Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I rise on behalf of the opposition to support the second reading of the Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2022. The bill amends the Australian Crime Commission Act 2002 to provide greater certainty regarding the powers of the board of the Australian Criminal Intelligence Commission, otherwise known as the ACIC, to authorise special ACIC operations and special ACIC investigations.

The ACC Act establishes the ACIC board to make determinations authorising the ACIC to undertake special ACIC operations or special ACIC investigations. However, the existing provisions in the act include key definitions which cross-refer to other definitions that are central to the process for making determinations. This layering of definitions adds unnecessary complexity to the process in making determinations. The bill addresses this issue by repealing the current definition of 'federally relevant criminal activity' in section 4(1) and replacing it with a new definition of 'federally relevant crime'. The current definition of 'relevant crime' in section 4(1) is also amended. These changes reduce the multilayered definitions that currently exist, which add unnecessary complexity. The bill also makes some minor consequential amendments to the Parliamentary Joint Committee on Law Enforcement act 2010 and the Telecommunications (Interception and Access Act 1979.

The Australian Criminal Intelligence Commission, which was formerly known as the Australian Crime Commission, performs, without a doubt, a vital function of our law enforcement agencies. State and commonwealth agency heads come together to form the board, which provides input and directions around special operations and special investigations. The Australian Criminal Intelligence Commission does excellent work in looking at some of the incredibly serious systemic criminal issues that occur here in Australia. It is also given extraordinary powers, and of course we should always be apprehensive and cautious that, when we give agencies particularly coercive powers, we are doing it for a very good reason. It has certainly been evidenced by the performance of the commission over a number of years now that these powers that they have are extremely important and do assist the commission in undertaking some of its special operations and investigations. These investigations have been, as we know, into some very significant areas within, for example, drug trafficking, issues with the migration system and issues with organised crime, to name but a few.

Without a doubt, the opposition want to support the Australian Crime Commission, now known as the Australian Criminal Intelligence Commission, which is what the bill before us does. What it does is to ensure that the proper legislative framework is in place for the commission to continue its activities. I have outlined the areas in which they undertake this work: drug trafficking, issues with the migration system and, in particular, issues around organised crime. They need to be properly equipped with the powers to tackle these issues. We need to ensure that particularly in 2022—and in fact we're looking forward to 2023—they have the proper legislative framework in place for them to continue the important work they do, with important oversight and restraint of power.

Coercive powers are very significant because in some cases they provide evidentiary discovery capacity well beyond what could actually be admissible in a trial—things like compelling the giving of evidence and not allowing for the right to silence. Some of those issues may or may not come up at another time in debate on another bill regarding corruption. These powers that are given to the ACIC inform the work that they do and allow them to stop the bad criminal activity that occurs in our nation. So, where it is justified and appropriate and, on top of that, we have the proper protections and safeguards in place, we accept the need for that and we are happy to support improving the legislative framework.

In particular—we're in 2022, looking forward to 2023—where new forms of criminal enterprise and activity may be identified, new technology provides an opportunity for criminal activity that was not envisaged within the original legislation. Due to that, we find ourselves in a situation where the proper powers are not necessarily now in place for entities like the ACIC to do the job that we so desperately need them to do. We as a parliament should always be responding to that and making those changes, and, of course, we need to be comfortable with them and we need to ensure they are reasonable and legitimate. In the case of this bill, the opposition believes that these changes are appropriate and that they do support the ACIC to do the work that they need to do in the modern world that we live in. On behalf of the opposition, I commend the ACIC on the work that they do. The opposition commends the bill to the chamber.