Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023 will update, improve and clarify the intended operation of key provisions in the Crimes Act 1914, the Criminal Code and the Australian Crime Commission Act 2002. These amendments are required to support the proper administration of justice and combat serious and organised crime.

Schedule 1 to the bill amends the Crimes Act to confirm that the Attorney-General has unambiguous authority to make parole order decisions for federal offenders. The amendments put beyond doubt the Attorney-General's duty to make or refuse to make a parole order for a federal offender, even if their non-parole period has expired. This addresses circumstances where it is not possible for a decision to be made prior to the end of a non-parole period, such as where that period is reduced on appeal.

The amendments in schedule 2 of the bill will help agencies deal with the threat of serious and organised crime, which poses a grave and enduring threat to Australia's national security and prosperity. In 2020-21, the Australian Institute of Criminology estimated that serious and organised crime cost the Australian community up to $60.1 billion.

Existing import controls have proven insufficient in preventing criminal groups from importing chemicals that contribute to Australia's illicit drug market. Transnational, serious and organised crime actors are using increasingly sophisticated methods to import illicit drugs and precursor chemicals into Australia. Schedule 2 to the bill makes amendments to the Criminal Code to enhance import controls on chemicals that are commonly used as illicit drugs and precursors but which are also used legitimately by industry—for example, in the manufacture of plastics, adhesives or ingredients in cosmetic products.

Currently, these chemicals can be legally imported into Australia for legitimate industrial use by importers that are registered with the Australian Industrial Chemical Introduction Scheme. However, entities not registered with the Australian Industrial Chemical Introduction Scheme that import the chemicals into Australia only face maximum financial penalties of up to 500 penalty units, and the Australian Border Force is not empowered to seize the chemicals from unregistered importers. These measures will ensure that, where listed substances are imported by unregistered entities, the importation of these substances will be subject to appropriate criminal penalties under the Criminal Code and be subject to seizure by the Australian Border Force. The amendments will also ensure the relevant regulation making powers under the Criminal Code are capable of listing dual use substances in a consistent manner.

To fully implement these enhanced import controls, consequential amendments to the Customs Act 1901 and the Defence Force Discipline Act 1982 are included in the bill.

Organised crime syndicates are well resourced, highly resilient to traditional investigative and intelligence gathering techniques and readily adapt to advances in technologies in their attempts to evade detection and disruption.

As Australia's national criminal intelligence agency, the Australian Criminal Intelligence Commission, or ACIC, provides mission critical intelligence to combat the destructive and complex threats Australia faces from transnational, serious and organised crime. The ACIC's unique capabilities are critical to supporting law enforcement's understanding of, and response to, serious and organised crime.

The Australian Crime Commission (Special Operations and Special Investigations) Act 2022 streamlined provisions in the ACC Act to provide greater certainty with respect to the ACIC board's powers to authorise special ACIC operations and special ACIC investigations, simplify the determination drafting process and make the determinations easier to understand.

The amendments in schedule 3 to the bill put beyond doubt the validity of things done in reliance on authorisations given, and special operation and special investigation determinations made.

The amendments are required to ensure that the ACIC can continue to undertake its vital statutory function to combat serious and organised crime in Australia and keep the Australian community safe.

The amendments do not expand or otherwise alter the powers available to the ACIC when undertaking special ACIC operations or special ACIC investigations.

Conclusion

The Crimes and Other Legislation Amendment (Omnibus No. 2) Bill 2023 makes amendments that will support the proper administration of justice and help protect the Australian community from the pervasive and multifaceted threat of transnational, serious and organised crime.

I commend the bill to the House.

Debate adjourned.