Ms ROXON (11:55 AM) —I rise to speak on and support the Customs Amendment Bill 2004 and the message from the Senate. This is an important piece of legislation that seeks to enhance sentencing options available to judges in cases where individuals are caught smuggling commercial quantities of dangerous drugs as defined under schedule VI of the Customs Act 1901. For the benefit of members, schedule VI of the act proscribes a list of 130 narcotic substances, each with a specified amount known as a trafficable quantity—that is, a quantity associated with low-level drug dealing. This means that anyone in possession of a trafficable quantity can be charged under provisions that prevent that level of drug dealing. However, as the schedule currently stands, only 21 of these substances specify an amount known as a commercial quantity—that is, a quantity associated with high-level drug dealing. The reason why the other 109 substances did not have commercial quantities specified at the time is simply that, to the best of everyone’s knowledge, they were not being imported in commercial quantities, nor was this foreseen by legislators in introducing the original act.

The intention of differentiating between trafficable and commercial quantities is a good idea, and I am certainly pleased that Labor can contribute to tightening up the provisions regarding the other 109 substances listed in schedule VI. By defining a commercial quantity for these substances, this bill adds a sentencing option for judges that includes life imprisonment. The maximum current penalty available for illegal importation of these substances is 25 years, because that is the maximum penalty for importation of trafficable quantities. By spelling out the commercial quantities as we do in this bill, we allow for judges to impose a more severe sentence for people who seek to import dangerous substances into our country.

Labor are concerned about the importation of illegal drugs into this country and we fully support the excellent work of the Australian Customs Service and the Australian Federal Police in their recent successes against drug importers. The amount of MDMA, also known as ecstasy, that has been detected by Customs has almost doubled over the last two years. That is excellent work, but by no means has this put a stop to the availability of this drug in the community, as recent reports in the media show. From figures from the Parliamentary Library and the Customs Service it is clear that more ecstasy is being imported into Australia. As recently as 1993 there were few seizures of ecstasy at the customs barrier. In 1994, 2.9 kilograms were seized. However, just in the period from January to August 1996, 29.9 kilograms were seized. Astoundingly, in 2003-04 that figure was 873 kilograms, so there has been a frightening increase.

There is also evidence to suggest that Australia could again be the target of drug lords who wish to import heroin. Members may be interested to know that, since the removal of the Taliban in Afghanistan, opium poppies have returned to the fields as an acceptable cash crop for farmers. The effect of more heroin coming onto the market may well make Australia an increased target for heroin imports over the coming few years. Labor will be monitoring this situation closely and will be holding the government to account for any increased availability of this most insidious drug.

Members, there are a number of steps that Labor has taken to satisfy itself that this bill will not have an unjust effect. Firstly, this bill will not be retrospective. Secondly, I have checked the bill and it does not make any attempt to modify or vary the existing commercial quantities specified for 21 schedule VI drugs. Further, and finally, Labor has successfully amended the bill in the Senate to include a 12-month sunset clause that will enable all members and senators to review and scrutinise the effectiveness of these measures before more substantial changes are made.

I remind members of the House that the bill is providing an additional option to judges but is not inserting any mandatory provisions. To that extent, the bill is a stopgap measure, but it is a measure Labor have considered carefully and amended to ensure the safeguard of a sunset clause. We recognise, in light of recent court decisions referred to by the Attorney in his second reading speech, that there is a valid reason for this measure. In short, this bill will have the effect of making additional penalties available to the courts in the very serious area of illicit drug importation in commercial quantities. That is a worthy goal. Labor are happy to support that goal and therefore commend the bill to the House.

The DEPUTY SPEAKER (Hon. A.M. Somlyay)—The question is that this bill be read a second time. All those of that opinion say aye—

Mr Ruddock —I am happy to have the bill read a second time, but I thought the member for Stirling was going to speak.

The DEPUTY SPEAKER —He has to rise first.