Division Description Changes — Bills — Transport Security Amendment (Serious or Organised Crime) Bill 2016; Second Reading — 13th Feb 2017

Change	Division
representatives vote 2017-02-13#4 Edited by mackay staff on 2017-04-21 03:50:59	Title Bills — Transport Security Amendment (Serious or Organised Crime) Bill 2016; Second Reading Transport Security Amendment (Serious or Organised Crime) Bill 2016 - Second Reading - Note Government's failures Description ~~<p class="speaker">Darren Chester</p>~~ <p>In summing up, I would like to thank speakers from both sides of the chamber for their contributions to the debate. The Transport Security Amendment (Serious or Organised Crime) Bill 2016 introduces an additional purpose to the <i>Aviation Transport Security Act 2004 </i>and the <i>Maritime Transport and Offshore Facilities Security Act 2003</i> of combating serious or organised crime at Australia's airports and seaports. The aviation security identification card and maritime security identification card schemes are a critical part of securing the aviation, maritime and offshore oil and gas sectors.</p> <p>This bill will prevent the exploitation of aviation and maritime transport or offshore facilities by individuals with links to serious or organised crime. It will ensure that such persons cannot gain access to aviation, maritime and offshore facilities. These amendments will provide for the regulatory framework to support the introduction of new and harmonised eligibility criteria for the ASIC and MSIC schemes that better target serious or organised crime related offences. The revised eligibility criteria will be set out in the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003.</p> The majority voted against a [motion](http://www.openaustralia.org.au/debate/?id=2017-02-13.29.3) introduced by Labor MP [Anthony Albanese](https://theyvoteforyou.org.au/people/representatives/grayndler/anthony_albanese), which means it failed. ### Motion text > That all the words after "That" be omitted with a view to substituting the following words: > "whilst not declining to give the Bill a [second reading](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html), the House: > (1) notes that the Government failed to articulate a policy for the aviation or maritime sectors at the 2016 Federal election; *> (2) notes the Turnbull Government's failed WorkChoices On Water legislation would have** seriously undermined the Australian maritime sector;* *> (3) notes in particular** that the Government has:* >> (a) failed to rule out further laws in coastal shipping that would aid the displacement of Australian crews on the Australian coast with foreign crews doing the same work for reduced wages and conditions; *>> (b) failed to outline its response to the High Court's decision to overturn the Government's attempt to circumvent Parliament's intention** to give priority to Australian jobs in our offshore oil and gas sector;* >> (c) actively worked to facilitate the replacement of Australian maritime crews by foreign crews for permanent work in Australia, by arranging rapid visas, skills recognition and access to ports in cases such as the MV Portland in January 2016; and *>> (d) previously considered relaxing air cabotage arrangement*s that could have the effect of displacing Australian flight and cabin crews with foreign crews on lower wages and conditions while working in Australia; and *> (4) notes that the Government and its expert agencies hav*e repeatedly acknowledged the obvious point that criminal and security vetting of foreign aviation and maritime workers is much harder than for Australian workers; and *> (5) calls on the Federal Government to develop as a matter of urgency aviation and maritime policies, ensuring that such policies prioritise jobs** and skills for Australians while also facilitating more reliable background checks".* <p>In addition, to the amendments already mentioned, the bill will clarify and align the legislative basis for undertaking security checking of ASIC and MSIC applicants and holders. It will allow for regulations to be made prescribing penalties for offences against the new serious or organised crime requirements that are consistent with the existing penalty provisions across the ASIC and MSIC schemes. And it will insert an additional severability provision to provide guidance to a court as to parliament's intention.</p> <p>This bill gives effect to the government's election commitment to strengthen background checking regimes to ensure that individuals with links to serious or organised crime cannot gain access to our airports or seaports. This will in turn keep illegal guns off our streets and keep our communities safe. Previously, people with a serious criminal history were able to obtain a security clearance to work at our airports and seaports. This will no longer be possible with implementation of these legislative amendments.</p> <p>In addition, the bill will also complete a key action identified in the government's December 2015 response to the final report of the National Ice Taskforce, to prevent serious and organised crime by strengthening the ASIC and MSIC schemes. Organised crime, in particular the importation of illegal drugs, is a serious threat to our nation. These changes are a substantial step forward in the fight to disrupt the distribution of these drugs, including ice.</p> <p>This bill was previously introduced in the House of Representatives on 11 February 2016. It passed the House on 16 March 2016, but lapsed at prorogation on 17 April 2016. Following referral to the Senate Rural and Regional Affairs and Transport Legislation Committee in the last parliament, the bill was recommended to progress to the Senate without amendment. The Australian government agrees with this recommendation and thanks the committee for its consideration of this complex issue. The Australian government does not agree with the assertion in the additional comments to the report and does not agree with the recommendations presented by the dissenting report.</p> <p>The revised eligibility criteria, which this bill enables, is the culmination of extensive stakeholder consultation across the aviation and maritime sectors. This consultation concluded that extending the current ASIC and MSIC schemes is more efficient and effective than developing a new and separate scheme to counter serious or organised crime at our airports and ports. The existing ASIC and MSIC schemes are well understood by industry, and introducing a new scheme would likely impose additional costs and lead to confusion and inadvertent noncompliance.</p> <p>The proposed changes will lift the threshold for less serious and lower-level criminal offences. As a result, more applicants are expected to be found initially eligible for an ASIC or MSIC, reducing the impact on their employment and increasing the staff available to employers.</p> <p>This bill not only improves the government's ability to combat transnational and domestic organised crime; it also strengthens the scheme's existing national security assessment and the ability to protect Australia's airports and ports against acts of terrorism. I thank members for supporting the bill to ensure the earliest possible implementation and therefore impact of these vital measures.</p> ~~<p class="speaker">Tony Smith</p>~~ <p>The original question was that this bill be now read a second time. To this the honourable member for Grayndler has moved as an amendment that all words after 'That' be omitted with a view to substituting other words. The question is that the amendment be agreed to.</p>

~~Darren Chester~~
In summing up, I would like to thank speakers from both sides of the chamber for their contributions to the debate. The Transport Security Amendment (Serious or Organised Crime) Bill 2016 introduces an additional purpose to the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003 of combating serious or organised crime at Australia's airports and seaports. The aviation security identification card and maritime security identification card schemes are a critical part of securing the aviation, maritime and offshore oil and gas sectors.
This bill will prevent the exploitation of aviation and maritime transport or offshore facilities by individuals with links to serious or organised crime. It will ensure that such persons cannot gain access to aviation, maritime and offshore facilities. These amendments will provide for the regulatory framework to support the introduction of new and harmonised eligibility criteria for the ASIC and MSIC schemes that better target serious or organised crime related offences. The revised eligibility criteria will be set out in the Aviation Transport Security Regulations 2005 and the Maritime Transport and Offshore Facilities Security Regulations 2003.
The majority voted against a [motion](http://www.openaustralia.org.au/debate/?id=2017-02-13.29.3) introduced by Labor MP [Anthony Albanese](https://theyvoteforyou.org.au/people/representatives/grayndler/anthony_albanese), which means it failed.
### Motion text
> *That all the words after "That" be omitted with a view to substituting the following words:*
> *"whilst not declining to give the Bill a [second reading](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html), the House:*
> *(1) notes that the Government failed to articulate a policy for the aviation or maritime sectors at the 2016 Federal election;*
> *(2) notes the Turnbull Government's failed WorkChoices On Water legislation would have seriously undermined the Australian maritime sector;*
> *(3) notes in particular that the Government has:*
>> *(a) failed to rule out further laws in coastal shipping that would aid the displacement of Australian crews on the Australian coast with foreign crews doing the same work for reduced wages and conditions;*
>> *(b) failed to outline its response to the High Court's decision to overturn the Government's attempt to circumvent Parliament's intention to give priority to Australian jobs in our offshore oil and gas sector;*
>> *(c) actively worked to facilitate the replacement of Australian maritime crews by foreign crews for permanent work in Australia, by arranging rapid visas, skills recognition and access to ports in cases such as the MV Portland in January 2016; and*
>> *(d) previously considered relaxing air cabotage arrangements that could have the effect of displacing Australian flight and cabin crews with foreign crews on lower wages and conditions while working in Australia; and*
> *(4) notes that the Government and its expert agencies have repeatedly acknowledged the obvious point that criminal and security vetting of foreign aviation and maritime workers is much harder than for Australian workers; and*
> *(5) calls on the Federal Government to develop as a matter of urgency aviation and maritime policies, ensuring that such policies prioritise jobs and skills for Australians while also facilitating more reliable background checks".*
In addition, to the amendments already mentioned, the bill will clarify and align the legislative basis for undertaking security checking of ASIC and MSIC applicants and holders. It will allow for regulations to be made prescribing penalties for offences against the new serious or organised crime requirements that are consistent with the existing penalty provisions across the ASIC and MSIC schemes. And it will insert an additional severability provision to provide guidance to a court as to parliament's intention.
This bill gives effect to the government's election commitment to strengthen background checking regimes to ensure that individuals with links to serious or organised crime cannot gain access to our airports or seaports. This will in turn keep illegal guns off our streets and keep our communities safe. Previously, people with a serious criminal history were able to obtain a security clearance to work at our airports and seaports. This will no longer be possible with implementation of these legislative amendments.
In addition, the bill will also complete a key action identified in the government's December 2015 response to the final report of the National Ice Taskforce, to prevent serious and organised crime by strengthening the ASIC and MSIC schemes. Organised crime, in particular the importation of illegal drugs, is a serious threat to our nation. These changes are a substantial step forward in the fight to disrupt the distribution of these drugs, including ice.
This bill was previously introduced in the House of Representatives on 11 February 2016. It passed the House on 16 March 2016, but lapsed at prorogation on 17 April 2016. Following referral to the Senate Rural and Regional Affairs and Transport Legislation Committee in the last parliament, the bill was recommended to progress to the Senate without amendment. The Australian government agrees with this recommendation and thanks the committee for its consideration of this complex issue. The Australian government does not agree with the assertion in the additional comments to the report and does not agree with the recommendations presented by the dissenting report.
The revised eligibility criteria, which this bill enables, is the culmination of extensive stakeholder consultation across the aviation and maritime sectors. This consultation concluded that extending the current ASIC and MSIC schemes is more efficient and effective than developing a new and separate scheme to counter serious or organised crime at our airports and ports. The existing ASIC and MSIC schemes are well understood by industry, and introducing a new scheme would likely impose additional costs and lead to confusion and inadvertent noncompliance.
The proposed changes will lift the threshold for less serious and lower-level criminal offences. As a result, more applicants are expected to be found initially eligible for an ASIC or MSIC, reducing the impact on their employment and increasing the staff available to employers.
This bill not only improves the government's ability to combat transnational and domestic organised crime; it also strengthens the scheme's existing national security assessment and the ability to protect Australia's airports and ports against acts of terrorism. I thank members for supporting the bill to ensure the earliest possible implementation and therefore impact of these vital measures.
~~Tony Smith~~
The original question was that this bill be now read a second time. To this the honourable member for Grayndler has moved as an amendment that all words after 'That' be omitted with a view to substituting other words. The question is that the amendment be agreed to.