Minister for Home Affairs
Attorney-General
Tony Abbott’s belated proposal to amend anti-people smuggling laws simply tinkers around the edges of Federal Labor’s strong package of new offences and penalties, which passed the Parliament with his support less than three months ago.
Tony Abbott has said today that he will introduce mandatory sentences for some people smuggling offences.
However, if Mr Abbott read the Migration Act 1958, he would know that mandatory sentences are already in force for the most serious people smuggling offences.
The most serious people smuggling offenders already face up to 20 years in jail and mandatory minimum sentences of up to eight years. This means serious offenders already face automatic jail time.
“Less than three months ago, in the Federal Parliament, the Labor Government toughened the laws to deter people smugglers – with the full support of Tony Abbott,” Brendan O’Connor said.
“At that time, Tony Abbott had the chance to make amendments – but he didn’t. The Coalition fully supported the Government’s tough new laws to stop this callous crime.
“If Tony Abbott was serious about stopping people smuggling and really wanted these few small changes – he might have had that by now, but the truth is, he’s not serious – it’s just another stunt.
“Rather than offer amendments at an effective time, Tony Abbott has waited until his campaign launch to put forward these small additions to Labor’s package of tough people smuggling laws,” Mr O’Connor said.
The Migration Act imposes a suite of people smuggling offences, penalties and mandatory sentences.
The Federal Government’s Anti-People Smuggling and Other Measures Bill 2010 passed the Parliament on 13 May and created new offences to further criminalise activity associated with people smuggling.
The new laws also introduced tougher penalties and extended mandatory minimum penalties.
The laws passed in May this year:
- Created a new offence of people smuggling involving exploitation or danger of death or serious harm with a maximum penalty of twenty years imprisonment and/or a fine of $220,000. This carries a mandatory minimum jail term of 8 years.
- Ensured that where a person is convicted of multiple people smuggling offences, mandatory minimum penalties set out in the Migration Act are applied.
- Created a new offence of providing material support for people smuggling with a maximum penalty of ten years imprisonment and/or a fine of $110,000.
- Enabled the Australian Security Intelligence Organisation (ASIO) to specifically investigate people smuggling and other serious border security threats.
“Instead of campaign stunts, we’ve been taking action to toughen Australia’s anti-people smuggling laws,” Attorney-General Robert McClelland said.
The Prime Minister has previously said that if re-elected, Labor will legislate to increase maximum penalties for situations where a people smuggling venture results in death.
“The Gillard Labor Government will continue to consider further amendments but the heavy lifting to impose mandatory sentences and crack down on people smugglers and those who assist them has already been done by this Government,” Mr McClelland said.
Since September 2008:
- 158 arrests have been made for people smuggling offences
- 55 people have been convicted, and
- 101 prosecutions are now underway in our courts.
“We’ve made effective and swift changes to stamp out people smuggling – not just tinkering around the edges to create a launch day announcement.”
8 AUGUST 2010
COMMUNICATIONS UNIT: Phone: (02) 9384 2220 | Fax: (02) 9264 2213
AUTHORISED N.MARTIN for the ALP, 5/9 Sydney Ave. Barton ACT.
