Teresa Gambaro (Brisbane, Liberal Party) Share this | Hansard source

I want to add to the earlier comments on the Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014 by the members for Casey and Deakin, and many others. It is a great pleasure to speak to this bill today. The purpose of the bill is to strengthen the Commonwealth's unexplained wealth regime. This is a really important step in the fulfilment of the coalition's election commitment to tackle crime, and in the implementation of a very comprehensive national policy approach on the issue.

I would like to start by elaborating on how serious this problem is in Australia. It is quite startling when you consider that the Australian Crime Commission estimates that money gained from criminal activity in Australia is a very significant $15 billion. That is $15 billion gained from illegal activities that damage and threaten the security of the communities in which we all reside, work and live. Criminal activity can be anything. Many members who spoke earlier outlined some of those areas of criminal activity. It could be illicit drugs; fraud; money laundering and other financial crimes; trade in illicit firearms; criminal activity in sports, particularly in areas such as match fixing; and environmental crimes, such as trade in protected species. By no means is this an exhaustive list. There are many other areas in this country in which criminal activity seeks to engage. There is a very simple rule here: wherever there are easy profits to be made, there is crime, and there will always be people who will find ways to engage in crime.

The particular difficulty in tackling organised crime relates to some of its defining features. There is a very sophisticated system of transnational connections, which is a large feature of it; the activities quite often are spread over several markets; and, most difficult of all, there is a mixture of legitimate and illegal activities, which sometimes makes it really hard to define just what are illegitimate profits.

Under the amendments proposed in the unexplained wealth bill, the courts will be able to require a person to demonstrate that their wealth was lawfully acquired. Failure to do so could mean forfeiture of illegitimate wealth. I am heartened by the thought that this would reduce the profit motive for the criminal kingpins behind organised crime networks and activities, and it would debase any illusion that these profits would go undetected indefinitely. While completely eliminating crime is unlikely, these kingpins are at the top of the criminal food chain, and they are responsible for peddling misery. They are usually insulated from the day-to-day operations of crime, and they stand to gain the most financially from all of these particular activities.

The proposed bill also provides law enforcers with much more teeth in tackling unexplained wealth, and that is a good thing. The bill is a part of the Abbott government's comprehensive strategy to tackle a central feature of organised crime, but would also implement eight recommendations made by the Joint Committee on Law Enforcement as, part of their 2011 inquiry into unexplained wealth laws and arrangements.

In terms of the particular bill, there are some specifics which I would like to highlight today. Firstly, the bill seeks to ensure the most effective framework for law enforcement is in place to investigate and target unexplained wealth. It will also be the subject of ongoing monitoring, including through an annual report on unexplained wealth matters and litigation by the AFP commissioner to the Parliamentary Joint Committee on Law Enforcement. In turn, the committee will be able to also seek further information from federal agencies, which is much improved.

Secondly, this bill seeks to streamline the processes for obtaining unexplained wealth orders while ensuring that there are very adequate and appropriate safeguards. That includes a number of aspects, such as streamlining the affidavit requirements for preliminary unexplained wealth orders and the removal of redundant and unnecessary affidavit requirements in support of applications for preliminary unexplained wealth orders. The overall focus of these measures is to remove the disincentive of unnecessary red tape to ensure that unexplained wealth comes under increasing scrutiny in the courts.

Thirdly, the bill would close loopholes in the Proceeds of Crime Act that potentially make it easier to escape unexplained wealth actions and frustrate court processes. This includes, for example, harmonising legal proceedings to prevent restrained assets being used to meet legal expenses and a whole raft of other measures.

On a concluding note, unexplained wealth, without a robust framework for investigation and action, where necessary, is a threat to all Australians and must be addressed at all levels of government. The bill reflects growing momentum nationally to target organised crime, and the topic of this was of much discussion during COAG meetings. It also builds on the very hard work already done by Minister Keenan, and I would like to congratulate him and his department, particularly for trying to establish a cohesive national approach to organised crime. I also recognise the headway made by other state governments, even in my own state of Queensland by the Queensland Police and state government. I would like to thank them for all the work that they have done to date. In my state, we are the beneficiaries of the Safer Streets program, which has provided funds for CCTV and lights. Areas such as Fortitude Valley, Ascot and Petrie Terrace will be the beneficiaries of this fund, and they are very worthwhile projects that will make our streets safer. In particular, I look forward to working with the Brisbane City Council on these projects. Safer streets are good for all of us.

The issue of unexplained wealth was raised specifically with states and territories at the inaugural Law, Crime and Community Safety Council on 4 July. The jurisdictions have agreed to consider a cooperative scheme in support of a national approach to the seizure of unexplained wealth. It is hoped that a working group will be the next step in progressing this issue between these two levels of government. I strongly support the Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014. It is absolutely integral if Australia is to have the strongest unexplained wealth regime possible. This bill supports and builds momentum towards what must be a comprehensive national approach to keeping Australian communities safe. I commend it to the House.

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