Peter Dutton (Dickson, Liberal Party, Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

This is an important bill and it is obviously the case that the government is particularly interested and continues to be interested in making sure that we can keep our borders safe. My department, including its operational enforcement arm, the Australian Border Force, supports a broad range of activities that are vital for the prosperity and security of our nation. Facilitation of international trade, the supply of skilled labour for our domestic economy, business relationships, revenue collection, law enforcement and national security outcomes, travel and tourism and community protection are all important elements in building a strong and cohesive society.

To carry out these functions, my department obtains information from individuals, industry, other sectors of government and foreign partners. Some of this information is highly sensitive and must be carefully managed. We must ensure that it is only used and disclosed for legitimate purposes.

The Australian Border Force Amendment (Protected Information) Bill 2017 clarifies the secrecy and disclosure provisions in the Australian Border Force Act 2015 (the ABF Act) to reflect the policy intent of those provisions.

Part 6 of the ABF Act establishes these important secrecy and disclosure provisions, similar to provisions that were in place within the former Australian Customs and Border Protection Service and a range of other Commonwealth agencies. These protections prohibited the unauthorised making of a record or disclosure of information. Breach of these requirements is punishable by imprisonment for two years.

This bill will clarify part 6 and related provisions to reflect the original intent of the legislation, which is to prevent the unauthorised disclosure of information that could cause harm to the national or public interest.

Mishandling of information can cause significant damage to our national security, public safety, law enforcement capability or our economy. Individuals can also suffer serious detriment where personal and sensitive information is inappropriately disclosed.

The secrecy and disclosure provisions in part 6 of the ABF Act were adapted from the model in place for the former Australian Customs and Border Protection Service. However, this model has not kept pace with the developments in the modern border environment. This environment is complex and dynamic, and updated legislative settings are required to facilitate the evolving work of my department.

The aim of the measures in this bill, therefore, is to ensure that Immigration and Border Protection information is provided with the necessary level of protection, in a targeted manner, but is also able to be disclosed when it is appropriate to do so.

As not all information obtained by my department requires protection, the definition of the information to be protected has been refined to include only certain kinds of information, such as that relating to: the security, defence and international relations of Australia; prevention, detection and investigation of offences; protection of public health and safety; or sensitive personal and commercial matters.

There must be a balance between the competing interests of transparent, open and accountable government with the necessity of protecting certain information from disclosure which would lead to identifiable harm.

The prohibition in the ABF Act on disclosure of certain kinds of information is balanced by the exceptions to this prohibition that allow for authorised disclosures. This is why the bill includes measures to remove unnecessary and cumbersome administrative overlays. Streamlining the operation of the secrecy and disclosure provisions will allow more efficient sharing of information for legitimate purposes without removing important oversight and accountability measures.

The bill provides assurances for the Australian public, business, government and foreign partners that sensitive information provided to my department will be appropriately protected, without unnecessarily restricting informed public debate. The retrospective application of the bill (back to the date the Australian Border Force Act was enacted) will provide the necessary certainty that only information which could harm the national or public interest if disclosed is to be protected, and will be regarded as ever having been protected, under the ABF Act.

This will reassure individuals who may otherwise believe they have committed an offence, in circumstances which would not have amounted to an offence under these amendments.

In conclusion, this bill will clarify the intent and refine the operation of the secrecy and disclosure provisions that govern the management of information in my portfolio. It illustrates the fine balance that must be struck in protecting sensitive information while upholding a commitment to open and accountable government. This bill underscores that commitment and will enable my department to more effectively manage information in service of our nation.

Debate adjourned.