Mrs DRAPER (3:19 PM) —My question is addressed to the Minister for Immigration and Multicultural Affairs, Reconciliation and Aboriginal and Torres Strait Islander Affairs. Would the minister inform the House of the government's measures to discourage the use of people smugglers to bypass Australia's orderly refugee and humanitarian program? Minister, will Australia stand by its international obligations in relation to providing protection from persecution?

Mr RUDDOCK (Minister for Immigration and Multicultural Affairs and Minister for Reconciliation and Aboriginal and Torres Strait Islander Affairs) —I thank the honourable member for Makin for that question, because it does enable me to expand on issues that I have been commenting on elsewhere in the course of the last few weeks. The government has been most active in relation to the range of measures that ought to be pursued to discourage people-smuggling. These have included working with other members of the international community to minimise outflows from countries of origin, and we are working with other countries to disrupt people-smuggling operations and to intercept the clients of people smugglers en route to their destinations.

Last week I circulated a paper which is a comprehensive statement on all of the initiatives that we have undertaken. I will table that paper, because it would take a considerable amount of time to canvass all of the issues in it. To give honourable members an idea, it deals with prevention strategy; targeted aid funding; information campaigns; technical cooperation, capacity building and information exchange with other governments; and international cooperation to enhance the integrity of the global protection system. In the area of disruption, it deals with Australia's resources that we have placed overseas, particularly in relation to compliance and liaison officers; technical cooperation and capacity building that have been undertaken in countries which people transit; intelligence gathering and exchange; and regional cooperation aimed at interception of irregular movements. Of course, it includes the reception arrangements that we have in operation here in Australia, including detention arrangements and processing, legislative measures we have taken, and negotiations on return. I table that paper for the information of honourable members.

The further measures that we are undertaking are to ensure that people who are being trafficked do not get better outcomes if they come to Australia than if they are processed, as they can be, through the auspices of the United Nations High Commissioner for Refugees. The measures that we will be implementing include the excision of Christmas Island, Ashmore Reef, the Cartier Islands and the Cocos (Keeling) Islands from the migration zone for the purpose of the acceptance of unauthorised arrivals.

Mr SPEAKER —Member for the Northern Territory!

Mr RUDDOCK —The effect of that will be to exclude them. It will not impact adversely upon the citizens of Cocos or the citizens of Christmas Island.

Mr SPEAKER —Member for the Northern Territory!

Mr RUDDOCK —I make that point very clearly.

Mr SPEAKER —The member for the Northern Territory chooses to defy the chair.

Mr RUDDOCK —The stricter visa regime that will also be included in the bill, that deals with the other measures that we will be implementing, ensures that those people from countries of first asylum, who are processed in an orderly way, will get permanent protection. Those who are processed from places like Indonesia will receive a temporary protection visa, with access at a later point in time to permanent entry. Those who are processed from Christmas Island or from Nauru will only ever—unless the minister lifts the bar—be eligible for a temporary protection permit. The point we are making is that, if people want to get outcomes where their protection claims are properly recognised, they should do it in the country of first asylum or they should do it in Indonesia. They should certainly not seek to do it in one of Australia's external territories.

We are also going to increase the consequences of people being involved in smuggling activities. Even though we increased the penalties for being involved in smuggling five or more individuals to a maximum of 20 years penal servitude, for first offenders the courts have generally imposed penalties of only two years, and with remissions that has been less than one year. With the earnings that people can make while they are in jail, and with the medical attention and dental treatment that they receive there, people often go back in a considerably advanced position. That has been of concern to us. We will be legislating to provide for adult people smugglers minimum sentences of five years, with a non-parole period of three years, and eight years for those who have committed a second offence, with a non-parole period of five years.

These measures are consistent with our international obligations. These measures have been looked at very carefully in terms of our work with the United Nations High Commissioner for Refugees. We are not walking away from ensuring that people who need protection get it. We are ensuring that those people do not get a better outcome, if they are smuggled into Australia, than they would get in dealing with the organisation best equipped to deal with their claims. Nobody should oppose measures that will effectively address people smuggling. If further measures are required to deal with it, I would hope that we continue to get ongoing cooperation.