CRIMINAL ASSETS CONFISCATION (PRESCRIBED DRUG OFFENDERS)

AMENDMENT BILL
Second Reading
Ms COOK ( Fisher ) ( 16:20 :42 ): I am very pleased to be speaking on this government's bill
today. I am aware that this bill has come before the house a number of times prior to my election
to this place, so I will try to keep my comments brief.
This bill is an incredibly important piece of legislation which tries to cripple the business dealings of
those who choose to engage in drug trafficking. According to the latest National Drugs Strategy
Household Survey report, close to 10 per cent of Australians have been victims of an illicit drugrelated incident. The report also found that there was an increase of about 30 per cent in the
number of people who were victims of a physical assault due to illicit drug use.
I am proud to be a member of a government that has always prioritised community safety and has
made this central to our justice system. I know that this government first presented this plan to
the community at the 2010 election campaign and the government has consistently tried to tell
members of the opposition and members in the other place that the community needs this bill as a
way of providing further protection from those who would do so much harm to our society. I know
about this only too well.
This bill aims to attack the very worst drug offenders in our communitythose who engage in the
very worst kinds of drug dealing and trafficking. We are not talking about people who are running
a small operation out of their backyard in order to fund their own habits or who, with a bit of
support, can actually change their behaviours. We are talking about the very worst traffickers and
dealersthose who commit extremely serious offences and then refuse the opportunities to
rehabilitate themselves. By 'extremely serious offences', we are talking about those outlined in the
Controlled Substances Act as comprising trafficking, manufacture for sale, selling or possession
with an intent to sell a large commercial quantity or a commercial quantity of controlled
substances or controlled plants, and the cultivation of a large commercial quantity or a commercial
quantity of controlled plants.
What we understand from people who completely refuse opportunities to rehabilitate themselves is
that a prison sentence is not a deterrent to change their behaviour. These offenders have had one
opportunity, then a second and, finally, on their third chance, have still refused to change their
behaviour. At this point, it is time to remove something they see as important and something they
actually care about, that is, their accumulated wealthwealth gained, in the main, from the pain,
misery and suffering of others in our community.
Currently, the government can seize assets which have been accumulated through criminal
activities, so why do we need to expand this power for the most heinous drug offenders? These
people are selfish, greedy and purely driven by material gain. They are so driven by this goal that
they put money above their freedom. They use money to allow them to blind themselves to the
damage they create within our community. These people are experienced money launderers and
experts at hiding their ill-gotten gains by making them appear as though they were legally sought.
We know this is not true, the community knows this is not true and the Director of Public
Prosecutions knows that this is not true. These assets have been gained illegally.
It is important for members to note that the proceeds of confiscation will be put to good use. It is
proposed that funds raised by the application of this initiative be devoted to a new fund to be
called a Justice Resources Fund. This fund will be devoted to the provision of moneys for courts'
infrastructure, equipment and services. The fund will support justice programs, facilities for dealing
with drug and alcohol-related crime and for the provision of justice reform initiatives.
Disbursements will not overlap with those made from, or eligible for moneys from, the existing
Victims of Crime Fund for the best justice outcomes for those who have committed crimes but can
be rehabilitated. There will be more funding available to fund our justice system under this bill.
Less tax moneys of law-abiding citizens will need to be spent on funding our criminal justice
system. Instead, it will get money from those who are costing our justice system so much.

Legislation like this is not new within Australia. Currently there is similar legislation operating
within Western Australia and the Northern Territory. The legislation proposed here is a softer
version of what is currently in place in Western Australia. In Western Australia the assets of serious
drug offenders can then be seized, truly attacking the issue at its roots. However, nothing is left for
the serious drug offenders, not even their basic household goods. The South Australian bill
incorporates measures to ensure that basic needs are still met for the individuals whose assets are
taken.
This legislation also does not seek to further disadvantage the families of serious drug offenders or
the offenders themselves to a point where they lose all assets. It aims to take away any benefit in
engaging in criminal behaviour, yet still allow the offender to retain their basic household property,
so their families are able to continue working and living with basic assets.
There is an opportunity for offenders who willingly cooperate with the police to help us unravel
criminal organisations or larger criminal conspiracies. If offenders work with the police, there is an
opportunity for them not to be pursued under these proposed laws. This provides a clear incentive
for those caught engaging in serious crimes to work with the police to protect their own assets by
helping us put more drug dealers and drug traffickers behind bars, making our community a safer
place. This would also translate to a reduction in time and money spent on prosecutions.
I am aware that other members have raised concerns about the constitutional validity of these
laws in the past. I am also aware that similar laws in the Northern Territory were brought before
the High Court and their constitutional validity was upheld. Since this test has been put to the High
Court, I sincerely hope that members coming to this debate do not try to hide behind any
constitutional validity argument or use it to mislead members of our community.
I am very proud to be a member of a government which is using every tool at its disposal to fight
those who hold no remorse for the heinous crimes that they commit against our community. It is
time for us to enact real powers to be able to effectively punish those who are doing so much
harm to our community and to try to bring about a safer one. For those who are concerned about
the impact on those who are punished under the proposed laws, there is one simple solution: do
not deliberately engage in serious drug crimes. I commend the bill to the house.