George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

The Crimes Legislation Amendment Bill 2010 enhances the powers available to the Australian Federal Police. It also provides the Australian Crime Commission’s Chief Executive Officer with powers similar to those of the AFP Commissioner to deal appropriately with staff who engage in serious misconduct and corruption. The bill will align the dismissal powers of the CEO of the ACC to deal with serious misconduct and corruption with those of the AFP Commissioner, provide more flexible arrangements for appointing ACC examiners and extend the application of certain search related provisions in the Crimes Act that currently only apply to searches conducted under warrants in relation to premises so that they also apply to searches conducted under a warrant in relation to a person.

The bill will also insert rules to govern when documents produced under division 4B, part 1AA of the Crimes Act must be returned; streamline and extend provisions governing applications for and determination of orders in relation to things seized and documents produced under part 1AA of the Crimes Act; allow the AFP Commissioner to delegate responsibility for dealing with things seized and documents produced under part 1AA of the Crimes Act to Commonwealth officers legitimately in possession of such items; introduce a new standing power for the AFP to take fingerprints and photographs of arrested persons when taking them into custody in relation to a Commonwealth offence; and amend the Australian Federal Police Act to enable the commissioner to authorise a payment in special circumstances that arise out of or relate to the person’s engagement as an AFP appointee.

In the annual report of the Australian Crime Commission for 2007-08, the Parliamentary Joint Committee on the Australian Crime Commission is quoted as having recommended:

… that the Australian Government review existing arrangements for the suspension and dismissal of Commonwealth law enforcement agency employees believed on reasonable grounds to have engaged in serious misconduct or corruption, and that the Government take action as appropriate, bearing in mind the need to respect the rights of employees.

This followed a similar recommendation by the Parliamentary Joint Committee on the Commission for Law Enforcement Integrity in its report on law enforcement integrity models. The PJCACC noted the dismissal power available to the AFP and stated:

… it is of concern to the committee that ACC employees suspected of serious misconduct or corruption remain within the organisation and may seek to jeopardise investigations, thereby potentially compromising the security of the ACC’s operations.

The bill addresses these important concerns. It is uncontroversial and has the coalition’s support.

Kim Carr (Victoria, Australian Labor Party, Minister for Innovation, Industry, Science and Research) Share this | Link to this | Hansard source

I table an addendum to the explanatory memorandum relating to theCrimes Legislation Amendment Bill 2010 and thank senators for their contributions.

Question agreed to.

Bill read a second time.