Crime and Cross-Border Operations: Strengthening Australia’s Borders

Organised crime groups often take advantage of state borders to carry out illegal activities, making things more difficult for law enforcement. To tackle this, Queensland is attempting to meeting this head-on by ex-Qld Police Union President Ian Leavers as Queensland’s first-ever Cross-Border Commissioner.

This role was established to address the unique challenges faced by communities along Queensland’s borders, particularly concerning cross-border crime. This includes the borders of New South Wales and Northern Territory.

Types of Cross-Border Offences

Cross-border offences encompass a range of illegal activities that transcend state or national boundaries. Common examples include:

• Drug Trafficking: The transportation and distribution of illicit substances across borders. For instance, in 2023, Queensland Police intercepted 1.8 tonnes of illicit drugs, including significant seizures of cocaine and heroin, highlighting the scale of cross-border drug trafficking operations.
• Firearms Trafficking: The illegal movement of firearms between jurisdictions. The Criminal Code Amendment (Firearms Trafficking) Bill 2022 addresses such offences, introducing increased penalties and mandatory minimum sentences for cross-border firearms trafficking.
• Money Laundering: The process of concealing the origins of illegally obtained money, often involving cross-border financial transactions. Australia’s Anti-Money Laundering and Counter-Terrorism Financing Act 2006 outlines offences and penalties related to money laundering activities.

Relevant Legislation and Penalties

Australia has enacted comprehensive legislation to combat cross-border crimes, with stringent penalties to deter such activities:

• Drug Trafficking: Under the Criminal Code Act 1995 (Cth), trafficking controlled drugs across state or national borders carries severe penalties. For example, Section 302.2 prescribes a maximum penalty of life imprisonment for trafficking commercial quantities of controlled drugs.
• Firearms Trafficking: The Criminal Code Amendment (Firearms Trafficking) Bill 2022 amends the Criminal Code Act 1995 to double existing maximum penalties for firearms trafficking offences and introduce mandatory minimum sentences of five years’ imprisonment for international firearms trafficking.
• Money Laundering: The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 imposes penalties for money laundering offences, with maximum penalties reaching up to 25 years’ imprisonment, depending on the severity of the offence.

Jurisdictional Considerations: Queensland and New South Wales

When an offence is committed across state borders, determining the appropriate jurisdiction for prosecution depends on several factors:

Location of the Offence

Generally, the state where the offence occurred has jurisdiction. If a crime is committed in NSW, NSW authorities typically prosecute the offender and same for Qld.

Cross-Border Offences

For crimes involving actions in multiple states, both jurisdictions may have the authority to prosecute. Cooperation between state law enforcement agencies is crucial in such cases to determine the most appropriate jurisdiction.

Federal Offences

Certain cross-border crimes, such as drug trafficking or money laundering, may fall under federal jurisdiction, allowing the Commonwealth Director of Public Prosecutions to prosecute the offence, regardless of the state in which it occurred.

Also the fact that you are wanted in one state and flee to another state will not prevent the issue of warrants from occurring. The Service and Execution of Process Act 1992 (Cth) facilitates the service of legal processes and enforcement of warrants across state boundaries, ensuring that offenders cannot evade prosecution by crossing state lines.

Understanding the legal frameworks, associated penalties, and jurisdictional nuances is essential for both law enforcement agencies and individuals to navigate the challenges posed by cross-border criminal activities.

At Potts Lawyers, our experienced team is well-equipped to help clients navigate these complex consent laws with clarity and confidence. With expertise in Criminal Law, our lawyers provide clients with the guidance and representation needed to understand their rights and responsibilities under the law.