Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

I rise to end the second reading debate on the Anti-People Smuggling and Other Measures Bill 2010. I first thank all senators for their contributions to the debate and I note the support of the opposition for this legislation. This debate has been wide ranging and a great many things have been asserted—some of which has had something to do with the legislation that is before the chamber and some of which has not. I shall try to confine myself to those matters which are relevant to the bill before the chamber.

This is legislation which seeks to deal with people smuggling. Obviously there is broad agreement that people smuggling jeopardises the safety, wellbeing and security of those being smuggled. The government takes a hardline approach to dealing with people smugglers and the supporters and financiers of those engaged in this trade. We are determined to maintain a strong message to people smugglers that their activities will not be tolerated in Australia.

Domestic efforts to combat people smuggling have yielded strong results and since September 2008 there have been 138 arrests and 36 convictions of people smugglers in Australia. There are currently 101 people being prosecuted in Australian courts for people smuggling. The government has also implemented a strengthened offshore approach. In the same period, the Australian government cooperation with regional countries has resulted in more than 180 disruptions involving more than 4,900 people bound for Australia. Our regional partnerships have resulted in the arrest of more than 150 people smugglers overseas and this bill before the chamber complements the government’s plan to combat people smuggling by strengthening Australia’s anti-people-smuggling legislative framework.

The measures in the bill will address the often serious consequences of people-smuggling activities, including the potential for injury and loss of life on maritime ventures to Australia and the targeting of enablers and financiers of people-smuggling activities. The bill will act as a greater deterrent for people smugglers and it will enable law enforcement and national security agencies to play a greater support role in support of whole-of-government efforts to combat people smuggling.

The ability for law enforcement agencies to obtain evidence through telecommunications interception and surveillance devices is vital to combating people smuggling and the bill will make telecommunications interception available for the investigation of offences relating to people smuggling. It will ensure that law enforcement agencies can make emergency authorisation for the use of surveillance devices for the new aggravated people-smuggling offence and will ensure that law enforcement agencies are equipped with the necessary tools to effectively combat people smuggling.

The government maintains its humanitarian approach to those persons who are genuine refugees but fall prey to people smugglers while it works to improve the situation of displaced populations in the region. The bill is consistent with the approach the government is taking. For example, whilst imposing new offences and strict penalties for people smugglers, the new offence of supporting people smuggling will not target persons who pay for their own passage or the passage of family members on the same venture.

This bill has been considered by both the Senate Standing Committee for the Scrutiny of Bills and the Senate Legal and Constitutional Affairs Legislation Committee. I thank both committees for their work on the bill and on the matters raised. The Senate Standing Committee on Legal and Constitutional Affairs recommended the bill be passed, subject to further amendment to the definition of foreign intelligence contained in the Telecommunications (Interception and Access) Act 1979. The government has considered this recommendation and is confident that the proposed amendments provide the appropriate powers to achieve the intended outcome and will not be seeking further amendments to the bill.

The bill is a measured response to a growing problem and demonstrates the government’s commitment to addressing the serious nature of people-smuggling activities and to targeting criminal groups who are involved in organising and benefiting from people smuggling activities. I commend the bill to the chamber.

Question negatived.

Original question agreed to.

Bill read a second time.

Question agreed to.

Bill read a second time.