Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

Organised crime in this country is something all levels of government need to tackle. And one way to do this is to target the unexplained wealth of individuals, especially those who are not directly involved in an act of criminality, to obtain benefits. Criminals who are profiting from other people's crimes will be targeted by authorities who have more ability, now, to seize assets where the size of their wealth cannot be explained.

Organised crime can affect many unsuspecting Australians through many means, which may include bank account data and credit card theft through skimming of cards via ATMs and point-of-sale hubs or online attacks and investment scams.

The previous, Labor government introduced the Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill on 28 November in 2012. While it passed the House of Representatives it lapsed in the Senate before the last federal election. Now, the Minister for Justice Michael Keenan has re-introduced this bill, and it looks very similar to the one Labor introduced. In fact, it looks near identical, so I would like to acknowledge the government for supporting the previous, Labor government's bill.

Primarily, the legislation focuses on the various recommendations that the Parliament Joint Committee on Law enforcement brought down in 2012. They include recommendations such as preliminary unexplained wealth affidavits being streamlined; requiring the Australian Federal Police Commissioner to provide the Parliamentary Joint Committee on Law Enforcement with an annual report on unexplained wealth matters and litigation, along with empowering the committee to seek further information from federal agencies; restraining assets from being used to meet legal expenses, and making consistent legal aid provisions; securing payment from restrained property through an unexplained wealth order; including a statement in the objects clause about undermining the profitability of criminal enterprises; removing a court's discretion to make unexplained wealth restraining orders, preliminary unexplained wealth orders and unexplained wealth orders, once relevant criteria are satisfied; extending the time limit for serving notice of applications for certain unexplained wealth orders by a court; and, finally, evidence relevant to unexplained wealth proceedings being seized under a search warrant.

Another measure not in the report but necessary to support the measures already stated includes someone not being able to frustrate an unexplained wealth proceeding by failing to appear, and clarifying orders being made. I am not sure whether many people are aware of the legal aid provisions of unexplained wealth cases but the current process is that suspect assets can be used to go towards a legal defence. This bill closes that gap.

The Parliamentary Joint Committee on Law Enforcement recommended the Commonwealth lead on the development of nationally consistent unexplained wealth regimes. The states and territories are still considering whether to go down that path, with former police commissioners Mick Palmer and Ken Moroney called in to negotiate with the states. To date discussions are still occurring, unless developments have occurred more recently.

Chris Hayes, the member for Fowler, who has contributed greatly to this bill through his involvement on the Parliamentary Joint Committee on Law Enforcement, made what I thought was a very good statement which summed up the whole reason for this bill. He said:

… for every crime, there is a victim of crime. Therefore, if you prevent a crime or deter the commissioning of a crime, there is one less victim.

I couldn't agree more. Labor has supported and will continue to support the laws which take the incentive out of organised crime. Thus, Labor will be supporting this legislation, as it basically mirrors the legislation we introduced in 2012. Before I complete my contribution, I want to compliment our federal, state and territory police forces around the country. They all work in a very difficult space and do a very good job in protecting us.