Senate debates

Thursday, 1 March 2007

Corporations Amendment (Takeovers) Bill 2007

Australian Crime Commission Committee: Joint; Report

7:05 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I seek leave to first of all go back to the discussion on the committee’s report on the Australian Crime Commission and then to incorporate my speech, which I prepared to deliver when I spoke to the initial report. Unfortunately, through bad timing on my behalf, I did not really get to the end of it. I tried to edit it on my feet, which is always dangerous. So, just for the record, I want to incorporate the total speech.

Leave granted.

The incorporated speech read as follows—

At the outset of tabling this report, I want to congratulate the Howard Government and indeed the Parliament, (as I understand Drugs Policy is relatively bipartisan), on the work the Australian Government has done to stop the importation and use of illicit drugs, particularly amphetamines and other synthetic drugs. The Tough on Drugs Policy is a strategy which has been vigorously pursued and it demonstrates not only the Government’s but the community’s aversion to illicit drugs.

I want to particularly place on record the great work that the Australian Customs Service, the Australian Federal Police, and the Australian Crime Commission do in protecting Australians from the scourge of illicit drugs. I would ask that the Minister for Justice and Customs pass onto these agencies my congratulations and I’m confident in doing this I speak on behalf of all members of the Committee.

As well, recognition should be made of the work the State & Territory Police Forces do (at many times in difficult circumstances because of the stupidity of state boundaries and different laws in different states —but more about that in the report). Across the board we were considerably assisted by the evidence, experience and plans of the State Law Enforcement Agencies and I thank them for their contribution, not only to the report, but to the part they play in helping to protect Australians from organised crime and illicit drugs.

So many other Commonwealth and State Government Agencies do mighty work in trying to address the problem arising from drug consumption in Australia and as well I thank them for what they do and for the assistance they gave to the Committee.

But whilst Governments do everything in their power to reduce supply and demand, it is a very sad but unfortunately true fact that we are losing the fight against the consumption of illicit drugs.

Australia has the highest consumption per head of population in the world of ecstasy—3.4% according to the United Nations Office of Drugs and Crime.

Just last weekend—and indeed every weekend—according to evidence given to us by the Victorian Police, some 100,000 pills of synthetic drugs are consumed by Australians.

AOSD users cut cross all sectors of society and come from a variety of backgrounds. Users may range from well-educated professionals who, for example, use ecstasy and methamphetamine at dance parties, through to marginalised injecting drug users who inject methamphetamine and/or cocaine.

In many cases illicit drug consumption leads to downstream impacts that destroy lives and personal relationships and become a huge burden on the health systems of the nation. Mental disease and disorders, long term and sustained illnesses and even death are results of the taking of amphetamines and other synthetic drugs.

The rise in methamphetamine use – particularly regular use of its purer forms, base and ice – has been linked with an increase in mental illness in users. Common problems include increased aggression, agitation, depression and symptoms of psychosis.

The FFDLR submission quoted work by McKetin et al. that estimates ‘the prevalence of psychosis among regular methamphetamine users was 11 times higher than that seen in the general population’.

While the majority of AOSD in Australia is imported, recent seizures of precursor chemicals and detentions of clandestine laboratories (clam labs) show that domestic manufacture of AOSD is increasing in Australia.

Detections of clandestine laboratories by law enforcement agencies have increased significantly, rising from 58 in 1996-97 to 381 in 2004-05.

The Committee heard evidence of significant organised crime involvement in the importation, domestic manufacture and distribution of AOSD, particularly methamphetamine and MDMA, in Australia. Production of AOSD appears to be presently concentrated in NSW, Victoria and Queensland.

The Manufacture and distribution of AOSD by organised criminal groups and opportunistic producers were business ventures motivated by significant financial gains.

The Committee acknowledges that tension exists around the harm-reduction and demand-reduction potential of pill testing programs. There are concerns that such schemes equate to condoning drug taking, could expose pill-testing authorities or practitioners to civil or criminal liability, and could endanger users of such services.

While the Committee acknowledges that pill-testing proponents are well-intentioned, a majority of the Committee considers that such programs have yet to overcome these legitimate and serious concerns:

As I mentioned the Committee had differing views about the benefits of harm minimisation, and accordingly the Report contains no deliberative recommendation in relation to harm minimisation apart from: Recommendation 7 in which

4.
71 The Committee recommends that the Victorian feasibility study for an illicit tablet monitoring and information service be monitored and, as appropriate, the outcomes independently evaluated by the appropriate Commonwealth Government Agency.

Recommendation 6 The Committee recommends

4.
50 that, in the execution of the National Drug Strategy, harm-reduction strategies and programs receive more attention and resources.

The Committee believes it is critical that adequate funds be made available to research the long-term effects of these drugs and to provide adequate treatment and assistance for mental and physical health problems that arise from AOSD use. The Committee also considers that such funding should also be available for support for the families of users.

An enormous amount of work is being done by Government Agencies and I know that the Minister for Justice and Customs will continue to do all that is humanly possible to prevent illicit drug consumption by Australians.

Strategies to address precursor drugs not only in Australia but overseas are innovative and very useful. Any number of private agencies including the Pharmacy Guild and the Real Estate Institute of Western Australia have programs in place that do substantially contribute to the detection and reduction of supply of amphetamines and other synthetic drugs.

Recommendation 12 The Committee recommends

6.
35 that the Commonwealth Government, in collaboration with state and territory governments and pharmacists, continue to implement Project STOP nationally.

The effectiveness of drug education programs is dependent on how information is presented. The Department of Health and Ageing, in a supplementary submission, argued that its national drug prevention campaigns and messages to young people are based upon a thorough, evidence-based social marketing approach, which includes extensive research conducted with young people themselves.

However, the Committee notes that some of the evidence given to this inquiry questions the effectiveness of some campaigns to modify the behaviour of current drug users. The current NDC aims to highlight the negative and terrifying effects of AOSD use, and it is reported that the Commonwealth Government intends to use a scare campaign in future advertising on AOSD use. As part of the second phase of the NDC, this campaign is likely to be based upon the AIDS Grim Reaper advertisements of the mid-1800s.

Some submitters were critical of the role the media played, accusing the media of scaremongering and thereby undermining the goal of responsible and effective drug education.

Concerns were also raised over the media’s use of the term ‘party drug’ and the name ‘ecstasy’ for MDMA. The use of such terms reinforces particular positive social expectations or impressions and thereby undermines, to a degree, the efforts of health, education and law enforcement sectors.

Recommendation 5 The Committee recommends

4.
22 that public education and demand-reduction campaigns for illicit drugs be factual, informative and appropriately targeted. The Committee also recommends that such campaigns seek input from young people, and take account of user experiences of amphetamines and other synthetic drugs (AOSD).

After hearing all the evidence, it is my belief, that young people at the coalface are not closely enough involved in strategies to address the impacts and consequences of illicit drug taking.

I want to place on record my appreciation to those young people who did, directly and indirectly and often anonymously provide information to the Committee. I particularly want to thank the then Triple J Drive time producer and announcer Steve Cannane for the help he gave in arranging a three-quarter hour Triple J talkback session on drugs which I and the Committee found very useful in trying to understand views of consumers and young people.

A further recommendation related to the need for the ACC to be well funded to discharge its responsibilities

Recommendation 4 The Committee recommends

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88 that the Australian Crime Commission continue to be funded commensurate with the anticipated increase in organised criminal activity in relation to amphetamines and other synthetic drugs (AOSD).

A number of recommendation dealt with the difficulty in Australia for law enforcement and other agencies dealing with 9 different legislative and governments jurisdictions.

Recommendation 9 The Committee recommends

5.
86 that the state and territories consider adopting drug offence regimes based on the Law and Justice Legislation Amendment (Serious Drug and Other Offences) Act 2005 with the aim, as far as is practically possible, of establishing greater national consistency in the offences and penalties that apply to crimes related to amphetamines and other synthetic drugs (AOSD).

Recommendation 10 The Committee recommends

5.
99 that the Commonwealth Government undertake regular reviews of the effectiveness and interaction of Commonwealth and state drug legislation.

Recommendation 11 The Committee recommends

5.
100that the Commonwealth Government continue to work with the state and territory governments to encourage national consistency of offences relating to amphetamines and other synthetic drugs (AOSD) and precursor chemicals.

The Committee also made certain recommendations in relation to coordination of state and federal information sharing.

Recommendation 17 The Committee recommends

6.
92 that the Australian Crime Commission work with the state and territory law enforcement agencies to increase their participation in data provision to the Australian Crime Commission’s databases.

Recommendation 18 The Committee recommends

6.
93 that the Australian Crime Commission work to include the data provided by the state and territory law enforcement agencies to further develop the illicit Drug Data Report.

The internet and new technologies are being used by some criminals as the preferred method of communication. The Committee is concerned that organised criminal groups are exploiting new technologies and that, at the present time, law enforcement agencies do not have the capacity to address these weaknesses.

Recommendation 2 The Committee recommends

2.
60 that the Australian Crime Commission develop a nationally coordinated response to new and emerging communications trechnologies used by organised criminal networks to undertake serious criminal activities.

I would urge the Government and particularly the Attorney General’s Department, Health Agencies, Law Enforcement and

Border Protection Agencies to consider and adopt the recommendations made in the Report.

I thank the Australian Crime Commission and its Executive Director, Mr Milroy for the assistance they gave to the Committee during its inquiry and I want to particularly place on record the indebtedness of the Committee and indeed all Australians to the work done by the Committee Secretariat in particular our Research Advisors Anne O’Connell and Ivan Powell and Committee Secretary, Dr Jacquie Dewar and Admin Officer Jill Manning.

The compilation of this Report and the investigations that went into it do involve Committee Members and the Secretariat in a lot of travel and a lot of work and I acknowledge that Members of the Committee have made an outstanding effort in attending hearings and contribution to the final Report —many of them have other electoral and parliamentary commitments which they were able to juggle to contribute to the outcome. I want to particularly place on record my thanks to my colleagues on the Committee and in particular to the Deputy Chairman, the Hon Duncan Kerr SC MP and the members Senators Ferris, Polly and Ludwig and Ms Gash and two policemen Kim Richardson and Jason Wood and Chris Hayes who was involved with the Police Federation of Australia and New Zealand.