Mr RUDDOCK (Minister for Immigration and Multicultural Affairs and Minister for Reconciliation and Aboriginal and Torres Strait Islander Affairs) (5:20 PM) —I move:

This bill is the third in a package of three bills designed to ensure that Australia has control over who crosses our maritime borders.

The purpose of this bill is to enhance our border protection powers and to confirm that recent actions taken in relation to vessels carrying unauthorised arrivals to Australian waters are valid.

Those who enter our territorial waters contrary to an express direction from the government should not be rewarded by being allowed to stay in our waters or, even worse, by having the opportunity to enter our land territory.

This legislation will ensure that there is no doubt about the validity of our border control powers and the government's actions in relation to vessels such as the MV Tampa.

The protection of our sovereignty, including Australia's sovereign right to determine who shall enter Australia, is a matter for the Australian government and this parliament.

Consequently, sections 4, 5 and 6 ensure that actions taken in relation to the MV Tampa since 27 August this year are taken for all purposes to have been lawful when they occurred.

This also extends to actions taken in relation to the `Aceng', a boat from Indonesia which later attempted to enter Australian waters near Ashmore Reef.

The bill will also enhance the border protection powers found in the Customs Act and the Migration Act, including the provision of powers to move vessels carrying unauthorised arrivals and those on board.

It is essential to have these powers.

They will be exercised in line with our international maritime obligations to ensure the safety of those concerned.

The maintenance of Australia's sovereignty includes our sovereign right to determine who will enter and reside in Australia.

The provisions in this bill are overwhelmingly in Australia's national interest.

In fact, one of the great enduring responsibilities of a government is to protect the integrity of the nation's borders.

Finally, the bill provides mandatory sentencing arrangements for people convicted of people-smuggling offences under the Migration Act.

These offences apply where five or more people are smuggled and carry a maximum sentence of 20 years imprisonment.

The changes will provide that repeat offenders should be sentenced to at least eight years imprisonment, whilst first offenders should be sentenced to at least five years.

The mandatory sentencing arrangements will not, however, apply to minors.

I commend this bill to the chamber. Let me say that the bill embodies, where appropriate, all of the provisions included in the former bill dealing with border protection, a bill that failed to pass in another place.

This bill includes new provisions because of the situation that has followed since then. It is a bill that ought to be supported. It is clearly in the national interest. Along with the other package of measures, I hope that this bill will be afforded prompt and speedy passage through this chamber and the other, so that there can be no ambiguity about where we stand on these issues.

While I am addressing these questions, let me say that there are three other bills—Migration Legislation Amendment Bill (No. 6) 2001, the bills dealing with judicial review in relation to migration matters generally and the class actions legislation—which all ought to be passed during these sitting weeks, if we are serious about dealing with these issues. I table the explanatory memorandum.

Debate (on motion by Dr Martin) adjourned.