Murray Watt (Queensland, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I table a revised explanatory memorandum relating to the Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024 and move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

CRIMES AND OTHER LEGISLATION AMENDMENT (OMNIBUS NO. 1) BILL 2024

The Crimes and Other Legislation Amendment (Omnibus No.1) Bill 2024 will update and clarify the intended operation of certain 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 will support the proper administration of government, law enforcement, and oversight processes.

Amendments to the Crimes Act 1914 will increase the Commonwealth penalty unit from $313 to $330, with effect from 14 days after the Act receives the Royal Assent.

Penalty units determine the maximum fines which can be imposed for criminal or civil offences in Commonwealth legislation and territory ordinances.

This amendment will ensure courts have access to appropriate penalties to be able to punish the most serious breaches of Commonwealth law.

It will also ensure that criminal and civil penalties across the Commonwealth statute book remain an effective deterrent against breaches of Commonwealth laws.

Amendments to the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997 will clarify the role and functions of the Communications Access Coordinator (CAC) in the Attorney-General's Department and create the position of Communications Security Coordinator in the Department of Home Affairs.

An amendment to the definition in section 7 of the Telecommunications Act changes the definition of 'Home Affairs Minister' to the 'Minister administering the Security of Critical Infrastructure Act 2018') (replacing the reference to the Australian Security Intelligence Organisation Act 1979)). This amendment is required as a result of changes made to the Administrative Arrangements Orders on 29 July 2024 which transferred administration of the ASIO Act to the Attorney-General, with the effect that the Attorney-General is now the 'Home Affairs Minister' for the purpose of section 7 of the Telecommunications Act.

The amendment will preserve the intended role of the Home Affairs Minister for both the new CSC role and other existing functions of the Home Affairs Minister under the Telecommunications Act.

Amendments to the Criminal Code Act 1995 (Criminal Code) will extend the sunsetting of the offence at section 122.4 to 29 June 2026.

Section 122.4 imposes criminal liability on current and former Commonwealth officers who communicate information contrary to a non-disclosure duty under a law of the Commonwealth.

Section 122.4 was intended to be time-limited, to ensure that criminal liability continued to apply to relevant non-disclosure duties, until these duties could be reviewed to determine whether each should be converted into a stand-alone specific secrecy offence or whether criminal liability should be removed.

On 22 December 2022, I announced the Government had commenced a comprehensive review of Commonwealth secrecy offences, conducted by the Attorney-General's Department, to address concerns raised by multiple reviews about the number, inconsistency, appropriateness and complexity of Commonwealth secrecy offences.

The Government released the Final Report of the Review of Secrecy Provisions on 21 November 2023, which made 11 recommendations to improve the operation of the Commonwealth's secrecy provisions, including section 122.4. The Final Report of the Secrecy Review identified that section 122.4 applied criminal liability to approximately 295 non- disclosure duties.

Subsequently, the Independent National Security Legislation Monitor's Report on the review of the secrecy offences in Part 5.6 of the Criminal Code was tabled in Parliament on 27 June 2024. This report made a further 15 recommendations in relation to Commonwealth secrecy provisions.

Extending this sunsetting date will ensure sensitive Commonwealth information continues to be protected while the Government implements and considers the recommendations of the reports from the Attorney-General's Department and the Independent National Security Legislation Monitor.

Amendments to the Criminal Code will also correct a drafting error and confirm consistency between Australian domestic law and international law.

In 2002, Division 268 of the Criminal Code was inserted to reflect Australia's obligations under international law. When it was introduced, Parliament made clear its intent to create crimes, under Australian law, that mirror the crimes in the Rome Statute, being genocide, crimes against humanity and war crimes.

Consistent with international law, several offences under Division 268, including murder of all kinds, mutilation, torture, and cruel treatment, are war crimes when they are committed during an armed conflict against a person who is hors de combat, or 'out of the fight'.

The amendment does not change the substance of the law. It is fully consistent with the Australian Defence Force's doctrine, policy and training packages.

The amendment is retrospective. It will apply to any conduct from 26 September 2002, the date on which Division 268 of the Criminal Code commenced, reflecting Parliament's intent in enacting these provisions.

Conclusion

The Crimes and Other Legislation Amendment (Omnibus No.1) Bill 2024 makes amendments which will support the proper administration of regulatory, law enforcement and oversight processes. These changes will improve the everyday operation of government agencies by creating efficiencies and removing doubt and inconsistencies in certain provisions.

I commend the Bill to the Senate.

TREASURY LAWS AMENDMENT (RESERVE BANK REFORMS) BILL 2023

This legislation will strengthen the Reserve Bank's independence, clarify its mandate, and modernise its structures.

By introducing it today we are recognising that strong economic institutions are central to a strong economy.

That's why, over the last 18 months, we've been reforming, renewing and refocusing our economic institutions in a considered and methodical way—to ensure they are fit for purpose and in the best position to manage the challenges and maximise the opportunities in front of us.

This Bill is an important part of that work.

These reforms are the biggest undertaken at the Reserve Bank in over three decades.

They follow months of consultation, including with the RBA, the Opposition and other stakeholders, and much welcome public debate since the release of the Reserve Bank Review in April 2023.

The Review itself was the product of extensive consultation that included current and former RBA board members and staff, international experts, academics and others.

This Bill is our opportunity to renew and reform the monetary policy and governance framework of the RBA to ensure it works in the interests of the Australian people and their economy.

The main components of this Bill are all about:

Reinforcing the RBA's independence.

Clarifying its role, including the dual mandate of price stability and full employment.

And modernising its structure by establishing two new boards, one for setting interest rates and the other for governance.

RBA INDEPENDENCE

The Bill reinforces the RBA's independence by repealing the Government's ability to override the Bank's monetary policy decisions.

This will strengthen the RBA's monetary policy independence an framework credibility

While the Bank remains accountable to Parliament for its performance and how it exercises its powers, including setting monetary policy.

CLARIFYING THE ROLE OF THE RBA

In clarifying the RBA's role, the Bill mandates that the overarching objective for the Bank is "to promote the economic prosperity and welfare of the people of Australia, both now and into the future," -

This means legislating the dual mandate of price stability and full employment, to make sure the RBA is working in the interests of the country and its people—and recognising the crucial role the RBA plays in promoting financial stability.

MODERNISING THE RBA'S STRUCTURE

To bring the RBA's structure into the 21st Century the Bill establishes a separate and specialised Monetary Policy Board to determine monetary policy—including the setting of interest rates.

The new Board retains the same structure as the current RBA Board and will comprise the Governor (as Chair), Deputy Governor, Secretary to the Treasury and 6 external members appointed by the Treasurer.

Carving out this responsibility from the day-to-day management of the Bank will improve accountability and transparency in the Bank's monetary policy decision making.

It will give the Board the breadth and depth of experience and expertise needed to make the best decisions in the interest of the economy and the country.

The Monetary Policy Board will be guided by the new Statement on the Conduct of Monetary Policy, supplementing the Reserve Bank Act.

We will be releasing the new Statement before the end of the year.

It will set out the views of the Government and the Reserve Bank on important aspects of monetary policy including the flexible inflation target of 2 to 3 per cent.

This will help improve coordination between fiscal, monetary and macroprudential policies.

The Bills goes further in modernising the RBA's structure by taking steps to strengthen corporate governance.

It does this in two ways.

First, by establishing a new Governance Board.

This will be comprised of the Governor, Deputy Governor, Chief Operating Officer and 6 external members, and it will strengthen oversight and management of the bank to better manage risk and drive necessary change.

It will have no role in the Bank's monetary, financial stability or payments policy.

The Government intends to appoint the RBA Governor as the inaugural Chair of the Governance Board, to ensure continuity as we implement these changes.

But the Bill allows any member of the Governance Board to be appointed chair, ensuring flexibility for future governments.

Second, the Governance Board will replace the Governor as the Reserve Bank's accountability authority, so a board, rather than an individual has collective responsibility for corporate governance.

Bringing the RBA in line with most other corporate Commonwealth entities.

The changes outlined in the Bill will commence around the middle of next year and members of the existing Reserve Bank Board will be asked to serve the remainder of their terms on one of the new Boards, for continuity during the transition.

We have undertaken deep and thorough consultation in the development of this Bill, and I acknowledge the work of the RBA review panel as well and everyone who took part.

The Reserve Bank has been a critical economic institution in this country for more than six decades.

The changes outlined in this Bill make sure that the setting of monetary policy is done effectively now and into the future as well, equipping the Bank to serving Australia effectively in an increasingly complex and challenging economic environment.

They are about ensuring we have the right economic institutions and the right frameworks in place, to support a stronger economy and a better future.

Full details of the measure are contained in the Explanatory Memorandum.

Debate adjourned.

Ordered that the bills be listed on the Notice Paper as separate orders of the day.