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Wednesday, 8 March 2000
Page: 14213


Mrs MAY (7:17 PM) —With the passage of the Telecommunications (Interception) Legislation Amendment Bill 2000 tonight we are helping to ensure that our law enforcement agencies are able to meet the challenges that rapid changes in technology present in the new millennium. We are helping to ensure that criminals, particularly drug traffickers, are not able to hide behind advances in telecommunications as a means to mask their illegal activity.

This legislation is further evidence of the Howard government's desire to help create a safer community and take up the fight against crime. While honourable members of this place would be very aware that police and sentencing are state government matters, I am proud of the fact that the federal government continues to take a hands-on approach to helping make our community safer. It is an approach that is bringing results. We saw earlier this year that Australian Federal Police drugs strike teams in Brisbane and Sydney, established under the Howard government's Tough on Drugs strategy, seize a record quantity of the drug ecstasy, or MDMA. An estimated 65 kilograms of ecstasy tablets, nine kilograms of MDMA powder and over nine kilograms of cocaine were seized. They had been concealed inside a shipping container with various items of farming equipment. The drugs are believed to have originated in the Netherlands and arrived in Brisbane via Malaysia. As a result of the investigation, seven men, all Australian residents, were arrested and a further eight kilograms of ecstasy was seized.

In the Howard government's last budget an additional $221 million was provided for the Tough on Drugs strategy so that more can be done to assist state governments in tackling the drug problem and making our community safer. We all know what a devastating effect drugs can have on the lives of people who become addicted and their families, not to mention the cost to the community, particularly when you consider that the majority of crimes are drug related. This legislation is another step forward in the fight on drugs and crime.

This bill implements many of the recommendations of the Telecommunications Interception Policy Review tabled in parliament on 25 August last year. The review looked in detail at many aspects of this issue, including: warrants authorising the interception of any telecommunications service likely to be used by a particular person rather than a single identified telecommunications service; reporting obligations for law enforcement agencies and the accountability specifically minimising invasions of privacy in investigating offences through the use of telecommunications interception; national security requirements and associated accountability measures; the regulation of participant monitoring of telecommunications services; and the changing environment for telecommunications interceptions.

The key measure for all recommendations of the review, and this legislation for that matter, is finding the right balance between individual privacy rights and the public interest in effective law enforcement. Interception of communications is a sensitive issue. I acknowledge and understand the level of concern there is that somewhere out there `big brother is watching'. In the computer age, where data is easily stored and built upon, we all know of cases where responding to one survey can mean that our personal details are sold on to other companies.

I want to stress that this legislation is not about private companies or government agencies having access to anyone's private conversations; it is not about giving wholesale powers to intercept our phone calls or other communications. This bill relates specifically to law enforcement bodies and the Australian Security Intelligence Organisation. It is about setting in place appropriate procedures for these bodies to carry out their work within the new telecommunications framework. The safeguards that are embodied in the interception act are not in any way undermined by these amendments. The existing strict controls are retained and, in some cases, strengthened.

I think it is instructive to look at why this legislation is necessary. For example, this bill introduces two new forms of warrant, one of which is the `named persons warrant'. In effect, this warrant will enable a law enforcement agency to intercept any service used or likely to be used by the suspect named in the warrant. This means that the law agency can intercept different services as they become known to them and disconnect and reconnect them without having to apply for a fresh warrant every time.

This makes sense, especially when you consider that we have such a wide range of services and means of communication since deregulation of the telecommunications industry. It is now a very simple matter for a person to subscribe to multiple telephone numbers by purchasing several different prepaid services that can be accessed from the one handset. Currently, there are 34 different licensed carriers operating in Australia. As the Attorney-General pointed out in his press release on this issue last month, criminals often use several telephone numbers to conduct their illicit activities. This bill changes the warrant regime to make it more difficult to evade detection. Nowhere is this more crucial than in the area of drug trafficking.

I should point out that the law enforcement agencies still have to go through the same procedures to obtain a warrant. As such, this bill does not present undue privacy concerns. It simply gets rid of a costly administrative system which criminals could shelter behind. This bill also makes special provision to allow the Inspector of the Police Integrity Commission of New South Wales to have access to intercepted material that is relevant to the performance of his duties. The inspector is an independent statutory office set up to monitor the operation of the Police Integrity Commission of New South Wales and deal with any complaints against it. It is an important part of the New South Wales anticorruption scheme. We all know that a police force free of corruption is crucial to effective law enforcement.

I would like to take this opportunity to congratulate and thank the many hardworking police officers who help make the southern Gold Coast, where I come from, a safer place to live. I often think that as a community we do not do enough to acknowledge what a tough job policing is and to thank the men and women who serve our community in this way. All too often, the media focus on the very few instances where corruption is found to exist but forget to remind that public that 99.9 per cent of the force are honourable, hardworking people who are committed to protecting public safety. I would like to acknowledge in this House the great job that local police do on the Gold Coast. When we talk about getting tough on drugs, these people are the foot soldiers. They are the ones who have to deal with the many social problems caused by drug use day in and day out. As I said at the outset, the Howard government does not shirk from its responsibility of helping make Australia a safer place to live. We know that law enforcement is one part of that solution.

Another part is addressing some of the social problems we face by creating a more cohesive society where individual effort is rewarded and the values we share can help bind communities together, by helping our younger Australians to see the benefit of honesty, hard work and giving something back to the communities in which they live, and by giving young people hope for the future through a strong economy where more jobs are available and people are encouraged to succeed. These are not just ideals. They are the basis on which the government formulates policy. They are being achieved through a number of practical and commonsense programs. Making Australia a safer place to live has to be an ongoing and long-term plan. With this bill, the government is making sure that law enforcement agencies are able to more effectively and efficiently do their job of catching the criminals who prey upon our youth. I am pleased to lend my support to this bill.