Senate debates

Thursday, 20 September 2018

Bills

Criminal Code Amendment (Food Contamination) Bill 2018; Second Reading

12:46 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Small and Family Business) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The Criminal Code Amendment (Food Contamination) Bill 2018 strengthens penalties for existing offences, and amends the nation's sabotage offences, to deal with acts of food supply contamination that pose a risk to the safety of the Australian community.

The consequences we have witnessed from the contamination of strawberries demonstrate the public anxiety, economic loss and real-world harm that a rogue actor can cause.

This harm has been amplified by copycat offenders and the perpetrators of hoaxes.

The bill sends a very clear message. This behaviour is not a joke. It is not funny. It is a serious criminal offence which we denounce, and offenders will face serious consequences.

Contamination of goods

It is already illegal to intentionally contaminate goods with the intention of causing public alarm or anxiety, widespread or nationally significant economic loss, or harm to public health. It is also a crime to threaten to contaminate goods, or make false statements about the contamination of goods for one of those purposes.

However, recent events have demonstrated that the existing maximum penalty of 10 years imprisonment is not high enough.

The bill will address this by increasing the maximum penalty to 15 years' imprisonment.

This will send a strong signal to would-be offenders by placing the penalty at an equivalent level to child pornography and funding a terrorist organisation.

There is a real risk that recent events will inspire hoaxes and copycat offenders. These people need to know that if they engage in this conduct, they will be committing a crime.

The bill will create new offences that apply where a person contaminates goods, threatens to contaminate goods or makes false statements about the contamination of goods and is reckless as to causing public alarm or anxiety, economic loss, or harm to public health.

These offences will attract a maximum penalty of 10 years' imprisonment.

Sabotage

The government recently modernised Australia's sabotage laws to address the unprecedented threats that we now face. These threats are constantly evolving, and our laws must keep pace.

These laws currently apply to the sabotage of public infrastructure and carry maximum penalties of between seven and 25 years' imprisonment.

Australia's food supply infrastructure is of critical importance to our national security and the wellbeing of our citizens.

The bill will expand the sabotage offences so that they would cover the sabotage of Australia's food supply, where such conduct is intended to prejudice our national security.

Further action

The bill marks an important step towards ensuring that our food supply infrastructure is afforded the same protection as other pieces of our critical infrastructure.

This work must continue. I will raise the issue with my state and territory counterparts and encourage them to strengthen their laws to ensure a robust, nationally consistent approach to the protection of our food supply.

It is important to remember the human toll this is having on Australian farmers, and indeed a whole range of participants in the agricultural sector, who are already doing it tough. Helping our farmers and farming communities is this government's number one priority, and we have committed $1 million to deal with this crisis and help get the industry back on its feet.

Conclusion

The events of this week represent large scale criminality relating to food products in Australia.

Strong action is required to deter and punish those who would target our food supply infrastructure. Their actions hurt the Australian community. They sabotage the livelihoods of growers, communities, towns and whole regions. They frighten people away from enjoying the beautiful, fresh, healthy produce our farmer's grow. This Bill demonstrates that the Government will not stand for it.

It is the first duty of every Government is to keep its people safe, and we are committed to doing so.

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