Julian Leeser (Berowra, Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

The Crimes Amendment (Penalty Unit) Bill 2022 will increase the value of the Commonwealth penalty unit from $222 to $225, with effect from 1 January 2023. The bill also provides that indexation will occur every three years from 1 July 2023. Effectively, the government is imposing an additional increase on the value of the penalty unit from 1 January 2023, with triannual indexation resuming on 1 July 2023.

Penalty units determine the maximum fines which can be imposed for offences in Commonwealth legislation and territory ordinances. When the penalty unit was introduced in 1992 its value was set at $100. This was adjusted to $110 in 1997, $170 in 2012, $180 in 2015 and $210 in 2017. In 2015 the Crimes Act was amended to introduce an indexation mechanism to automatically increase the value of the penalty unit, every three years, in line with the consumer price index. An indexation occurred on 1 July 2020 when the penalty unit was increased to $222.

This bill will increase the revenue return to the Consolidated Revenue Fund for pecuniary penalties imposed, for the commission of Commonwealth criminal offences, by $31.6 million over four years. It's not entirely lost on members of the coalition that the amount to which the Commonwealth penalty unit is being increased, $275, is the one amount that the Prime Minister doesn't want to talk about in this House—because that was the same amount he promised Australians their power bills would be reduced by.

Paul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | Link to this | Hansard source

The number that dare not speak its name!

Julian Leeser (Berowra, Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

As the Manager of Opposition Business reminds me, it's the number that dare not speak its name, except in the penalty unit bill, and we should be reminded that the Prime Minister's failure to keep his promise in reducing power prices effectively is a penalty on the Australian people. The coalition supports this bill. I want to take the opportunity talk a bit about some of the things that the coalition in government did, to fight crime and keep our communities safe, in the context of this bill.

In the March 2022-23 budget the coalition government announced an investment of $170.4 million, in the Australian Federal Police and Australian Border Force capabilities, to harden our border against transnational, serious and organised crime. These measures include: the establishment of dedicated AFP strike teams to target the importation and manufacture of illicit drugs, firearms and money-laundering; boosting the Australian Federal Police's specialist capabilities to keep pace with the growing threat of outlaw motorcycle gangs, organised crime cartels and other crime groups; and strengthening investment in the Australian Federal Police's Criminal Assets Confiscation Taskforce to further disrupt criminal business and remove the profit out of crime.

Ensuring our community and borders are protected has always been a priority for the coalition. That's why in government the AFP's funding was increased to a record $1.7 billion. The coalition government strongly backed in Australia's law enforcement agencies when we held office, and I'm concerned how these national security agencies will fare under the government.

This contrasts with the last time Labor were in government. They raided the accounts of our law enforcement agencies to prop up their budget bottom line. Labor's safety record at our airports and seaports has been abysmal. Labor were dragged kicking and screaming to finally support our legislation for tougher security requirements for those who worked in those protected areas at ports and airports. The Prime Minister's union bosses opposed security checks for ports and airport staff. Labor opposed it for years, before finally agreeing in 2021.

In one of the last sitting weeks before the election we saw a major Labor backflip, in relation to firearms trafficking. Organised crime syndicates, outlaw motorcycle gangs and other criminals who traffic firearms face tougher penalties under national gun laws secured by the Morrison government—after a backdown from the Labor Party, after five years in which they objected to them. The Criminal Code Amendment (Firearms Trafficking) Act 2022 increased the maximum penalty for firearms trafficking from 10 to 20 years imprisonment, and under a second aggravated offence for the most serious of traffickers offenders face up to life imprisonment.

For five years, Labor claimed they couldn't support this law because of their opposition to mandatory minimum sentencing, before suddenly abandoning that long-held policy. Transnational, serious and organised crime threatens the safety, security and trust of all Australians and their way of life. It affects all Australians. We in the coalition will continue to take every possible action to combat this threat to our way of life and to bring criminals to justice.

In government, the coalition provided our law enforcement, intelligence and border agencies the power and resources they needed to take the profit out of crime and harden Australia's supply chains against criminals. From the latest analysis by the Australian Criminal Intelligence Commission, transnational, serious and organised crime costs the Australian economy up to $60.1 billion a year. This has devastating impacts on families and communities, causing lost income, health and social impacts as well as the erosion of public trust in our government, business and public institutions. The Australian Federal Police led Operation Ironside, which publicly exposed the insidious and pervasive impact that transnational, serious and organised crime has on the safety and security of Australia. While Operation Ironside was a success, there's much more work to do.

I want to talk a little bit about outlaw motorcycle gangs and the coalition's approach to organised crime. This approach was multifaceted. We locked up criminals, but we also kicked out foreign criminals and thugs who abused our nation's hospitality. When the coalition was in government, we cancelled or refused the visas of 335 outlaw motorcycle gang members and removed 233 of them from Australia for breaking our laws. In total, from 2014, we cancelled or refused over 10,000 visas on character grounds, keeping Australians safe from the triads, the mafia and the bikies who seek to ply their deadly trade in our community.

In government, the coalition didn't tolerate noncitizens who engage in criminal activity or behaviour of concern, including involvement with outlaw motorcycle gangs and organised crime, and we will continue to act decisively to protect the community from the risk of harm posed by these individuals. Australian Border Force worked closely with the Department of Home Affairs and law enforcement agencies to identify and, where appropriate, cancel or refuse the visas of noncitizens engaged in organised criminal activities or associated with criminal gangs.

All noncitizens who wish to enter or remain in Australia must satisfy the requirements of the Migration Act and Migration Regulations, including the section 501 character test. A noncitizen may not pass the character test on a number of grounds, including, but not limited to, if they have a substantial criminal record or they're suspected of associating with, or being a member of, a group involved in criminal conduct. A noncitizen's visa must be cancelled if they're serving a full-time term of imprisonment for an offence committed in Australia and they have at any time been sentenced to a period of 12 months or more in prison. If a visa is cancelled in these circumstances, the person may apply to the minister for revocation of the visa cancellation decision. The minister has personal powers enabling them to cancel or refuse a visa without notice where it's considered in the national interest to do so. Noncitizens who do not hold a valid visa will be liable for detention and removal from Australia, pending resolution of any ongoing matters.

All removals are carried out in a way that ensures the safety and security of those individuals being removed, the staff and the public. Removals from Australia are undertaken as soon as reasonably practical, through both voluntary and involuntary pathways. Between December 2014 and 28 February 2022, as I said, 335 outlaw motorcycle gang members, associates or organised crime figures had their visas cancelled or refused under the character and general cancellation powers. From 11 December 2014 to 28 February 2022, 233 outlaw motorcycle gang members, associates or organised crime figures were removed from Australia by the coalition.

I want to talk a little bit about the cost of crime. The Australian Institute of Criminology, in their report Estimating the cost of serious and organised crime in Australia 2020-21, found a number of key matters that are essential to understanding why it's important to take a strong approach to crime. Firstly, the report considered the direct and consequential cost of serious and organised crime in Australia as well as the cost to government entities, businesses and individuals associated with perverting and responding to serious and organised crime. Depending on the extent to which serious and organised crime is involved in various types of crime, the estimated costs from range from $24.8 billion to $60.1 billion. These are really extraordinary figures when you think about it. Prevention and response costs were estimated to be up to $16.4 billion in 2020-21 alone. These included costs incurred by law enforcement, the criminal justice system, other government agencies, the private sector and individuals in the community in preventing and responding to crime. Continuing to measure these costs will help us understand the impact organised crime has on the community, and it will be an important tool in Australia's response to serious and organised crime in the future.

Costing a black market can be difficult and necessarily requires sensitive data and information. This latest analysis has been derived from research and classified intelligence holdings. Serious and organised crime operates in a black market with the goal of avoiding law enforcement detection. As such, calculating its cost is inherently difficult and dependent on available data and suitable costing methodologies.

The Australian Institute of Criminology recognises that crime data will never be completely reflective of the true extent of crime and will always be subject to limitations in data availability and analysis. The aim of the project was to provide an analytical framework which presents a systematic and structured picture of different costs of serious and organised crime. I think I've demonstrated that the cost of crime to the community is very, very serious and that the coalition takes the prevention of crime and the safety of our community very seriously as well.

There is one final matter I'd like to deal with, and that is the nature of support that the coalition has provided, when in government, for victims of crime, and I think that's a particularly important thing. Anyone who's a victim of crime has suffered unfairly and unnecessarily, and it's the job of good government to try and support victims, who, through no fault of their own, have been a victim of crime. The coalition is committed to supporting victims-survivors and making sure that those who commit sexual assault face justice. That's why in government we funded a $1.3 billion women's safety package in the 2022-23 budget as part of a total investment to support the delivery of the next National Plan to End Violence against Women and Children from 2022 to 2032, with a historic $2½ billion over the first five years.

As part of that package, the coalition announced an investment of $4.1 million to develop and deliver a dedicated training program for law enforcement across Australia to ensure we can effectively identify and support victims-survivors of all forms of family, domestic and sexual violence. The Department of Home Affairs will deliver a scoping study to inform the design and implementation of alternative reporting mechanisms so that victims-survivors who may be apprehensive about approaching the police can report an assault in some other way.

This is an important bill. It increases the value of the penalty unit from $222 to $275, but it's also an important opportunity and reminder to take stock of the importance of preventing crime and of supporting the victims of crime in the sterling way that the coalition did it in government.

Garth Hamilton (Groom, Liberal National Party) Share this | Link to this | Hansard source

I appreciate the chance to talk on this very, very important bill. Today, I rise in support of the Crimes Amendment (Penalty Unit) Bill 2022, which legislates for an increase in value of the Commonwealth penalty unit to from $222 to $275 from 1 January this year. Like the previous speaker, I note that the number 275 must be the most noted number in this term of government so far.

This is an additional increase beyond the usual triennial indexation of the Commonwealth penalty unit, with the usual schedule of automatic indexation resuming on 1 July 2023. This change will increase the revenue return to the Commonwealth by $31.6 million over the next four years. These penalty units that we are discussing determine the maximum fines which can be imposed for offences in Commonwealth legislation and territory ordinances. While the application of these penalty units will rightfully remain in the hands of sentencing judges, the change will ensure that financial penalties, when used, align with community expectations and provide a meaningful deterrent to those engaging in unlawful behaviour.

To pick up on a few comments from the shadow Attorney-General, the intent of the coalition's approach when in government was to take the profit out of crime and to find ways to address the motivating forces that drive crime in our community. I think that's why I very much support any measure whatsoever that increases that punishment. As the Leader of the Opposition has said, wherever there is legislation that supports the Australian people we will support that legislation. The shadow Attorney-General spoke about the work of outlaw motorcycle gangs in my region. What this has led to is the ice problems that we've faced, particularly in small country towns, where we've seen an explosion in the amount of that drug being used and sold. It's had devastating impacts on those communities.

I think it's also quite important to focus on the fact that when the coalition were in government we not only focused on addressing crime but also made it a key priority to focus on the victims of crime, especially, as has been raised, the $1.3 million for the women's safety package. Again to speak to my area of Groom, one of the issues we have seen is a rise in domestic violence cases, particularly amongst women in the 55-plus age group. Sadly, we see so many people in this age group coming to Toowoomba to try to find housing, work and support, so this is a key area for us to continue focusing on.

In the electorate of Groom residents are currently being plagued by break-ins and car theft from a revolving door of youth offenders, and nothing erodes community trust faster than the perception that the punishments being handed out by the courts do not fit the crime. To all the people I have spoken to on this issue across the electorate of Groom, be it doorknocking or at mobile officers, I say that I will continue to make this a priority of my time in this place. I will support any legislation that is tough on crime. When you have the erosion of community trust, it leaves people feeling scared, unsafe and alone, which is utterly unacceptable. But, as is the case here, we can't blame the courts when they're dealing with inadequate laws that provide inadequate penalties. It's up to us as lawmakers to ensure that they have the tools they need and that our legislation is regularly fine-tuned and updated to keep pace with community expectations.

This is something that we on the side of the House and the previous coalition government pay particular attention to, amending and introducing new offences to keep Australians safe. We took an unapologetically tough-on-crime approach, and our achievements must be upheld by this new Labor government. That starts by properly funding our law enforcement agencies so that people are pursued and prosecuted for illegal activities. In the 2022-23 budget the coalition government announced an investment of $170.4 million in AFP and Australian Border Force capabilities to harden Australia's border against transnational serious and organised crime, including the establishment of dedicated AFP strike teams to target the importation and manufacture of illicit drugs, firearms and money-laundering. The investment also included boosting the AFP's specialist capabilities to keep pace with the growing threat of outlaw motorcycle gangs, organised crime cartels and other crime groups and strengthening investment in the AFP's Criminal Asset Confiscation Taskforce to further disrupt criminal businesses and remove the profit out of crime. Under the coalition the AFP's funding increased to a record $1.7 billion, and I think we can be quite proud that, wherever the opportunity arose for us to support strengthening law enforcement during our time in government, we were there supporting our people on the front line to do that. That is an achievement of the last coalition government that we can be very, very proud of.

In contrast—and these are important points about the last time the Labor were in government—they raided the accounts of our law enforcement agencies for the sake of propping up the budget bottom line. With the recent Optus and Medibank hacks so fresh in the minds of many Australians, including many people in my community who've been affected by these incidents, we cannot afford to take a backward step on the funding of our key security agencies who are investigating who is responsible and how we can hold them to account. As we enter another challenging economic period, can we really trust that we will not see a similar approach from this government? The approach the previous coalition government took worked, and we need to see that continue. But beyond the budget the coalition's approach to organised crime was multifaceted. We locked criminals up but we also kicked out the foreign criminals and thugs who abused our nation's hospitality. When the coalition was in government we cancelled or refused the visas of 335 outlaw motorcycle gang members and removed 233 from Australia for breaking our laws, including 52 from my state of Queensland. In total we've cancelled or refused over 10,000 visas on character grounds since 2014, keeping Australians safe from the triads, mafia gangs and bikies who seek to ply their deadly trade in our community.

Simply, the coalition government did not tolerate noncitizens who engage in criminal activity or behaviour of concern, including involvement with outlaw motorcycle gangs and organised crime, and acted decisively to protect the community from the risk of harm posed by these individuals. We supported the department and Australian Border Force to work closely with law enforcement agencies to identify and, where appropriate, cancel or refuse the visas of noncitizens engaging in organised criminal activity or associating with criminal gangs and ensure that all noncitizens who wish to enter or remain or remain in Australia must satisfy the requirements of the Migration Act 1958 and the Migration Regulations 1994, including the character test at section 501 of that act. A noncitizen may not pass the character test on a number of grounds, including but not limited to if they have a substantial criminal record or they are suspected of associating with or being a member of the group involved in criminal conduct. Further, a noncitizen's visa must be cancelled if they are serving a full term of imprisonment for an offence committed in Australia or they have at any time been sentenced to a period of 12 months or more in prison.

If a visa is cancelled in these circumstances, the person may apply to the minister for revocation of the visa cancellation decision. The minister has personal powers enabling them to cancel or refuse a visa without notice where it is considered in the national interest to do so. Noncitizens who do not hold a valid visa will be liable for detention and removal from Australia, pending resolution of any ongoing matters. All removals are carried out in a way that ensures the safety and security of those individuals being removed, staff and the public. Removals from Australia are undertaken as soon as reasonably practicable through both voluntary and, unfortunately, sometimes involuntary pathways. As I've just said, we not only put these protections in place but used them, because no good comes from losing control over our borders. From December 2014 to February this year, 335 outlaw motorcycle gang members, associates or organised crime members had their visas cancelled and or refused under the character and general cancellation powers.

This was real, practical action to keep Australians safe that the previous coalition government undertook, and Labor must follow suit. I note the Prime Minister has said he will be more lenient when it comes to allowing New Zealand criminals to stay in Australia. For the victims of crimes committed by these people I think that's a very difficult statement to hear. The Prime Minister needs to provide more details about which criminals he will allow to remain in our country and why. The coalition will continue to hold Labor to account on its approach to our borders and crime from opposition, because we've seen their track record on these important issues, and it hasn't been good enough. For another example, I'll talk about the backflip in relation to firearms trafficking before the last election. For five years Labor objected to tougher penalties under new national gun laws for organised crime syndicates, outlaw motorcycle gangs and other criminals who trafficked firearms—finally backing down, though, at the start of this year and supporting the legislation. It's astounding that it did take five years to come to the realisation that Australia and Australians need to be protected and want to be protected and that importation of illegal firearms was something the community indeed needed to be protected from.

I'll stress very much why this has been such a core principle of coalition governments past. Law and order is absolutely the bedrock of our society. Without it, the basic agreements we have as individuals fall apart. Our people, the Australian people, need to know that at all levels support is there—here as legislators, making sure that the legislation we're doing is up to date, addressing threats as they occur in our time, and that we are, as in the case of this legislation, making sure the penalties applied meet community expectations. They also need to know our courts have not only the tools they need but the willingness to use them, and the Australian people need to know our law enforcement agencies have the support from all levels to do their job and to keep us safe. We're blessed in this country to have fantastic law enforcement agencies, as I'm sure every member of this House would agree. It's very important that we maintain laws in place to support them.

To wrap up, I think the key point I'd offer on this is that the punishment must fit the crime. It's important that we take steps to make sure that we're keeping up with community expectations. It's important we take steps to understand new crimes and threats that are coming through, and it's very important we find ways to address the profits that crime lives and thrives off. When we can do that, we know we can cut away at it, and we can remove as much of this scourge as we can from our society.

Stephen Jones (Whitlam, Australian Labor Party, Assistant Treasurer) Share this | Link to this | Hansard source

I want to thank members for their contribution to this debate.

Question agreed to

Bill read a second time.