Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Shadow Parliamentary Secretary for Foreign Affairs) Share this | Link to this | Hansard source

I rise to speak on the Australian Border Force Bill 2015 and the Customs and Other Legislation Amendment (Australian Border Force) Bill 2015. Labor supports this reform, which delivers on a commitment that was made by the member for Blaxland as the justice minister in the former Labor government to establish the Australian Border Force. A single, integrated front-line operational border entity, the Australian Border Force will be charged with enforcing customs and immigration laws and protecting Australia's borders.

In 2013, on the advice of the Customs Reform Board established by Labor to provide recommendations about action needed to oversee the implementation of customs and border protection reform, Labor announced its blueprint for reform, flagging major structural and cultural renewal within Customs and Border Protection. It has been described as a milestone in the Customs and Border Protection Service's reform journey. The blueprint sets out a vision for the future, with an eye to it bolstering the protection of trade and travel.

Labour foresaw the difficulties in store for our border protection team and worked to alleviate the pressure through sensible changes and a stronger focus on the needs of the future. To do this, we set about modernising our business systems, our processes and our intelligence capability so that they were more suited to handling a greater load of responsibility. The challenge was not just more work; the work of Customs was also to become more complicated. This meant that we had to get the operating model right and make sure that Customs people received the right training and skills in order to do this important work. Strong leadership was, and remains, vitally important if we are to continue to meet the community's expectations of our borders, which is why Labor conducted the Capability Review of Customs and Border Protection. In 2013, this review identified areas where change was needed. They included leadership, workforce, the business model and enabling technology and innovation.

Labor's blueprint for reform made groundbreaking progress, with changes through measures such as establishing a Special Integrity Adviser to manage complex cases of serious misconduct. We ensured that Strategic Border Command was supported by a string of regional commands which managed the border through highly focused and effective intervention, while also coordinating national specialised capabilities, such as detector dogs; surveillance; and advanced ship search and border technologies, including X-ray and trace detection, field communications and cyber expertise.

Labor also took steps to strengthen the relationship between Customs and the Australian Federal Police, featuring a new model for undertaking border crime investigations involving joint decision making about investigative referrals for offences under the Customs Act. Labor modernised customs and border protection operations by moving towards full electronic data reporting for all goods arriving and departing our borders. Labor understands that improving our processes at the border requires constant refinement and modification to keep up with best practice. That is why this reform in that vein has been supported by Labor.

The Australian Border Force Bill provides the legislative framework for the ABF to be formed within the Department of Immigration and Border Protection from 1 July this year. This will bring the Department of Immigration and Border Protection and the Australian Border Force more clearly within the national security sector. The creation of the ABF and its associated enhanced security and integrity measures will allow greater vigour to be applied to the consideration of visa applications. However, importantly, the ABF will have no greater powers than currently exist for the Department of Immigration and Border Protection and the Australian Customs and Border Protection Service.

Specifically, this bill will establish the statutory office and role of the ABF Commissioner, who will have control of the operations of the Australian Border Force. The bill provides that the ABF Commissioner and APS employees in the ABF will be able to exercise powers under the Customs Act, the Migration Act, the Maritime Powers Act and other Commonwealth acts. The bill provides for binding written directions to be issued by the ABF Commissioner and Secretary regarding the administration and control of the ABF and the department respectively, and in relation to the performance of functions or exercise of powers under laws of the Commonwealth.

The bill provides the ability to require immigration and border protection workers to undergo alcohol and prohibited drug testing. It establishes secrecy and disclosure provisions for staff working within the ABF and it provides for the management of serious misconduct, including resignation and termination provisions for employees involved in serious misconduct.

The Customs and Other Legislation Amendment (Australian Border Force) Bill 2015 is consequential to the ABF Bill. It will repeal the Customs Administration Act upon commencement of the ABF Act and make consequential amendments to other portfolio legislation. Repeal of the Customs Administration Act will abolish the Australian Customs and Border Protection Service as a statutory agency.

The ABF Commissioner will have a dual role as the Comptroller-General of Customs, with responsibility for enforcement of customs law and collection of border-related revenue. The Commissioner will have the same standing as other heads of national-security-related agencies, such as the AFP Commissioner and Chief of Defence Force. The bill allows the ABF Commissioner to set and vary the essential qualifications for ABF staff only—not those in the Department of Immigration and Border Protection more generally. This is intended to assist in ensuring that the workforce has the necessary skills and attributes relevant to the roles being performed in the ABF.

The bill provides that if the Secretary terminates the employment of an employee of the Department of Immigration and Border Protection, and the Secretary or the ABF Commissioner reasonably believes that the employee's conduct or behaviour amounts to serious misconduct, the Secretary or the Commissioner may make a declaration to that effect. This provision is already in force for staff of the Australian Crime Commission, the Customs and Border Protection Service and the AFP. It was introduced as part of integrity measures for all law enforcement agencies. Interestingly, this provision has never been used in Customs or in the Crime Commission, and has only twice been called upon in the Australian Federal Police.

The bill contains provisions making it an offence to record or disclose information obtained by a person in their capacity as an entrusted person. An 'entrusted person' is the secretary, the ABF Commissioner and all staff of Department of Immigration and Border Protection. A breach of this provision would be punishable by imprisonment of up to two years. The provisions do not remove any obligations under, and are consistent with, the Privacy Act.

The Customs and Other Legislation Amendment (Australian Border Force) Bill 2015 contains amendments to the Work Health and Safety Act 2011 which acknowledge that IBP workers in the ABF will be engaged in a number of unique and high-risk environments that are    necessary for Australia's national security and defence. It is critical these workers can be confident that they are able to perform the tasks required of them professionally and diligently in what can be demanding environments.    In this regard, the Customs bill extends the assurance currently provided to Australia's national security agencies and Defence Force to the ABF and its workers, to explicitly enable them to address the unique issues that arise in relation to Australia's border protection.

The department will feature roles and responsibilities in the areas of regulation, enforcement, investigation, facilitation, revenue collection and service delivery. All staff of the department, including those within the ABF, will continue to be employed under the Australian Public Service Act, subject to the same terms and conditions. The decision to bring all Department of Immigration and Border Protection and ABF staff within the same 'integrity framework', regardless of their specific role, is aimed at fostering a common workplace culture within the merged agencies, allowing greater flexibility for staff to move within and between Department of Immigration and Border Protection roles and Australian Border Force roles and will allow all staff to have access to the same information and communication systems. This strengthening of the integrity measures in these departments comes about as a result of Australian Crime Commission and AFP investigations and prosecutions of officers within the Australian Customs and Border Protection Service that have been involved, in the past, in criminal activities. The recommendations were made in the blueprint established by Labor when in government and implemented by the then Minister for Justice, the member for Blaxland.

The new department will operate under the Australian Customs and Border Protection Service drug-testing regime. The opposition expects the Australian Border Force to implement this regime in consultation with affected staff and, of course, with their relevant union, the Community and Public Sector Union. As should reasonably be expected, the portfolio has zero tolerance for the possession, use or trafficking of prohibited drugs, and the Department of Immigration and Border Protection and the Australian Customs and Border Protection service are alcohol-free workplaces. This is the same drug and alcohol regime that currently exists for all Customs and Border Protection staff, regardless of which part of Customs they work within. Again, it is intended to reflect the fact that all Department of Immigration and Border Protection staff will have access to sensitive information and be in a position to have influence at a national and international security level. It is vitally important that the Public Service is held to the highest levels of integrity as it seeks to maintain integrity in the procedures and laws necessary in the management of Australia's borders, the integrity of which is of vital importance to the individual freedoms of Australians, the flow of people and the movement of goods.

Australian Customs and Border Protection officials experience many significant challenges at our borders. Economic imperatives mean that importers and exporters expect seamless border processing that meets world's best practice. Security imperatives mean that the need to protect Australia from those attempting to breach the border will not lessen. Substantially increasing volumes of traffic in terms of passengers and cargo, the increasing complexity of travel routes and supply chains, as well as the ongoing threat from criminal infiltration all require constant enhancement to cope with evolving and sophisticated threats and risks at the border.

International air and sea passengers are projected to increase from around 34 million in 2013-14 to 40 million by the final year of the forward estimates, while incoming air cargo is projected to increase by 125 per cent over the same period. The result is more pressure on the border, yet intervention times in which to prevent the illegal movement of people and goods remain limited. For many outside our borders, Australia is an attractive place in which to do business. Australia is home to a dynamic, globalised marketplace the envy of the world, and effective border control plays a central role in maintaining our global competitiveness by fostering rapid movement associated with entry and exit from Australia. But, in the same way that the global economy benefits from greater and more efficient movement of goods between national economies, so too do the passage and trade of illicit goods.

Organised crime groups are constantly seeking to breach our secure borders. Transnational organised crime is now big business. In 2009 it was estimated to have generated US$870 billion—an amount equal to 1.5 per cent of global GDP at the time. Unsurprisingly, those engaged in organised crime energetically, aggressively and innovatively compete for their share of illicit markets. They are profit driven and employ increasingly complex network structures and ways of concealing their activities and their identities. By ensuring effective border control, we are able to regulate what goes out of the country and under what conditions and, most importantly, what comes in. Of course, to do this effectively and to ensure there are no unnecessary impediments to the movement of people and goods in and out of Australia, oversight must be provided by a competent and well-resourced department.

Labor is keenly aware of the need for reform in the customs and border protection space. That is why we initiated the review process in government, that is why we implemented the blueprint reforms and that is why we support this reform. In government, we began the work necessary to overcome the pressures we foresaw for our Customs and Border Protection team. Strong leadership of course remains vital to the task, in addition to getting the operating model right and ensuring the people charged with working to maintain the integrity of our borders have the training, skills and abilities necessary to do their job. Labor supports these bills and their continuation of the work we did in government to strengthen the Customs portfolio and maintain the highest levels of integrity at our nation's borders.

Nickolas Varvaris (Barton, Liberal Party) Share this | Link to this | Hansard source

I rise to speak on the abolishment of the Australian Customs and Border Protection Service as a statutory agency, through the repeal of the Customs Administration Act of 1985, and the merging of its functions with the Department of Immigration and Border Protection.

Today's bill is another important piece of legislation the coalition is recommending to strengthen our border security arrangements. I am proud to say that our government is systematically implementing and reinforcing good policies that will sustain our track record of no lives lost at sea. I would also like to remind the House that no boats have arrived in over 200 days. This can only mean that the coalition has implemented a raft of measures that have deterred people from risking their lives in unsafe passages at sea.

Today's legislation is part and parcel of the important work the coalition is doing to strengthen our operational capability in border security and immigration. Our borders are a national asset that define our democratic and sovereign state. They are our gateway for trade, business and the operation of free markets. They support our strong national security through the prohibition of goods and people who seek to break the law. Whilst our operational framework is currently viable, it cannot guarantee to safeguard the integrity of our border security for the future. As such, operational amendments and streamlining are necessary to ensure our immigration personnel have the right resources to carry on their important tasks, and that our operations are as seamless, efficient and effective as possible. This is essential, given the volume of trade Australia enters into and the increasing population movements across our borders. It is the responsibility of the Australian government to ensure we have a secure platform for all these activities that have contributed enormously to our economy.

The Australian Border Force Bill 2015, and the other border protection reforms being implemented by the coalition, will position our nation to confront the challenges posed by increased border interactions. The Australian Border Force Bill 2015 will include the establishment of the Australian Border Force within the Department of Immigration and Border Protection with a specific Australian Border Force Commissioner. It will enforce customs and immigration law to better protect our national borders.

Australia's coalition government is determined to protect our borders and ensure that national security is always prioritised and carried out with integrity. We need a national security agency that can actively address evolving national security threats with the capacity to better enforce laws. In 2008, the creation of a single Australian border agency was rejected by the Review of Homeland and Border Security. The recommendation given was that, rather than bringing key border functions together in a single border agency, a whole-of-government strategic planning framework would better suit Australia. This framework is exactly what the coalition's formation of the Australian Border Force will offer.

The coalition commenced active discussions on a single, streamlined border security network in May of last year that will see the amalgamation of the Department of Immigration with the Customs and Border Protection Service as a single federal entity. Thus, today's bill also allows the necessary legislative basis for such an establishment to have control of the operations of the newly formed Australian Border Force.

As part of the plan to consolidate Customs into the Department of Immigration and Border Protection, a series of reforms and capability improvements will be implemented in Customs to further lead to the abolishment of Customs on 1 July 2015. The Australian Border Force will be headed by a commissioner, who will report directly to the minister, and for administrative purposes, there will be a reporting link to the Secretary of the Department of Immigration and Border Protection. The commissioner will have the same standing as other heads of key national security related agencies such as the Commissioner of the Australian Federal Police and the Chief of the Defence Force. The commissioner will also be the Comptroller-General of Customs, with responsibility for the enforcement of customs law and the collection of border related revenue.

This bill illustrates the important measures that are critical to ensuring our border security is agile and reflective of the changes to the way we conduct business, and the merging transient patterns of human movement. By way of example, recent statistics show that in 2012-13, Australia issued nearly 4,500,000 visitor and temporary resident visas. This figure includes working and student visas. In addition to these, 190,000 migration visas were issued that year. Some 8,308 non-illegal asylum protection visas were lodged, and nearly 20,000 illegal maritime arrivals were screened. With a total of approximately 5,000,000 people entering Australia in 2012-13, the screening, processing and recording of them can prove to be difficult, with various departments having to work on them. As a streamlined department with aligned strategy and goals, the Australian Border Force will have the capacity to act in a timely and efficient manner.

The establishment of the Australian Border Force will remove duplication and it will enable the deployment of greater resources to the front-line operations. Not only will the Australian Border Force bring together front-line staff but it will also be a savings measure. The budget of 2014-15 included $480.5 million over four years to consolidate Customs into the Department for Immigration and Border Protection. Through the removal of duplication significant savings will be made. These savings will then be available to reinvest into the Australian Border Force without having to further strain government spending. Furthermore, today's bill will bring together the people, expertise and systems across the immigration and border protection portfolio into a single department.

We can look to our international partners to see how similar actions have positively impacted those nations. Both the United States and the United Kingdom have adopted similar reforms to those proposed in this bill. From their failures and successes it is clear that the Australian Border Force will benefit our national border security by being a hybrid of the current UK Home Office model. The model proposed is similar to what the United Kingdom now has in place, where its border force, previously part of the troubled UK Border Agency, became a law enforcement command within the Home Office, in 2012.

This coalition government has a successful track record of securing Australia's borders. We promised to stop the boats, and it was done. National security has always been a key focus in our policies, and we believe this needs to be done in a truly integrated and holistic fashion. We on this side have a vision to protect Australia and work effectively towards the national interest. Working on a whole-of-government strategic framework has continually been in our interest, and has proven to be a successful way to achieve effective reform that will serve our national interest and give the populace peace of mind.

Enforcing our customs and immigration laws are two the issues on which this coalition government was

voted in. These two issues are relevant to the reform proposed through this bill today. It is in our national interest to protect the borders and to protect those within our borders from potential national security threats. It is in our national interest tokeep a record of who is entering and who is leaving our country, and to put a limit on the expenditure put into screening illegal maritime arrivals.

We were ver y clear about this in the 2014-15 budgetary allocation of $480. 5 million to this reform . Flagged in the Customs Blueprint for reform: 2013-18 are : enforcement of the establishment of a strategic border command ; an acquisition of six vessels suitable for inshore and costal operations; reform on trade and travel , including a new 'trusted trader' framework; and the consolidation of Customs in to the D epartment of I mmigration and B order P rotection , as well as the establishment of the A ustralian B order F orce . Of the $480.5 millio n, $98.9 million, $70.9 million and $53.6 million have been allocated respectively. The further $256.6 million is allocated for intelligence and systems, including new capabilities to support the Na tional Border Targeting Centre. These are bound to be of great assistance to the g overnment, to the D epartment of I mmigration and B order P rotection and to the A ustralian B order F orce in securing our borders .

W e all know that addressing the key concerns identified by the populace and the g overnment is of national interest, and something the c oalition is devoted to. Since the coalition government was elected , we have strived to spend responsibly and to ensure that funding is not wasted on maintaining a separate agency that performs the same functions. Having two separate agencies whose services overlap is not sustainable for either the objective of the departments or for tax payer s' funds.

The Australian Border Force will draw together the operational border s , investigations, compliance, detention and enforcement functions of the two existing agencies— the Department of Immigration and Border Protection with the Australian Customs and Border Protection Service. This key amalgamation of policy, regulatory and corporate function s with the broader department will create a more effective approach to Australia's b orders. T he provisions mentioned in this b ill today send a strong signal that mis conduct at our national borders will not be tolerated. Strengthening our borders contribute s to a safer nation for communities and a better society.

I hope members opposite will join members on this side of the House in supporting this vital bil l to ensure the viability and i ntegrity of our border security. This framework is of paramount interest to the government and all the important personnel working across these departments. We must ensure that the framework we have is updated and modified according to new risks imposed by external factors and that we mitigate risk to our citizens appropriately.

The reforms presented through this bill will ensure that this government continues in its approach to ensuring that the economy i s drawn back into surplus, whilst ensuring that the protection of our borders and those within them . I commend this bill to the House.

Justine Elliot (Richmond, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Australian Bo rder Force Bill 2015 and the Customs and Other Legislation Amendment (Australian Border Force) Bill 2015. I rise to support these bills. I note that our previous speaker, the member for Kingsford Smith, appropriately outlined Labor's record in government in our commitment to modernising and streamlining our customs and border protection services. The purpose of the bills is to establish the role of Australian Border Force Commissioner. It is also to enable the operation of the Australian Border Force. Also, it introduces provisions to support the management of a professional and disciplined workforce that exercises its powers and functions with the highest standards of integrity, which it certainly does need to have.

The Australian Bo rder Force Commissioner will be a statutory officer who will have control of the operations of the Australian Bo rder Force . The commissioner is directly accountable to the minister in relation to these operations. In fact, the Australian Bo rder Force Commissioner will have a dual role with responsibility for the enforcement of Customs laws and the collection of border related revenue. It is important to note that the commissioner will have the same standing as other heads of national security related agencies, such as the AFP Commissioner. The Australian Bo rder Force will be a single, integrated, frontline, operational border entity within the department that is charged with enforcing customs and immigration laws.

Immigration and Border Protection workers play a vital role as they make very important decisions every day that affect the safety, rights and freedoms of many individuals that they come in contact with. Indeed, due to the very nature of their work, they do hold quite a privileged place when we talk about the access they have to secure environments and, indeed, to law-enforcement databases, as well. They also exercise significant powers under the Customs Act, the Migration Act, the Maritime Powers Act and other Commonwealth law which, of course, relates to other powers they may have in relation to arrest, detention, entry-and-search provisions, the questioning of people, seizure of certain items or, indeed, in relation to the use of force. There is a whole variety of different powers they have in relation to all of those measures.

Because of all that, naturally the government and the community, very importantly, quite rightly have the expectation and trust that Immigration and Border Protection workers will exercise these powers reasonably, impartially, lawfully and, indeed, professionally. Quite rightly, there is that expectation. Because of these very high expectations, the bill does, indeed, contain a number of integrity provisions. If you like, they are in place to increase the resistance of the possibility of infiltration and corruption and to enhance, also, the government and public confidence in those Immigration and Border Protection workers. As a former police officer myself, I support and understand the necessity for the provisions that relate to the high standards required of the protection workers and I understand the reasons for them. Whilst I support these provisions, at the same time I want to take the opportunity to acknowledge the great work by the overwhelming vast majority of the border protection workers who are often working in very complex and difficult circumstances. Whilst we always say it is important to be striving for high standards of integrity, which we must always be aiming for, it is also equally important to be acknowledging many of the high standards in place and the dedication of those who are working in our border protection or national security agencies.

The bill also includes provisions that enable the setting of standards for this highly trained, disciplined and flexible workforce. Labor supports this bill because we understand how important it is to strengthen our border protection framework by improving the capacity, the abilities and the efficiencies of our border protection agency. I understand the bill has been referred to the Senate Legal and Constitutional Affairs Legislation Committee and that it is due to report on 7 May 2015.The bill provides a legislative framework for the Australian Border Force, which will be a single, front-line, operational, border control and enforcement entity that will be formed within the Department of Immigration and Border Protection from 1 July 2015.

The Australian Border Force will bring together the people, capability and systems from across a range of different agencies. The capabilities will be enhanced with the breaking down of traditional government department silos—in this case, those of immigration and customs—allowing this Australian Border Force to better focus on their core business and access the capacity that they need. This new department will incorporate roles and responsibilities in the areas of regulation, enforcement, investigation, facilitation, revenue collection and service delivery, and will be staffed from the Australian Customs and Border Protection Service and some current Department of Immigration and Border Protection staff.

The staff of the Australian Border Force will continue to be employed under the Australian Public Service Act and be subject to the same conditions. Australian Customs and Border Protection Service operational staff will move into the Australian Border Force. Also, departmental staff will transfer to the Australian Border Force, including those working in immigration compliance, enforcement, detention services and other operational functions. The decision to bring all Department of Immigration and Border Protection and ABF staff within the same integrity framework regardless of their specific role will allow greater flexibility for staff to move within departments and also allow staff to have access to the same information and communication systems.

Civilian staff within the new agency will have access to all the same information as the front-line staff and therefore will need to be held to the same integrity standard and framework. All staff will have access to information provided by agencies such as ASIO, ASIS, CIA and the FBI and therefore a baseline security clearance will be required by all. Those baseline security clearances are already in place at the departments of defence and foreign affairs and trade.

A safe and effective working environment is most important and, to maximise anticorruption measures, the bill allows for all staff within Department of Immigration and Border Protection, including the secretary and the ABF commissioner, to be required to undergo drug or alcohol testing. This could include a random test without notice. Currently, Australian Customs and Border Protection Service staff, regardless of where they are employed in Customs, are subjected to the same drug and alcohol regime. This reflects the fact that all Department of Immigration and Border Protection staff will have access to sensitive information and are in a position to have influence at a national and international security level. A similar requirement applies to all Australian Federal Police staff. The bill also provides for the management of serious misconduct, including resignation and termination provisions for employees involved in serious misconduct. This is also a reflection of the sensitivity of the material that they are dealing with in day-to-day their activities.

The Australian Border Force commissioner's statutory authority will be created under this bill and the commissioner will be in charge of all operations of the Australian Border Force. The bill allows the Australian Border Force commissioner and APS employees to exercise powers under the Customs Act, Migration Act, Maritime Powers Act and other Commonwealth laws. The Australian Border Force commissioner and secretary will be able to give binding directions in writing regarding the administration and control of the ABF and the department in respect to the performance of functions or the exercising of powers under laws of the Commonwealth.

The Australian Border Force staff will require certain relevant skills to carry out their duties. In recognition of this imperative, under this bill the commissioner will set and vary the essential qualifications for staff as per different requirements. To demonstrate the need for a professional and ethical culture and as a mark of the standards and professionalism expected by ABF staff, the ABF commissioner will require staff to make and subscribe an oath or affirmation. This provision will only apply to those ABF staff working within the enforcement or policing areas of ABF and will not impact on the terms and conditions of their employment.

The bill provides that if the secretary terminates the employment of an employee in the Department of Immigration and Border Protection and the secretary or the ABF commissioner reasonably believe the employee's conduct or behaviour amounts to serious misconduct, the secretary or the commissioner may make a declaration to that effect. Serious misconduct will be defined as 'corrupt conduct engaged in, a serious abuse of power, or a serious dereliction of duty, by the worker; or any other seriously reprehensible act or behaviour by the worker, whether or not acting, or purporting to act, in the course of his or her duties'. This is consistent with the definition within the AFP Act and the Australian Crime Commission Act. The serious misconduct declaration power cannot be delegated by the secretary or ABF commissioner. This provision brings them in line with staff of the Australian Crime Commission and the AFP, and was introduced as part of integrity measures for all law enforcement agencies. A declaration of serious misconduct has been never been made with the Crime Commission or the Australian Customs and Border Protection Service but approximately twice within the AFP. Procedural fairness in the decision to terminate an employee's employment would still apply—that is, the employee could seek damages under common law.

The bill allows the secretary and ABF commissioner to issue directions that would require mandatory reporting of serious misconduct or criminal activity that they become aware of which affects or is likely to affect the operations, responsibilities or reputation of the department. Similar provisions already apply within the AFP, the Australian Customs and Border Protection Service as well as to other professionals who become aware of misconduct or criminal activity.

This bill contains provisions making it an offence to record or disclose information obtained by a person in their capacity as an 'entrusted person'. An entrusted person is the secretary, ABF commissioner and all staff of the Department of Immigration and Border Protection. A breach of this provision would be punishable by imprisonment of up to two years. The provisions do not remove any obligations under and are consistent with the Privacy Act.

The Customs and Other Legislation Amendment (Australian Border Force) Bill 2015 is consequential to the ABF bill and will repeal the Customs Administration Act upon commencement of the ABF act.

Labor support this bill because we know how important it is to strengthen and streamline our border protection framework. We had that view in government and we certainly support this bill in opposition because we can see how important it is that we have that border protection framework.

Luke Simpkins (Cowan, Liberal Party) Share this | Link to this | Hansard source

It is great to have this opportunity to speak on the Australian Border Force Bill 2015. And I do endorse this bill, as I endorse every piece of the coalition government's policy and legislation, particularly with regard to matters to do with national security. Whether it is our fair and effective immigration policy, metadata or—my personal favourite, because it is a bit of a proposal of mine—the revocation of citizenship for dual nationals who participate in terrorist causes, these are all policies and legislation that are ultimately and totally worth supporting, as is, in this case, the Customs and Other Legislation Amendment (Australian Border Force) Bill 2015, which will repeal the Customs Administration Act 1985 and amend a number of other Commonwealth acts, including the Customs Act 1901.

Although I was in the Australian Federal Police for two years before I joined the Army, I did not have much to do with Australian Customs. I do recall that one of the people I went to school with, a guy called Tim Morris, joined Customs not long after I joined the Federal Police, but he later moved on to the Australian Federal Police. I consider Tim Morris one of the stars of our class, now Assistant Commissioner with the Australian Federal Police. He has certainly been doing great work in providing reality checks on the conspiracy theorists who suspect the worst regarding metadata.

But I digress, because even when I was in the AFP I had great confidence in Customs. I used to go to see the Customs officers working at Sydney airport when we would move through their areas, and they seemed to be completely on top of it. In fact, I remember one day a number of us were talking about how Customs had intercepted someone trying to smuggle drugs in the heels of his boots, walking through Customs. I was thinking, how do you possibly work out that the guy had drugs concealed in the heels? I believe it was heroin or cocaine. And it was just because one of the Customs officers had detected that the heels were not right on those boots. So, we are talking about people with great skills and great experience. I guess from that point on I always thought Customs were so very good at their job and completely on top of their game. Whether it was there at that front line of the border or whether it was in what we used to call parcels post, whereby people tried to post drugs into the country, the Customs people were very sharp operators, and it is easy to have great confidence in what they did and what they do.

What has become clearer in the years since I left the AFP is that the circumstances surrounding our borders have become even more complex and more challenging, and of course it will continue to evolve. When I was in the AFP working at Sydney and Perth airports, the threats were less sophisticated and the means to detect the threats were, unfortunately, also less sophisticated. Now it is a real battle, and we need to make sure that in a broad figurative sense our 'border soldiers' are armed with the latest equipment and are ready to fight. It is important to fully understand that the border is complex. It is where the flow of people and the movement of goods are controlled. It is not just a line on a map but, rather, exists offshore and onshore, because it includes overseas, the maritime border and also the domestic dimensions of the border. Clearly it is not a line where there is a stop sign but where those responsible must regulate access and egress and facilitate and enforce the law.

The coalition is committed to building a safe and secure Australia, and this bill is a vital part of maintaining this commitment to the Australian people. By combining the experience of staff who interact with people and goods, the Australian Border Force will be in a better position to deal with threats to Australia's borders. The integration of Immigration and Customs functions is also an essential part of improving efficiency. The Australian Border Force is required to control who comes and goes and also what comes and goes. Through this process, the safety and security of Australia and our people is protected.

We must also remember that, practically, there is a significant effort in the maritime area to identify and act on illegal arrivals and to conduct surveillance in our exclusive economic zone for illegal fishing and other maritime threats. To demonstrate the increasing demand for effective border protection, interestingly in the 2012-13 financial year air cargo constituted 28 million tons, and in 2016-17 an 85 per cent increase is expected, and it will rise to 52 million tons. In the case of sea cargo, the increase is 20 per cent—therefore, 2.7 million tons up to 3.4 million tons. Over the same period, the number of international travellers is expected to increase by 25 per cent, going from 34 million up to 43 million a year.

This bill therefore is the delivery of the May 2014 announcement that we intended to consolidate the Department of Immigration and Border Protection and the Australian Customs and Border Protection service into a single department, with the Australian Border Force established within the department. This bill will effectively bring all existing Customs and Immigration functions of an operational nature together whilst leaving policy, regulation and corporate matters to the department. As part of the Australian Border Force there will be a commissioner who will have a dual role as the Comptroller-General of Customs. To meet the challenges of the environment, the ABF will have a number of workforce management process provisions provided, including a professional integrity framework, information secrecy and disclosure, and of course means to deal with serious misconduct.

As a former member of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity, I am pleased that the commission will have jurisdiction over the whole department on a whole-of-agency basis. There are parts of this bill that include significant administrative detail. I will not go into those just to fill up time, but I would say that this bill will enable this nation to have a better response to the issues of protecting our borders. Not only will we have a better capability, thanks to having the Australian Border Force, but also this sort of significant reform will be more efficient. As has been said, over the forward estimates around $180 million will be achieved in savings measures, and it is likely to achieve $100 million a year after that. These changes should be seen in the context of the challenges now and into the future. Trade and passenger numbers will increase sharply. The supply chains will get more complex, and the ABF, through these changes, will have the flexibility and the capability to respond to the needs of this nation and to the threat wherever it materializes on our borders.

When I talk of the complex challenges, we can of course expect that organised crime across the borders, around the region and around the world will be looking for chinks in our armour and will take advantage of any weaknesses. The Australian Border Force will be up to the task and will work in concert with other agencies, both here and overseas, to meet and defeat the threats. I know that some people may have trouble with some aspects of this bill, such as the ability to delay resignations for up to 90 days where an officer is being investigated for serious misconduct, but this is nothing new and does already exist in other agencies.

I do also wish to be very specific about the lines of demarcation that will result. Firstly, the Australian Border Force will be responsible for border control and also investigations, compliance and enforcement. Border control includes strategic border command-land; strategic border command-maritime; and immigration border functions, such as the frontline of airports and ports, remote areas and uniformed officers.

With regard to investigation, compliance and enforcement, or ICE, this includes conducting ICE across a scope that includes customs, immigration, onshore detention, removals, offshore processing, operations, and community programs.

The Australian Border Force Bill 2015 acknowledges the unique and developing challenges of law enforcement and immigration and the challenges of the border, and I very much endorse the bill.

Gary Gray (Brand, Australian Labor Party, Shadow Minister for Resources) Share this | Link to this | Hansard source

It is with great pleasure that I follow the member for Cowan in this debate to support the Australian Border Force Bill 2015. It is an important bill. It is an important bill for West Australians. It is important not just because our state, as we know Deputy Speaker Randall, is the state with the longest coastline in the entire Federation—bounded by the Southern Ocean to the south, the Great Australian Bight, past the Indian Ocean to the Arafura Sea, and Bonaparte Gulf in the northern part of the state. So the security of our borders and of our seaways is very important to West Australians. As I will say later in my comments, the technology that we will deploy to give life to the Australian Border Force is technology that has a unique West Australian capability and a unique West Australian edge.

I am particularly pleased to be speaking on this bill because it is a great demonstration of the many things that unite both sides of this House. The idea of this kind of initiative in immigration and border protection is something that grew from a lot of work that was done by the Gillard government and championed very strongly and in a very articulate manner by the then minister Jason Clare. Indeed, so recognisable is this model from the model that was discussed by the former government that it is clearly possible to see a terrific heritage for this bill and a lot of thought that has gone into the construction of the Australian Border Force—how it will work and how it will deploy its effort to protect our national borders in the great interest of our nation and in the interests of safety. Later, I will focus specifically on maritime safety.

The bill provides a legislative framework for the ABF, which is a single frontline operational border control enforcement entity that will be formed within the Department of Immigration and Border Protection from July this year. That is a good thing. It will bring the Department of Immigration and Border Protection and the Australian Border Force more clearly within the national security sector. That is an outstanding thing. The creation of ABF, and the associated enhanced security and integrity measures, will allow greater rigor to be applied to the consideration, for instance, of visa applications. The ABF will have no greater powers than currently exist for the department and the Australian Customs and Border Protection Service, but it will deploy those powers in a better way.

There are many things that make me particularly pleased when I look at this bill, mostly because, as we know, the proper management and control of our borders is critical to the economic interests of our nation. Maintaining our borders as a secure platform for trade, travel and migration is a core responsibility of the Australian government. It is a responsibility that we all, in this place, have taken seriously since the Federation was created. Indeed, it was one of the reasons for the creation of the Federation. There is little point in having planned migration programs or laws around the movement of goods and people if we cannot protect the integrity of our borders. The initiatives in this bill will allow us to do that.

Some of the unique West Australian technologies that will be deployed to help make this border force work are, of course, the Cape Class patrol boats, which are built in Western Australia. They are built I am sure, Deputy Speaker Randall, by many workers from your electorate and from mine—highly skilled workers plying their skill not just in aluminium welding and in the fabrication of sophisticated maritime assets, but also in the design of those assets. They do it out of an outstanding company called Austal, which does its business out of Henderson, just north of my electorate in the southern coastal fringe of Perth. Austal is, globally, a unique company. It is unique not simply because of the intellectual property and design skill that it brings to the unique tasks that it undertakes, but it is unique because it does so on a commercial model. We do not see Austal out campaigning for protection. We see Austal out campaigning for jobs and work on a global scale. We see Austal now, for instance, winning one of the great contracts for the supply of vessels to the US Navy—a contract in the order of some $10 billion that will bring life to vessels built in Alabama from skilled design that grows out of Perth and skilled innovation that has been put together out of the Austal shipbuilding facility in Western Australia. When Austal was awarded the contract for the design, construction and through-life support of the Cape Class patrol boats for Australian Customs and Border Protection, as it was known in 2011, the eight nearly 60-meter aluminium monohulls were due to be delivered by August this year. Each and every one of them has been delivered on time and on budget. Each and every one of them has performed to its original specification, and each and every one of them is to be deployed, as was intended, in the protection of our borders. The support contract is to extend for a minimum period of eight years and encompass the full range of intermediate and depot level maintenance activities.

The Cape class patrol boat is both innovative and a terrific piece of technology. It brings greater range, endurance and flexibility in responding to a whole range of maritime security threats. It brings greater flexibility than the old fleet and it brings greater capacity than the old fleet. The vessels have enhanced capability to operate in higher sea states and to survive in more severe conditions. As we know, the Indian Ocean can bring with it at certain times of the year severe sea conditions that would test most vessels and most crews.

The Cape class patrol boats are able to undertake 28-day patrols—remain at sea for 28 days—and are able to sail 4,000 nautical miles before needing to refuel. They have the capacity to combat the full range of maritime security threats. They have a larger crew to more effectively and safely manage boarding operations. They can identify, track and intercept an extended range of threats in the maritime domain and gather intelligence and store evidence for matters that may proceed to the courts in our own country. They are also able while at sea in difficult sea conditions to launch two tender response vessels simultaneously. The capacity of these vessels is prodigious.

As all West Australians would agree, the work that Austel do at Austel ships makes us proud. I would encourage anyone who has not yet had the pleasure, to go to Austel and see not just the quality of what they build and design and the quality of their workmanship but also the work that they do to train their staff and their team. It is another great thing about the Kwinana industrial strip and, in particular, one of the great defining elements of this company, Austel.

These ships will also be used to counter people, drug and weapons smuggling. They will be used to apprehend foreign fishing vessels. They will be used to gather information and intelligence, monitor environmental pollution and assist management of offshore nature reserves and marine parks. These assets are about so many things and, working with the newly constructed Border Force, they bring to the Australian government the capacity to ensure that our borders are not only kept safe for people movements and trade and commerce but also kept safe for the people of Australia.

I began my comments by making an observation about the sheer size and length of the Western Australian coastal corridor and by making the point that, in so many ways, our Federation was created due to the need of the original colonies to create that safety for the original colonisers of our country. The development of the Australian Border Force and the capacity we have will allow our nation to carry out its responsibilities to itself and, in the complex world of maritime protection, in a way that will make us all proud. With Australian technology and careers and jobs developing through the Australian Border Force itself valuable work can be done in the protection of human life and the protection of our Australian way of life. I commend this bill to the parliament.

Wyatt Roy (Longman, Liberal Party) Share this | Link to this | Hansard source

I am very proud to stand here tonight to speak on this important bill, the Australian Border Force Bill 2015, which builds on the government's significant achievements around border protection over the past almost 18 months. As a regular participant in the Australian Defence Force Parliamentary Program, I have seen the results first-hand. Last year, I spent a profound week on operations out of Darwin with the military and Customs personnel who protect Australia's borders and offshore maritime interests. These dedicated men and women are relieved to no longer be plucking the bodies of perished children, parents and grandparents from the ocean. I was moved as they recounted horrors that have taken a huge professional and personal toll. That the former Labor government put them in that position struck me as abhorrent. Indeed, those on the Left who claim to represent a humanitarian viewpoint have overlooked, ignored or forgotten that under the policies of the Labor and Greens government, more than 1100 people drowned while trying to reach Australia in leaky boats.

This government's border protection policies have not only save lives but have already saved $2.5 billion, which could, once the budget improves and the detention burden further reduces, be reinvested in our humanitarian program. So, clearly, the first border task of this coalition government has been—with the utmost efficiency—accomplished. We have stopped the boats. We have saved potentially thousands of lives—and certainly billions of dollars. However, border protection does not start and finish with nullifying illegal boat arrivals. We must now apply the lessons of our success with Operation Sovereign Borders to our broader border picture.

Ahead on the horizon for Australia's borders are some significant challenges. Over the next three years, air cargo consignments are expected to grow by 85 per cent, sea cargo will increase by 20 per cent and 25 per cent more international travellers will be headed to our shores. These additional movements come at a time when the threat of serious, organised transnational crime is bearing down like never before. Faced with these looming pressures, we are again determined to take the steps necessary to secure the integrity of our borders and, in so doing, protect the Australian people from those who seek to do us harm—protect them from all but legitimate trade, travel and migration factors critical to our diversity and the free market opportunities for which our economy is built. With this bill, we establish the new framework.

The key spoke in the reform is embedding the role of an Australian Border Force Commissioner, who will command a new, front-line operational border control and enforcement entity to be known as the Australian Border Force. In effect, we are consolidating and strengthening our border protection services into a single unit. This unit will in turn fit inside the merging of the Australian Customs and Border Protection Service with the Department of Immigration and Border Protection. The single, newly-integrated Department of Immigration and Border Protection will assume responsibility across customs controls, immigration laws and border protection.

The Australian Border Force Commissioner will be our most senior border law enforcement officer charged with leading our many highly-trained and field-proven officers in protecting and maintaining our borders. The wide-ranging team will encompass not only those who staff the air and sea borders at airports and ports, but also those who are involved in investigations, compliance and enforcement in respect of illicit goods and illegal visitors. This includes the management of detention facilities and the removal of noncitizens who do not have a right to stay in Australia. The commissioner will be afforded the same standing as other heads of key national security related agencies, such as the Commissioner of the Australian Federal Police and the Chief of the Australian Defence Force. The Australian Border Force Commissioner will also be the Comptroller-General of Customs, with responsibility for the enforcement of customs law and the collection of border-related revenue.

As I stated earlier, this bill will facilitate the full integration of the Australian Customs and Border Protection Service and the Department of Immigration and Border Protection into a single department. By removing the traditional silos of immigration and customs, the Australian Border Force takes a common sense approach that will improve capability and pull together border policies, strategy and operations to bring cohesion and focus. The concept of an integrated border authority is not a new one. We have seen successful applications of this in the United States and in the United Kingdom. With this bill, our modelling seeks to adopt the best of these experiences while remaining attuned to our unique geopolitical circumstances and challenges.

The Australian Border Force will also include staff serving beyond our borders. It is important to maintain these strategic operational roles with our regional partners to help secure Australia's maritime zone, to continue to prevent and deter illegal arrivals and to stop any influx of prohibited goods. The Australian Border Force will also work collaboratively with law enforcement and intelligence partners in jurisdictions both here and abroad. The success of Operation Sovereign Borders, which triggered the collapse in illegal boat arrivals and people no longer dying at sea, could not have occurred without the mutual sense of purpose, trust and information sharing between government agencies.

All of this enhanced capacity to meet the challenges of the future to secure our borders for future generations of Australians represents a considerable saving to the taxpayer. This is a once-in-a-generation reform in which the consolidation of the department of immigration with Customs and the establishment of the Australian Border Force is expected to generate $180 million in efficiencies over the forward estimates, increasing to $100 million each year after that.

We have a responsibility to the Australian community to deal with eventualities on our borders now. While border agencies perform an invaluable role today, current operations simply will not be sufficient to protect our border beyond 2020. Current separate agency arrangements will not deliver the most cost-efficient and sustainable approach into the future. These changes will ensure the right balance is achieved in maintaining the integrity of the Australian border while fostering legitimate trade and travel movements. The measures will also allow us to effectively deal with the speed and complexity of the future border protection environment. With this bill, the government is once again demonstrating our commitment to national security operations while building on our track record in regard to illegal boat arrivals.

Without this legislation, immigration and customs officers will not be in the best position to tackle the risks posed by mounting volumes of travellers, business entities and migrants in a world increasingly and tragically beset by insidious threats to our national security. As the government of the Australian people, we must do everything we can to stay ahead of crime syndicates and terror threats which would seek to penetrate our borders and weaken our harmonious and diverse culture. We are a society that promotes freedom and treasures the safety of communities.

When we came to government, we inherited what—it would be fair to say—was a very big mess on our borders. The process of bringing together government agencies and of developing an effective solution to deal with the challenges we face on our borders was not an easy journey to go on. I am somebody who has spent time serving with our customs and border force agencies in the north and seen the professional and personal toll that has been taken on individuals that have gone through this process. The bill that we have before us here tonight will make a very significant difference. It builds on the lessons that we have learnt throughout that important process. We owe it to the Australian people—and I want to thank the Labor members who spoke in support of this bill tonight—to implement the best possible reforms, so that we can ensure that the Australian border is protected for many years to come and that future generations of Australians can have trust in the security and integrity of the Australian border. For those reasons, I commend this bill to House. Debate interrupted.