Senator ELLISON (Minister for Justice and Customs) (6:26 PM) —I think the term `false or misleading' is not a strange term to the law. The question of judgment is perhaps not the best way to determine it. It is a question of fact if something is misleading or false. Section 243U, on false or misleading statements, is part of the core of the requirement to have accurate information for Customs to operate by. If Customs does not have that and it cannot police it, it is all very well to say it is an offence because, when you prosecute, you have to show elements of the offence, which makes it impractical to prosecute. That is why you have strict liability in these circumstances.

The government have conceded that the Democrats have made a good point in relation to some of the offences that we propose should carry strict liability—we have acceded to that—but false or misleading statements is really at the core of the issue. I am not going to go over what I have said before, because it is abundantly clear that Customs can only make its assessments as to risk on the statements provided to it. These statements are provided by Customs brokers and by freight forwarders—people who are experienced in this sort of thing. What they want is not to have to hold up cargo and not to have to hold up the importation and exportation processes by having to go into everything that is said and done. We want to be able to take what is on the form as being correct at face value. There is a regime that says that, if you do not, you will be penalised. It is quite appropriate that that be done. If we do not have a smooth operation in the facilitation of this, you will get the benefit which is intended by this taken away completely and the importers and exporters will be the first to complain, because that is why they are supporting this very legislation. So we are giving them this facility, but we are saying that with it goes some responsibilities.

Senator ELLISON —There is no misleading at all, Senator Bolkus. I do not think your comments are adding much to the debate at all.