Michaelia Cash (WA, Liberal Party, Assistant Minister for Immigration and Border Protection) Share this | Hansard source

I advise that the government will not be supporting Senator Hanson-Young's proposal. Schedule 1 of the bill clarifies a range of matters relating to the exercise of maritime powers. Maritime powers are used to respond to a range of threats to Australia's national interests, including the smuggling of contraband goods, protecting Australia's fisheries, protecting our ocean and coastal ecosystems from environmental damage, and countering people smuggling. The amendments to the Maritime Powers Act are focused on strengthening Australia's maritime enforcement framework and will provide greater clarity to the ongoing conduct of border security and maritime enforcement operations. These amendments do not seek to create new powers beyond what is already available to maritime officers; instead they clarify the intended operation of those powers and their relationship with the law.

If I can also address the comments that Senator Carr has made in relation to the matter that is currently before the court, there is nothing unusual about amendments to legislation wholly or partly in response to issues raised in a court case. Court cases can help to reveal when a piece of legislation is not being interpreted in a manner consistent with parliament's original intention, allowing parliament to address and rectify this through amendments. The proposed amendments do not affect the case before the High Court or undermine the ability of the court to consider and pass judgement on the applicable law, neither do they prevent the members from considering the court's judgement in time. The government is conscious that any potential adverse decision by the High Court will see people smugglers send the message that Australia is open for business. Introducing these amendments now will also limit the ability of people smugglers to trick vulnerable people into believing this message.