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.1) Bill 2024 clarifies the intended operation of certain provisions in the Crimes Act 1914, the Proceeds of Crime Act 2002, the National Anti-Corruption Commission Act 2022, the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997.

These amendments will support the proper administration of government, law enforcement, and oversight processes.

Amendments to the Crimes Act 1914,the Proceeds of Crime Act 2002 and the National Anti-Corruption Commission Act 2022 will complement existing search and seizure powers by including provisions that specifically address some of the unique complexities that arise in the search for, and seizure of, cryptocurrency and other digital assets.

The amendments will insert a definition of 'digital asset' that captures cryptocurrency and a range of other contemporary digital assets that could hold value for investigations. Recognising the evolving nature of digital assets, the amendments will also provide enough flexibility to tailor the definition as technology changes.

To ensure that the use of powers is appropriately targeted, the amendments will also clarify the circumstances in which cryptocurrency and other digital assets can be seized, in relation to warrants both over premises and over persons.

Amendments to the Proceeds of Crime Act 2002will ensure the current information-gathering powers and freezing orders in the regime apply to cryptocurrency exchanges and the accounts they administer.

The amendments will achieve this by expanding the definition of 'financial institution' to include a corporation that provides a digital currency exchange, ensuring the notices and orders provided under the regime can be extended to a digital currency exchange.

This will enable law enforcement agencies to seize cryptocurrency and other digital assets, which is an avenue that criminals are increasingly using to benefit financially from their crimes.

Amendments to the Crimes Act 1914 will increase the Commonwealth penalty unit from $313 to $330, with effect from 1 July 2024.

Penalty units determine the maximum fines which can be imposed for criminal or civil offences in Commonwealth legislation and territory ordinances.

This amendment will ensure courts have access to appropriate penalties to be able to punish the most serious breaches of Commonwealth law. Increasing the value of a penalty unit does not curb the court's existing discretion to impose a penalty that is appropriate with regard to all the circumstances. Rather, increasing the value of a penalty unit increases the maximum penalty that the court can impose as punishment for the most serious offending.

This increase ensures that criminal and civil penalties across the Commonwealth statute book remain an effective deterrent against breaches of Commonwealth laws. As penalty units only apply where a person or company has committed a Commonwealth offence or infringed a Commonwealth civil penalty provision, the amendments to the value of the penalty unit will have no effect on Australian businesses and individuals that comply with the law.

Amendments to the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997 will clarify the role and functions of the Communications Access Coordinator in the Attorney-General's Department and create the position of Communications Security Coordinator in the Department of Home Affairs.

The amendments will also allow the Attorney-General to specify particular functions that a person or body may perform or exercise as a Communications Access Coordinator, and provide the Minister for Home Affairs the ability to specify the same regarding a new Communications Security Coordinator.

Consequential amendments to the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997 will clarify that the Attorney-General may specify more than one person or body to perform certain Communications Access Coordinator functions, and that the Minister for Home Affairs may specify more than one person or body to perform certain Communications Security Coordinator functions.

Further, amendments to the Telecommunications (Interception and Access) Act 1979 will enable state and territory bodies which oversee integrity agencies to receive intercepted information and interception warrant information from integrity agencies to support their oversight functions.

The amendments will expand the definition of 'permitted purpose' for the relevant oversight bodies to encompass their functions as set out in their respective legislation. This will enable these oversight bodies to properly scrutinise and audit their respective integrity agencies' interception activities and compliance with the act outside of a formal investigation and assure the public that integrity agencies are acting within the law.

Minor amendments to the Telecommunications (Interception and Access) Act 1979 will provide clarity to references of relevant oversight and integrity agencies as many share similar names and are difficult to distinguish. The amendments will clarify the intention of the act by adding the relevant jurisdiction in parentheses following each mention of the agencies in the act.

Conclusion

The Crimes and Other Legislation Amendment (Omnibus) Bill (No. 1) 2024 makes amendments which will support the proper administration of regulatory, law enforcement and oversight processes.

I commend the bill to the House.

Debate adjourned.