Karen McNamara (Dobell, Liberal Party) Share this | Hansard source

The Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014 introduces measures to reduce the threat of harm from several illegal activities. As a mother, as a member of the Central Coast and as the member for Dobell, I take seriously our obligation to curb the devastating effects of illicit drug use. This bill strengthens the powers of law enforcement agencies to combat the importation of new psychoactive substances and the importation of substances represented to be serious drug alternatives.

It is crucial that as a nation we remain on the front foot in the fight against illicit drug importation and distribution. Of growing concern to our community is the emergence of new psychoactive substances and products deliberately designed to mimic the psychoactive effects of prohibited, serious drugs. Manufacturers of these products use chemical structures that currently avoid penalty under existing drug importation controls. Shamefully, the manufacturers of new psychoactive substances market these drugs as 'legal highs', falsely purporting them as a safer alternative to illicit drugs, and falsely promoting the illusion that they have been tested or assessed by government. In reality, these unknown drugs are potentially dangerous. There are documented cases where their use has been directly linked to serious illness and, tragically, death.

We are fighting a battle against what the Minister for Justice described during his second reading speech as:

… untested chemical compounds which masquerade as illicit drugs but are presented as being legal analogues of those drugs.

The ability of foreign manufacturers of these drugs to alter their chemical composition to avoid current importation laws is resulting in these drugs being freely available on our streets. Attempts by previous governments to progressively ban these substances have failed to curb the manufacturer's determination to import these drugs into the Australian market. It is time that we as a government stand up and put an end to this. The 2010 National Drug Strategy Household Survey revealed some startling statistics: of 12-17 year olds in Australia, 40 per cent had consumed alcohol, 17 per cent had taken inhalants, 15 per cent had taken cannabis and 10 per cent had taken either heroin, cocaine, amphetamines or hallucinogens.

The Australian Drug Foundation reports that new psychoactive substances are being developed around the world at an unprecedented rate. While there is little in Australian data showing usage of these drugs, statistics from the United Kingdom indicate that these drugs are increasingly causing harm with 52 deaths being directly attributed to new psychoactive substances in 2012—an increase from 25 in 2008 and six in 2003. Alarmingly, the same data from the United Kingdom found that in 2013 approximately 230,000 people aged 14 and older admitted to using synthetic cannabis.

New psychoactive substances pose a particular risk to children as they face a higher likelihood of overdose or severe adverse effects as a result of consumption. This in part is due to the inability of younger people to metabolise the ingredients of the drugs. Furthermore, a risk for young people arises from the role of the internet place in the distribution and sale of these drugs. As we know online transactions can occur without the need to prove age or identity, therefore increasing the ease for young people to purchase these substances online.

This bill is s an important tool in protecting our children, our youth and our future from illicit drug use. As a mother, I am extremely concerned about the impact these new drugs can have on our children. Our children should not be able to obtain easy access to drugs that are a thousand times stronger than marijuana; nor should such substances be marketed and distributed as 'legal highs'. These so-called legal highs can cause psychosis, heart attacks, liver damage-and cardiovascular problems—to name a few. Unfortunately, these 'legal highs' have also resulted in the death of Australian teenagers. It is our responsibility as a responsible government ensure Australian youth are not exposed to or able to obtain access to these dangerous drugs. We must also as parliamentarians, parents and responsible members of our community highlight the existence e and impact of these illegal substances. Children as young as 13 are using psychoactive substances, such as synthetic cannabis. Many parents have not heard of these drugs and many of those who have incorrectly believe the manufacturer's false claims.

The National Cannabis Prevention and Information Centre of Australia demonstrate the unknown nature of these psychoactive substances by stating:

These products can contain synthetic cannabinoids that are often described as 'research chemicals.' Research chemicals are experimental chemical that are not approved or human consumption. The vast majority of these chemicals have only been recently synthesized and little, if any, data exists currently about their side effects, adverse reactions, long-term damage or dependence potential. Most importantly there are no officially published safety data and almost nothing is known about their effects on humans.

In Australia, as in other parts of the world, synthetic cannabis is sold through the internet, as well as specialised adult stores tobacconists and some service stations. Synthetic cannabis is marketed under different brand names including: Kronic, Northern Lights, Mojo, Lightning Gold, Lightning Red and Godfather. It is also marketed under other general terms including aphrodisiac tea, herbal incense and potpourri.

While illegal drugs remain prevalent in modern society, we are seeing an increase in the supply of new psychoactive substances and we need to put a stop to this new market of dangerous drugs. This bill will ensure that the government is properly armed to tackle this problem by introducing offences into the criminal code to ban the importation of substances based on their psychoactive use where they are presented as alternatives to illicit drugs. In addition, the Australian Customs and Border Protection Service and the Australian Federal Police will be afforded powers to stop these drugs, seize them and destroy them before they can enter the market. It is important to note that these measurers will not apply to imports that contain psychoactive elements and hold a legitimate purpose, including: foods, medicines, industrial, agricultural and veterinary chemicals. These items serve important functions in our society and economy. In his second reading speech the Minister for Justice rightly highlighted that:

These items should not, and will not be caught up in this regime.

The intent of this bill is to stop these purported 'legal highs' from being sold to Australian citizens.

Stopping the distribution and sale of new psychoactive substances is not solely the role of the Commonwealth. Legislation outlawing synthetic psychoactive substances was passed by the New South Wales government in September 2013. This followed the death of 17-year-old student Henry Kwan in Sydney. The then New South Wales Minister for Mental Health, Kevin Humphries, said:

Synthetic drugs are prevalent in the mining and transport industries, where workplace drug-testing had driven users to use synthetic substances that were very difficult to detect.

The New South Wales legislation introduced maximum penalties of 20 penalty units and/or two years' imprisonment for those manufacturing or supplying synthetic drugs. It is important that we continue to work closely with the states and territories to ensure that our objectives are aligned and measures to prevent import of these dangerous drugs are relevant and effective.

The objectives of this bill are to deter the importation of these dangerous chemicals and prevent their distribution to be used as alternatives to illicit drugs. There is no questioning that these products are unsafe for consumption and that their presence in our community will lead to a long-term burden on communities, including social, health and economic problems.

The Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014 also seeks to enhance our nation's security by strengthening the powers available to law-enforcement agencies in relation to firearm offences. Australians are entitled to feel safe, knowing our borders are free from the importation of illegal firearms which, in the hands of the wrong people, could have detrimental effects and lead to tragedy. This legislation establishes a comprehensive set of offences and penalties for the trafficking of firearms and firearm parts. The impact of the illicit firearms market is directly related tithe number of illegal firearm entries across our borders and entering our community.    There is no denying that these firearm are being accessed and used by groups and individuals to commit serious and violent crimes, tragically in some circumstances resulting in death.

Currently the potential exists for the evasion of firearm-trafficking offences and penalties through the disassembling of firearms and subsequent trading of individual components. This bill introduces penalties for the trafficking of prohibited firearms or firearm parts in and out of Australia, by establishing offences which carry a penalty of 10 years imprisonment and/or a fine of 2,500 penalty units.

This legislation ensures that those who traffic firearm parts are subject to the same punitive measures as those trading in illegal firearms. These amendments affirm that we have a comprehensive set of offences and penalties that reflect the seriousness of gun crime.

The Minister for Justice, in his contribution to this bill, provided the following statistic:

… in 2012 firearms were identified as being the type of weapon used in 25 per cent of homicides in Australia …

We remember all too well the tragic events of 28 April 1996. It was on this day that Martin Bryant, armed with a semiautomatic rifle and a semiautomatic assault weapon, killed 35 people on a murderous rampage in Port Arthur, Tasmania. In the aftermath of this massacre, then Prime Minister John Howard set about reforming our nation's firearm laws. These reforms would ensure the prohibition on the ownership, possession, sale and importation of all automatic and semiautomatic weapons. Following the tightening of gun ownership laws, some 700,000 guns were removed and destroyed. This represented one-fifth of Australia's estimated stock of firearms. Since this time, gun related homicides in Australia have declined. Former Prime Minister John Howard reflects upon this important reform, saying, 'Australia's 1996 gun law reforms were followed by more than a decade free of fatal mass shootings, and accelerated declines in firearms deaths, particularly suicides.' We must continue to build upon the strong result of this reform and prevent guns returning to our streets and communities. Australia is undoubtedly a safer nation as a result of strong gun control. Our laws must maintain pace with criminal activity and, where possible, foresee and adapt to future challenges and threats.

This bill also introduces several measures to strengthen Australia's International Transfer of Prisoners Scheme, slavery offences and Australia's anti-money-laundering regime. While time does not permit me to elaborate on these measures, I would like to commend this government for ensuring our law enforcement agencies have the appropriate tools to target crime wherever it occurs. As a nation and as a parliament we face uncertain times as global security challenges threaten to impact our great nation.

Prime Minister Tony Abbott has said to this parliament: 'Protecting our people is the first duty of government. This government will do whatever is possible to keep people safe.' This legislation builds upon our commitment to enhance national security and ensure that Australia's citizens are safe as they go about being free citizens of this wonderful country. This bill strengthens our nation's border protection to counteract two emerging threats to our citizens. The importation of illicit drugs and the importation of illegal guns both pose their own challenges that we are tasked to address.

I commend the Crimes Legislation Amendment (Psychoactive Substances and Other Measures Bill) 2014 to the parliament and reinstate my commitment as a member of this government to enhance security here in Australia.

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