Undercover police powers extended to fight organised crime

Fighting crime at the national level received a major boost tonight with the passage of Measures to Combat Serious and Organised Crime Bill 2001 through the Senate, the Minister for Justice and Customs, Senator Chris Ellison, said.

Senator Ellison said the new 'tough on crime' powers would boost the ability of Commonwealth law enforcement agencies, including the Australian Federal Police, to undertake strategic undercover operations.

"The new provisions will give our hard working Commonwealth crime fighters the tools needed to combat increasingly sophisticated organised criminal networks," Senator Ellison said.

Key provisions in the Bill include:

• extending the scope and duration of controlled operations from 30 days to 6 months, subject to reauthorisation after three months by the Administrative Appeals Tribunal,
• giving law enforcement officers immunity from civil and criminal liability for actions undertaken in the course of an undercover operation,
• amendments to the Customs Act to indemnify Customs officers to undertake controlled deliveries,
• allowing the use of assumed identities by Commonwealth intelligence and law enforcement agencies as part of undercover operations (it will be an offence to misuse an assumed identity),
• permitting the attachment of a listening device to a package or item where it is not possible to identify the offender, and
• updating the financial reporting legislation to include "underground bankers".

Senator Ellison said existing legislation had contained a number of limitations that failed to recognise modern developments in the methods of organised crime syndicates. For example, undercover operations are currently limited to drug-related crimes only.

"The new provisions recognise that organised crime gangs engage in a wide range of criminal activities, including drug trafficking, money laundering, fraud and people smuggling, and that successful investigations into organised crime could take some months."

Senator Ellison said constructive negotiations with opposition parties in the Senate had enabled the Bill to pass with minimal amendment.

"While recognising the practical needs of law enforcement authorities, a number of checks and balances have been included in the Bill including an audit of controlled operations by the Commonwealth Ombudsman and a report to Parliament on the use of assumed identities in undercover operations."

The Measures to Combat Serious and Organised Crime Bill 2001 amends a number of Commonwealth Acts including the Crimes Act 1914, the Financial Transactions Reports Act 1988, the Australian Federal Police Act 1979 and the Customs Act 1901.

The Bill is scheduled to be debated in the House of Representatives in the next sitting week.

Media contact: Nicole Johnston, Media Release (02) 6277 7260 or 0419 217 918.