Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Hansard source

I thank senators for their contributions to this debate on the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011. When a person commits an offence in one country and then flees to another, it is vital that countries cooperate to ensure that person is brought to justice. People who commit serious crimes should not be able to evade prosecution by crossing international borders. Similarly, where evidence related to an offence is located in one country and the alleged offender is located in another, it is in the common interest to ensure that this evidence can be accessed and transferred for the purposes of investigation and prosecution. When Australia's current extradition and mutual assistance legislation was drafted over 20 years ago, it would have been difficult to foresee and plan for the massive changes in communications, technology and travel that have revolutionised the way we live and conduct business. This bill before the Senate today is an important update to these legislative schemes. The amendments to the mutual assistance legislation will extend the range of assistance Australian authorities can offer to their international counterparts. This will include allowing domestic law enforcement agencies to carry out forensic procedures and undertake surveillance for the purposes of assisting foreign law enforcement authorities in their investigations and prosecutions. But it is important to emphasise that, while the range of assistance that can be provided to foreign countries will be expanded, the new powers will be subject to the same rigorous safeguards that would apply to a domestic investigation. This will ensure that the privacy and human rights of individuals are appropriately protected. In addition, the existing protections set out in the Mutual Assistance in Criminal Matters Act, including grounds of refusal, will apply to the new powers. Further amendments will also be made to strengthen legislative safeguards relating to situations where there are concerns about the death penalty, torture or discrimination.

The bill will also make important reforms to Australia's extradition legislation. It will expedite the extradition process by removing duplications in decision making, by reducing the time it takes to progress an extension request and by potentially reducing the amount of time a person is required to spend in extradition custody. The amendments will extend the availability of bail and will introduce important safeguards to ensure that a person cannot be extradited in situations which would discriminate against them on the basis of their sex or sexual orientation. Steps will also be taken to ensure Australia does not become a safe haven for criminals by allowing Australian authorities to prosecute a person in Australia when it is not possible or appropriate to extradite them.

The bill has been the subject of extensive public consultation, with exposure drafts released for comment in 2009 and again in 2011. The bill has also been subject to extensive parliamentary scrutiny after it was referred for inquiry by the House of Representatives Standing Committee on Social Policy and Legal Affairs. I note that the committee has made a number of recommendations to the government on the bill, and the majority of these have been accepted. I am satisfied that the measures in this bill have been thoroughly considered and the bill strikes the correct balance between ensuring Australian authorities have the powers they need to effectively cooperate in bringing international criminals to justice and protecting the rights of the accused. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.