Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

I welcome the support for the Migration Amendment (Employer Sanctions) Bill 2006 that members of the opposition have indicated. I will deal with one or two of the issues which have been raised in the second reading debate. This bill, as senators know, addresses the government’s long-held concerns about those who seek to work illegally in Australia. Illegal work causes a number of problems for the Australian community. It takes job opportunities away from Australian citizens and lawful migrants and that was a point a number of senators made in their remarks.

The cost of detecting illegal workers, of course, is an unwelcome burden on the taxpayer. Very importantly, some illegal work is linked to organised crime, particularly in the sex industry. The trafficking of people, particularly women and children, is a despicable crime. The government is determined to deal with anyone who knowingly participates in this kind of criminal activity, including employers who seek to exploit the victims of trafficking. Despite the continued success of our immigration compliance activities, the government believes that additional statutory reforms are required. Experience has shown that there must be some method of imposing sanctions on the small number—and I think it is a small number—of employers and labour suppliers who deliberately engage or refer illegal workers.

The bill introduces fault based criminal offences. The proposed offences will only be committed where the employer or labour supplier knew the person was an illegal worker or was reckless as to that fact. This ensures that the focus is on the employers and labour suppliers who are of concern to the government without imposing any additional burden on businesses generally. This bill introduces high penalties for offences where aggravating circumstances are present. These circumstances arise where the illegal worker is being exploited through forced labour, slavery or indeed sexual servitude.

Turning to one of the key points raised during the debate, a number of senators have also suggested that not enough is being done to prevent 457 visa holders from being exploited. Senator George Campbell, in his remarks, made this particular point. The point to note is that the offences in this bill will help to reinforce existing sanctions arrangements and that is clearly one of the reasons that this bill is enjoying support in the Senate. For example, where an employer moves a 457 visa holder into a low-skilled or semiskilled position the offence in clause 245AC of allowing a noncitizen to work in breach of their visa conditions may be committed.

In summary, we believe this bill addresses some very serious issues in Australian society. However, we think it strikes the right balance by ensuring that only those employers and labour suppliers who are of genuine concern to the Australian people will be caught by these offences. I urge the Senate to allow a speedy passage of this bill.

Question agreed to.

Bill read a second time.