Senate debates

Thursday, 18 February 2021

Bills

Transport Security Amendment (Serious Crime) Bill 2020; Second Reading

1:50 pm

Photo of Carol BrownCarol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Hansard source

The Transport Security Amendment (Serious Crime) Bill 2020 seeks to strengthen the regulatory framework surrounding the issuance of aviation and maritime security cards. It also provides the legislative basis for undertaking security checks, including background checks, of ASIC and MSIC holders. It seeks to do this by significantly expanding the number of background checks that have to be completed for each applicant. Aviation and maritime security identification cards are required for anyone who seeks regular access to secure areas of Australia's airports and seaports, Australian flagged ships, and our offshore oil and gas facilities. Workers requiring unescorted access to secure areas of airports, seaports, offshore platforms and Australian registered ships are all required to have a valid ASIC or MSIC. These workers include aircraft crew, baggage handlers, couriers, security screening staff, security guards, waterfront workers, seafarers, custom brokers, shipping agents, maintenance workers, truck drivers, train operators and anyone who works on an offshore platform. In other words, tens of thousands of Australian workers are required to have one or other of these security cards in order to do their jobs.

At the moment, applicants for an ASIC or MSIC are required to complete an identification verification, a security assessment conducted by ASIO and a migration status checked by the Department of Home Affairs. The government is now seeking to add a criminal history check, conducted by the Australian Criminal Intelligence Commission, and a criminal intelligence assessment, which would also be conducted by the ACIC.

The problem is that this bill doesn't get the basics right when it comes to securing our important aviation and maritime infrastructure industries. That's because this bill fails to contain a maximum time frame to ensure that decent, hardworking Australians don't miss out on work due to delays in processing their applications for an ASIC or MSIC, nor does it contain any legislative right of appeal if an applicant is denied an ASIC or MSIC. It doesn't require any background checks for foreign workers entering our ports or airports and, unbelievably, as Senator Sheldon said in his contribution, it doesn't contain a definition of 'serious crime'.

Labor holds serious concerns with the potential impact this legislation will have on the granting of ASICs or MSICs. During its inquiry into this bill, the Legal and Constitutional Affairs Committee heard evidence that there are already significant delays in the renewal of MSICs. Some are taking up to four months. This means that maritime workers are left without a valid MSIC for a number of months and they are not allowed to work. This simply isn't good enough, and it is likely only to get worse if this legislation is passed. The International Transport Workers Federation and the Maritime Union of Australia gave evidence to the committee hearing of a worker who put in an application to renew their MSIC 90 days before having to join a ship; however, the card was not renewed in time. They put in their application 90 days before and the card was not renewed in time. In this case, the seafarer had been convicted of a crime more than 31 years ago. That worker concerned has learnt their lesson and has led a blemish-free life ever since. For it to take the authorities over 90 days to renew his MSIC under the current regime is outrageous. Those are 90 days in which this seafarer was not able to work and provide for his family. This seafarer is forced to go through this process each time he needs to renew his MSIC. This is despite the fact that he's only ever had one conviction over 30 years ago and has led a blemish-free life since that time.

Labor has serious concerns. One such concern is that, under the arrangements proposed in this bill, it would take even longer for seafarers, waterside workers and baggage handlers to have their security cards renewed. That's because the committee heard evidence from several witnesses from government agencies that they will now be taking intelligence into account when assessing whether to issue a card. Mr Phelan from the Australian Criminal Intelligence Commission told the committee that suspicious intelligence and belief will now be all considered by the authorities when determining whether individuals can be issued with an ASIC or MSIC. Surely someone's belief should not determine whether a worker has a right to earn an income. These are people's livelihoods we're talking about.

In stark contrast to this, workers on overseas flagged vessels will not be subject to these new requirements. Let's get this straight: workers on overseas flagged vessels will not be subject to these new requirements. Foreign crews and overseas flagged ships will still have their maritime crew visas which give them access to our ports within 24 to 48 hours of application. They will be able to come and go and associate with whomever they wish to without any of the checks that are imposed on Australian workers.

Australian workers are already subject to ASIO checks, AFP checks and other checks. Most of the ships that pull alongside Australian wharves are foreign flagged with overseas crews. None of these crews are subjected to the checks and balances we place on our own workers. Workers have become accustomed to providing police record checks when applying for or commencing a job. I struggle to think of any other collection of occupations that are subjected to the legislative requirement of a criminal intelligence assessment.

One must wonder why this government is so determined to make life difficult for people that work in our aviation and maritime section. A number of years ago, the Rural and Regional Affairs Committee heard evidence from the then Department of Immigration and Border Protection that certain features of flag-of-convenience registered ships with the consequent regulation and operation makes them open to exploitation from organised crime syndicates and terrorist groups. This was brought to the attention of the government in 2017, but they have not acted. Foreign crews and overseas registered vessels will continue to have a much easier path to gaining access to our ports than our own workers, Australian workers. Like the aviation and maritime workers themselves, Labor believes in a strong, effective and consistent approach to border security. However, this does not mean that Labor will support an identity card regime that seeks to rely on suspicion or belief to determine whether a worker is suitable to have access to our ports, airports and offshore oil and gas facilities.

During its inquiry into this bill, the Legal and Constitutional Affairs Committee heard evidence from both the workers and government that there is no definition whatsoever of 'serious crime' contained within the legislation. The Australian Crime Commission Act 2002 did manage to include a definition of 'serious crime'. It is a very detailed definition, as you would expect. This definition focuses on offences punishable by more than three years imprisonment, offences causing high value loss and certain money-laundering and terrorism-financing offences. Surely, if a definition could be included in a 2002 act, it should not be beyond the wit of this government and their drafters to provide a definition in this instance. In fact, the Legal and Constitutional Affairs Committee was told that a generally understood definition of 'serious crime' does not apply in the case of this legislation. So not only do we not have a definition in this piece of legislation—

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