Josh Frydenberg (Kooyong, Liberal Party) Share this | Hansard source

The Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014 delivers on the government's continuing commitment to combating drugs and gun-related crime. This bill will also ensure that Australia's criminal justice arrangements for the international transfer of prisoners, anti-money laundering and counterterrorism regime and the investigation and prosecution of slavery offences remain up to date and effective.

The member for Batman, when he was not repeating the second reading speech verbatim, stated that the Labor Party supports the ban on psychoactive substances because they 'wrote it'. This is incorrect. Like many important areas of reform, the previous Labor government talked about the issue but never actually delivered. They had six years of government to introduce legislation of this type, and they did not. The coalition has delivered on this important priority.

Since coming to office, the government has developed a bill that strikes the right balance between stopping new synthetic drugs and allowing legitimate trade. The bill will implement a carefully targeted and refined ban on illegitimate psychoactive substances; one that is centred on protecting the Australian community from this scourge but does not add to the regulatory burden of an already complex border environment. The government finalised this approach after a long period of consultation within government and following consultation with the community.

The opposition have also raised concerns about the introduction of mandatory minimum sentences for new and existing firearms trafficking offences in the Criminal Code, detailed in schedule 2 of the bill. The introduction of mandatory minimum sentences of five years imprisonment for firearms trafficking offences is consistent with the government's commitment to pursue a strong and nationally consistent approach to gun crime. The introduction of the penalty was part of a suite of election commitments made in the government's policy to tackle crime, in which we detailed a range of measures to stop illegal guns and drugs at the border. This change makes the penalties for firearms trafficking more proportionate to the level of harm the offence can have on the community. As the member for Dobell has rightfully pointed out in her speech, Australia is unfortunately no stranger to violent gun crime.

The previous Howard government made landmark changes to gun ownership which made our community safer. This government recognises the harm that illegal gun ownership and trafficking has on our community; this is why we believe that tougher penalties and mandatory minimum sentences are appropriate to further tackle the use of firearms by violent criminals. The government recognises and respects the importance of preserving a court's discretion in sentencing and the court's ability to take into account the particular circumstances of the offence and the offender. Therefore, the mandatory minimum will not apply to a person who was under the age of 18 when the offence was committed and it does not impose a non-parole period.

I have noted the concerns raised by the Senate Legal and Constitutional Affairs Legislation Committee and the Parliamentary Joint Committee on Human Rights in relation to mandatory minimum sentences. In response to these concerns, the Minister for Justice has agreed to amend the explanatory memorandum for the bill to note that:

…the mandatory minimum sentence is not intended as a guide to the non-parole period, which in some cases may differ significantly from the head sentence.

The minister is satisfied that this is sufficient to address the concerns of the committees. The minister also notes that the validity of mandatory minimum penalties for aggravated people smuggling cases in the Migration Act were upheld as constitutionally valid the High Court case referring to Magaming v The Queen. The appellant's argument that the imposition of these penalties was arbitrary and non-judicial was not successful.

In conclusion, the bill will reduce the availability of new psychoactive substances by banning their importation and allowing Australian Customs and Border Protection Service officers and Australian Federal Police officers to stop, seize and destroy these substances where they are detected. This will ensure that the drug laws keep pace with new and emerging substances where they are presented as alternatives to illicit drugs. The bill also demonstrates the seriousness with which this government considers firearm trafficking and the gravity of supplying firearms and firearms parts to the illicit market by creating a more comprehensive set of firearm offences and penalties.

Australia's International Transfer of Prisoners Scheme is important for community safety, as it ensures that prisoners can be reintegrated into that country's community and appropriately monitored, supervised and supported during the enforcement of their sentence. The bill will make existing processes governing this scheme more efficient, timely and simplified, while appropriately maintaining prisoners' rights.

This bill will also make clear that slavery offences within Commonwealth criminal law have universal jurisdiction. Slavery amongst the most abhorrent of all crimes and this amendment will ensure that Australian law enforcement agencies have the appropriate tools to target this crime wherever it occurs. In addition, the bill will take steps to improve Australia's anti-money laundering regime by enhancing the ability of the Australian Taxation Office to catch tax cheats and bolster the budget's bottom line.

I commend this bill to the House.

Question agreed to.

Bill read a second time.

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