Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I want to thank all honourable members for their contributions to the debate on the Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024. The bill will update, improve and clarify the intended operation of key 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, the Telecommunications Act 1997 and the Criminal Code Act 1995. These amendments are required to support the proper administration of regulatory, law enforcement and oversight processes.

The amendments to the Crimes Act and the Proceeds of Crime Act, and consequential amendments to the National Anti-Corruption Commission Act, in schedule 1 of the bill will modernise law enforcement search and seizure powers for cryptocurrency and other digital assets. These amendments are necessary because of the evolving nature of crime and the tools that criminals are using, including things like cryptocurrency and other digital assets. These amendments are intended to keep pace with those actions of criminals and ensure that law enforcement bodies have the powers that they need.

Similarly, the amendments to the Proceeds of Crime Act in schedule 2 of the bill will modernise law enforcement powers in relation to information-gathering powers and freezing orders to apply them to cryptocurrency exchanges and the accounts they administer, and that's for the same reason I outlined before.

The amendments to the Crimes Act in schedule 3 of the bill will increase the value of the Commonwealth penalty unit to ensure that financial penalties for Commonwealth offences remain an effective deterrent to unlawful behaviour.

The amendments to the Telecommunications Act and the Telecommunications (Interception and Access) Act in schedule 4 of the bill will provide certainty that the Attorney-General's Department is responsible for carrying out the telecommunications access functions through the Communications Access Coordinator and that the Department of Home Affairs is responsible for carrying out certain telecommunications security functions through the Communications Security Coordinator. The amendments to the Telecommunications (Interception and Access) Act in schedule 5 of the bill will support improved oversight of state and territory integrity agencies and their use of interception powers.

Amendments to the Criminal Code in schedule 6 will extend the sunsetting date of the secrecy offence in section 122.4 to 29 June 2026 to ensure that sensitive Commonwealth information continues to be protected while the government considers and implements two recent reviews of Commonwealth secrecy provisions. Amendments to the Criminal Code in schedule 7 will retrospectively amend the definition of 'hors de combat' in the dictionary of the Criminal Code to correct a drafting error and to confirm consistency between Australian domestic law and international law in relation to war crimes obligations, reflecting the original legislative intent when the provision was introduced in 2002.

In conclusion, the Crimes and Other Legislation Amendment (Omnibus No.1) Bill 2024 will support the proper administration of regulatory and oversight processes, assist law enforcement agencies, deter criminal behaviour to enhance the protection of the Australian community and ensure Australia is able to uphold its international obligations.

As I've said already in this speech—and I note we're about 45 seconds from the 11.15 am cut-off, so I might as well reiterate the point—as Australia has evolved into a modern digital economy, law enforcement agencies are seeing an increase in criminals' use of digital assets, including cryptocurrency, to facilitate their offending and as a means to hold and distribute the benefits derived from their offending.

Investigations involving digital assets have been associated with a variety of crime types, including the purchase of drugs; child exploitation material and firearms, through dark-web markets; ransomware and cyber-related offences; and money laundering and financing terrorist organisations. It's therefore imperative that law enforcement agencies have the appropriate tools available to continue efforts to address some of the evolving and unique issues and complexities that arise in the search for and seizure of digital assets.

Debate interrupted.