House debates

Monday, 20 August 2012

Bills

Maritime Powers Bill 2012, Maritime Powers (Consequential Amendments) Bill 2012; Second Reading

1:33 pm

Photo of Ms Catherine KingMs Catherine King (Ballarat, Australian Labor Party, Parliamentary Secretary for Health and Ageing) Share this | Hansard source

I thank honourable members for their contribution to the debate. The Maritime Powers Bill 2012 and the Maritime Powers (Consequential Amendments) Bill 2012 provide a simpler approach to maritime enforcement through streamlining the operational framework of our on-water enforcement agencies.

The maritime domain poses particular challenges to the effective enforcement of laws. Enforcement operations in maritime areas frequently occur in remote locations, isolated from the support normally available to land based operations and constrained by the practicalities of sea based work. Under the current legislative framework, operational agencies use powers contained in at least 35 separate Commonwealth acts. This structure is inefficient and can lead to operational difficulties for the primary on-water enforcement agencies.

The Maritime Powers Bill provides a smarter and simpler approach to maritime enforcement through a single maritime enforcement law. This single role consolidates and harmonises the Commonwealth's existing maritime enforcement regime. The powers contained in this bill are modelled on powers currently available to operational agencies. The bill establishes a system of authorisations under which a maritime officer may exercise enforcement powers in the maritime domain. In addition to providing the necessary operational flexibility, this system of authorisations includes a range of safeguards to make sure maritime enforcement powers are authorised and exercised appropriately and for a proper purpose. The key safeguard is the requirement for the exercise of powers to be authorised on specific grounds by a senior maritime officer or a member of the Australian Federal Police. This provides clarity around who must make decisions to take enforcement action and ensures appropriate oversight in the exercise of powers. The types of authorisations available under the bill will cover a wide range of enforcement situations which arise in the maritime environment including fishing, Customs and migration matters. Enforcement powers under the bill will be exercised by officers of the Australian Defence Force, the Australian Customs and Border Protection Service, the Australian Federal Police and other persons appointed to conduct enforcement and monitoring activities in the maritime environment. The Maritime Powers (Consequential Amendments) Bill repeals maritime enforcement powers in a number of other acts where they overlap the powers in the Maritime Powers Bill.

I want to turn to some of the specific comments raised in the debate. The member for Stirling's statements about cuts to Customs are, frankly, pretty rich coming from a party that needs to make $70 billion worth of cuts and plans to sack 12,000 public servants if it wins the next election. The shadow Treasurer said earlier this year, 'For a start, 12,000 public servants in Canberra will be made redundant over a two-year period immediately upon us being elected.' The shadow minister has also refused to rule out cuts to Customs. When he was quizzed about this—

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