor Party) Share this | Link to this | Hansard source

I rise to support the Customs Amendment (Strengthening Border Controls) Bill 2008, which strengthens the enforcement powers of Customs officers. Customs plays an absolutely vital role in protecting the borders of this country against illegal entry of persons and harmful goods et cetera. We tend to take for granted the role played by many of our law enforcement agencies, particularly Customs. Customs is Australia’s primary border protection agency and provides a sense of security for the community as a whole. Quite frankly it is largely responsible for our safe environment. Customs remains focused on intercepting illegal drugs and other items that are potentially harmful to our community. This bill will give additional powers to those who go out and detect the unlawful movement of these goods to our shores. This bill contains provisions for strengthening the border enforcement powers of Customs officers and for implementing three regimes to allow Customs greater flexibility in dealing with the importation of prohibited goods.

Customs officers have always had the ability under the existing act to board vessels and detain persons. But this act gives additional search powers. It is all very well to board a vessel only to find that the contraband or the substance that is being looked for has been jettisoned or that weapons have one way or another been dismissed from the search. This bill allows our Customs officers to conduct an immediate search. There is the provision under the existing act for them to initiate a detailed search of an aircraft or a vessel of some description where the Customs officer has first formed a reasonable view or held a reasonable suspicion that either there was contraband on the vessel or the vessel was engaged in what is often referred to as the commissioning of an offence. That reasonable view will be tested by the lawyers in the courts, so this goes to the admissibility of the evidence that is collected in those activities by Customs. This bill seeks to strengthen powers not just to detain people but to obtain necessary evidence to effect prosecutions in Australian courts. It strengthens powers to initiate the search immediately. The Customs officer will no longer need to demonstrate to a court that there was reasonable suspicion—at least in his mind—to initiate the search.

On the one hand, people might think that this is pedantic but, on the other hand, in terms of defending a prosecution, this is something about which much is made by people who are apprehended by many law enforcement officers, including Customs. As my friend the member for Forrest said, the bill also makes it possible for officers to immediately, upon boarding a vessel, search for, take possession of and detain weapons, persons trying to escape and evidence of the commission of the relevant offence. These are things which I think everybody would support. Most people would probably take them for granted, but I do commend the minister for bringing this matter forward.

In addition to strengthening the powers of Customs officers in terms of initiating searches, the bill also provides additional powers for Customs officers to deal effectively with prohibited imports that are of low value and low risk. Currently, Customs only has the power to seize prohibited imports, which is a time-consuming activity and an intensive process. This will allow more discretion to Customs officers in dealing with contraband or prohibited items. It allows a person to be able to surrender to Customs proscribed prohibited imports. Should those items be surrendered, they can be treated as condemned items and be forfeited to the Crown; and, as a consequence, that person will not be subject to a residual prosecution.

The bill also amends the Customs Act to give Customs the option to allow a person to apply for post-importation permission to apply to import what would otherwise be prohibited goods that have not been concealed, rather than having the goods seized. That is not automatic but it is a discretion to be exercised by the Customs officer. If permission is granted, the goods are no longer regarded as prohibited goods. The amendment also gives Customs the option to issue infringement notices for certain imports. In that instance, the goods are treated as condemned and are forfeited but the person is not subject to any ongoing prosecution. This is only in relation to goods that are of low risk and low value, and at all times Customs does retain the ability to seize goods which are prohibited imports.

This is a good piece of legislation. It strengthens the law enforcement capability of the Australian Customs Service which, as I said at the outset, we probably take for granted and yet it is our premier law enforcement organisation protecting our shores from foreign contraband. I commend the bill to the House.

Bob Debus (Macquarie, Australian Labor Party, Minister for Home Affairs) Share this | Link to this | Hansard source

in reply—I thank the members for their contribution to the debate and observe that the member for Werriwa appears to be especially familiar with the work of the Customs officers who do so well in protecting the borders of this country! As has already been indicated, the Customs Amendment (Strengthening Border Controls) Bill 2008 implements three new regimes to allow Customs greater flexibility in dealing with the importation of prohibited goods that are of low value and low risk. It allows Customs officers to use additional powers to deal efficiently with proscribed and prohibited imports of that sort. The problem at the moment is that Customs has only got a single, blunt power—that is, the power to seize imports. That ends up being a very time-consuming and inefficient exercise when you are dealing with substantial numbers of goods that are, in fact, of low value or low risk. So the bill provides for this tiered response to sanctions that deal with prohibited imports.

First of all, it allows a person to voluntarily surrender certain prohibited goods that have not been concealed, in the same way you may do if you go through quarantine at the moment with some apples from the wrong part of the world. Second, infringement notices might be issued for certain offences, including for importing certain prohibited imports and for border security related offences. Third, the bill allows for the granting of post-importation permissions for certain prohibited imports rather than their automatic seizure. So, as has been agreed in the debate, the bill will allow Customs officers to perform their role more effectively and efficiently.

We should just speak very briefly about the search powers that are also amended in the bill. It is proposed to allow Customs officers, immediately upon boarding a ship suspected of being involved in offences against particular acts, to search for, examine, take possession of and keep items that might be a weapon, might be used to help a person escape detention or might provide evidence of an offence against acts that are here specified. Again, this is a legislative change that is designed to ensure the safety of Customs officers and to better allow them to protect themselves from possible attack while they are investigating a ship, for instance, suspected of being involved in an offence, as well as preventing the possibility of evidence of an offence simply being thrown overboard before the ship reaches Australia. In other words, this particular change actually acknowledges that, in the environment of the sea far offshore, you must ensure that Customs officers are sufficiently protected against the kinds of risks to which they are almost routinely subjected these days. This change ensures that that is so.

Where a person might be arrested as a suspect for an offence, the amendments just minimise the opportunities for the suspect to escape custody. These new powers, I should add, are complemented by provisions regarding the proper manner in which they might be exercised. In other words, it is recognised that these are powers that are beyond those that are available in the ordinary circumstances of arrest in a civilian situation. They are justified, but at the same time it is acknowledged by Customs that they should be exercised in an especially responsible manner. I commend this bill to the Main Committee, and I again congratulate Customs on the especially effective work that it continues to do in the protection of our borders.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.