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representatives vote 2020-10-07#1
Edited by
mackay staff
on
2020-10-23 12:20:53
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Title
Bills — Transport Security Amendment (Serious Crime) Bill 2019; Consideration in Detail- Transport Security Amendment (Serious Crime) Bill 2019 - Consideration in Detail
Description
<p class="speaker">Catherine King</p><p>by leave—I move opposition amendments (1) to (8) together:</p><p class="italic">(1) Schedule 1, page 3 (after line 10), after item 2, insert:</p>- The majority voted in favour of *disagreeing* with [amendments](https://www.openaustralia.org.au/debates/?id=2020-10-07.130.1) introduced by MP for Ballarat [Catherine King](https://theyvoteforyou.org.au/people/representatives/ballarat/catherine_king) (Labor), which means they failed
- The question is that the amendments be disagreed to.
- MP King [explained the amendments](https://www.openaustralia.org.au/debates/?id=2020-10-07.130.1):
- > *...this bill fails to define 'serious crime' and instead relies on delegated legislation with minimal parliamentary oversight. Labor welcomes the government's indication that they plan to include in the regulations a tiered scheme of crimes in an attempt to get the balance right between protecting our national security and not wrongly excluding a worker from their work. Without having seen those regulations, it is very difficult to determine whether they do in fact do what we think they should do. Labor has repeatedly asked the government to define 'serious crime' and to introduce a definition into the legislation, but the government has consistently said that it won't do that.*
- ### What does the bill do?
- The bill was [introduced in order to](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6440):
- * *prevent the use of aviation and maritime transport or offshore facilities in connection with serious crime;*
- * *establish a regulatory framework to implement harmonised eligibility criteria for the aviation security identification card (ASIC) and maritime security identification card (MSIC) schemes;*
- * *clarify and align the legislative basis for undertaking security checking of ASIC and MSIC applicants and holders;*
- * *provide for regulations to prescribe penalties for offences; and*
- * *insert an additional severability provision to provide guidance to a court as to Parliament’s intention.*
- Read more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd064).
<p class="italic">2A Section 9</p><p class="italic">Insert:</p><p class="italic"><i>serious crime</i> has the meaning given by section 38AC.</p><p class="italic">(2) Schedule 1, item 4, page 4 (after line 17), at the end of Division 4A, add:</p><p class="italic">38AC Definition of <i>serious crime</i></p><p class="italic">(1) For the purposes of this Division, <i>serious crime</i> means conduct that if engaged in within, or in connection with, Australia, would constitute an offence prescribed by the regulations.</p><p class="italic">(2) Regulations made for the purposes of the definition of <i>serious crime</i> must not prescribe an offence unless the offence is an offence against a law of the Commonwealth, a State or a Territory punishable by imprisonment for a period of 3 years or more.</p><p class="italic">(3) Schedule 1, page 4 (after line 17), after item 4, insert:</p><p class="italic">Division 4B—Renewal of security passes</p><p class="italic">38AD Renewal of security passes for access to certain areas and zones</p><p class="italic">(1) If the regulations provide for a process to issue a security pass (an <i>ASIC</i>) to a person for the purposes of accessing certain areas and zones (whether the security pass is known as an aviation security identification card or otherwise), the regulations must comply with the requirements in subsections (2) and (3).</p><p class="italic">(2) The regulations must provide that a person who has been issued an ASIC may apply for the renewal of the person's ASIC before it expires.</p><p class="italic">(3) The regulations, in providing for the renewal of an ASIC, must provide:</p><p class="italic">(a) that a decision to renew or refuse to renew an ASIC must be made within 60 days of the decision maker receiving the application for renewal; and</p><p class="italic">(b) that if the decision maker does not make a decision to renew or refuse to renew within 60 days of receiving the application, then the decision maker is taken to have renewed the ASIC at the end of that period.</p><p class="italic">(4) Schedule 1, page 4 (after line 20), after item 5, insert:</p><p class="italic">5A At the end of subsection 126(2)</p><p class="italic">Add:</p><p class="italic">Note: For a person's notification and review rights in relation to an adverse or qualified security assessment, see section 38 and Division 4 of Part IV of the <i>Australian Security Intelligence Organisation Act 1979</i>.</p><p class="italic">5B After section 126</p><p class="italic">Insert:</p><p class="italic">126A Review of decisions relating to security checking under the regulations</p><p class="italic">(1) This section applies if regulations are made, for the purposes of any of the following sections, dealing with the security checking (including background checking) of persons who have access to an area or zone:</p><p class="italic">(a) section 35 (requirements for airside areas);</p><p class="italic">(b) section 36 (requirements for airside security zones);</p><p class="italic">(c) section 36A (requirements for airside event zones);</p><p class="italic">(d) section 37 (requirements for landside areas);</p><p class="italic">(e) section 38 (requirements for landside security zones);</p><p class="italic">(f) section 38A (requirements for landside event zones);</p><p class="italic">(g) section 38AB (requirements relating to access to areas and zones).</p><p class="italic">(2) The regulations must include provisions allowing a person in relation to whom a security check is carried out to seek:</p><p class="italic">(a) reconsideration by the relevant Secretary of a decision in relation to a security identification card; and</p><p class="italic">(b) review by the relevant Secretary of a decision in relation to a security identification card; and</p><p class="italic">(c) review by the Administrative Appeals Tribunal of a decision by the relevant Secretary on review of a decision in relation to a security identification card.</p><p class="italic">(3) To avoid doubt, nothing in this section permits:</p><p class="italic">(a) the relevant Secretary to review an adverse security assessment or a qualified security assessment; or</p><p class="italic">(b) the Administrative Appeals Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the <i>Australian Security Intelligence Organisation Act 1979</i> and the <i>Administrative Appeals Tribunal Act 1975</i>.</p><p class="italic">(4) In this section:</p><p class="italic"><i>adverse security assessment</i> has the same meanings as in the <i>Australian Security Intelligence Organisation Act 1979</i>.</p><p class="italic"><i>qualified security assessment</i> has the same meanings as in the <i>Australian Security Intelligence Organisation Act 1979</i>.</p><p class="italic"><i>relevant Secretary</i> means:</p><p class="italic">(a) the Secretary of the Department; or</p><p class="italic">(b) the Secretary who is responsible for administering the scheme prescribed for the purposes of section 8 of the <i>AusCheck Act 2007</i>.</p><p class="italic">126B Regulations may provide for review or reconsideration of additional matters</p><p class="italic">To avoid doubt, the regulations may provide for the review or reconsideration of matters not provided for in this Part.</p><p class="italic">(5) Schedule 1, page 4 (after line 31), after item 7, insert:</p><p class="italic">7A Section 10</p><p class="italic">Insert:</p><p class="italic"><i>serious crime</i> has the meaning given by section 113G.</p><p class="italic">(6) Schedule 1, item 17, page 7 (after line 12), at the end of Division 6, add:</p><p class="italic">113G Definition of <i>serious crime</i></p><p class="italic">(1) For the purposes of this Division, <i>serious crime</i> means conduct that if engaged in within, or in connection with, Australia, would constitute an offence prescribed by the regulations.</p><p class="italic">(2) Regulations made for the purposes of the definition of <i>serious crime</i> must not prescribe an offence unless the offence is an offence against a law of the Commonwealth, a State or a Territory punishable by imprisonment for a period of 3 years or more.</p><p class="italic">(7) Schedule 1, page 7 (after line 12), after item 17, insert:</p><p class="italic">17A At the end of Part 6</p><p class="italic">Add:</p><p class="italic">113H Renewal of security passes for access to certain zones</p><p class="italic">(1) If the regulations provide for a process to issue a security pass (an <i>MSIC</i>) to a person for the purposes of accessing certain areas and zones (whether the security pass is known as a maritime security identification card or otherwise), the regulations must comply with the requirements in subsections (2) and (3).</p><p class="italic">(2) The regulations must provide that a person who has been issued an MSIC may apply for the renewal of the person's MSIC before it expires.</p><p class="italic">(3) The regulations, in providing for the renewal of an MSIC, must provide:</p><p class="italic">(a) that a decision to renew or refuse to renew a MSIC must be made within 60 days of the decision maker receiving the application for renewal; and</p><p class="italic">(b) that if the decision maker does not make a decision to renew or refuse to renew within 60 days of receiving the application, then the decision maker is taken to have renewed the MSIC at the end of that period.</p><p class="italic">(8) Schedule 1, page 7 (after proposed item 17A), insert:</p><p class="italic">17B At the end of Part 12</p><p class="italic">Add:</p><p class="italic">201A Review of decisions relating to security checking under the regulations</p><p class="italic">(1) This section applies if regulations are made, for the purposes of any of the following sections, dealing with the security checking (including background checking) of persons who have access to a zone:</p><p class="italic">(a) section 105 (requirements for port security zones);</p><p class="italic">(b) section 109 (requirements for ship security zones);</p><p class="italic">(c) section 113 (requirements for on-board security zones);</p><p class="italic">(d) section 113D (requirements for offshore security zones);</p><p class="italic">(e) section 113F (requirements relating to access to zones).</p><p class="italic">(2) The regulations must include provisions allowing a person in relation to whom a security check is carried out to seek:</p><p class="italic">(a) reconsideration by the relevant Secretary of a decision in relation to a security identification card; and</p><p class="italic">(b) review by the relevant Secretary of a decision in relation to a security identification card; and</p><p class="italic">(c) review by the Administrative Appeals Tribunal of a decision by the relevant Secretary on review of a decision in relation to a security identification card.</p><p class="italic">(3) To avoid doubt, nothing in this section permits:</p><p class="italic">(a) the relevant Secretary to review an adverse security assessment or a qualified security assessment; or</p><p class="italic">(b) the Administrative Appeals Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the <i>Australian Security Intelligence Organisation Act 1979</i> and the <i>Administrative Appeals Tribunal Act 1975</i>.</p><p class="italic">(4) In this section:</p><p class="italic"><i>adverse security assessment</i> has the same meanings as in the <i>Australian Security Intelligence Organisation Act 1979</i>.</p><p class="italic"><i>qualified security assessment </i>has the same meanings as in the <i>Australian Security Intelligence Organisation Act 1979</i>.</p><p class="italic"><i>relevant Secretary </i>means:</p><p class="italic">(a) the Secretary of the Department; or</p><p class="italic">(b) the Secretary who is responsible for administering the scheme prescribed for the purposes of section 8 of the <i>AusCheck Act 2007</i>.</p><p class="italic">201B Regulations may provide for review or reconsideration of additional matters</p><p class="italic">To avoid doubt, the regulations may provide for the review or reconsideration of matters not provided for in this Part.</p><p>Protecting our ports and airports is a very serious issue. We do take that matter very seriously. I think that was demonstrated by our actions in government as well. These Labor amendments will make the Transport Security Amendment (Serious Crime) Bill 2019 better, protecting our nation's security at the same time as facilitating Australia's essential workers. It's important that our ports and our workers are still able to operate.</p><p>As Labor senators identified in their report to the Senate, this bill fails to define 'serious crime' and instead relies on delegated legislation with minimal parliamentary oversight. Labor welcomes the government's indication that they plan to include in the regulations a tiered scheme of crimes in an attempt to get the balance right between protecting our national security and not wrongly excluding a worker from their work. Without having seen those regulations, it is very difficult to determine whether they do in fact do what we think they should do. Labor has repeatedly asked the government to define 'serious crime' and to introduce a definition into the legislation, but the government has consistently said that it won't do that.</p><p>While not seeking to prevent the government from introducing their proposed tiered scheme, Labor seeks to amend this legislation to ensure that minor crimes are not included in the regulations by the government. The amendments will define 'serious crime' as a crime that is punishable by imprisonment for a maximum period of at least three years, which is consistent with the definition of 'serious crime' in the citizenship cessation bill currently before the parliament.</p><p>Labor will also amend the legislation to include processing time frames for ASICs and MSICs and a legislated avenue of appeal for the hardworking men and women of our ports and airports who have kept this country going. Every time they apply for an ASIC or MSIC or seek to renew their cards they are constantly worried that they will be rejected or that they will be left waiting for their card to be issued. A quarter of a million Australian workers currently hold an ASIC or MSIC. These Australians deserve a system that treats them with respect and allows them to do their job while also protecting our national security. Too often Australian workers at our ports can't go to work because of long processing delays with their cards.</p><p>This proposed expansion of ASICs and MSICs is symptomatic of a government that has not fully understood or taken responsibility for those long processing delays and the impact that that has on the hardworking men and women at our Australian ports and airports who have done nothing wrong. This is why Labor will amend the legislation to ensure that the obligatory processing time frame of 60 days is strictly adhered to by the government when issuing an ASIC or MSIC.</p><p>Further, Labor will ensure that there is a legislative avenue of appeal for those who have been determined to have an adverse security status. People deserve to know why they cannot get that job. Workers' rights have been consistently undercut by this government, and moving the right to appeal from regulations to legislation is recommended by the respected Senate Scrutiny of Bills Committee and of course is the right thing to do for those hardworking Australian men and women. As I said, these amendments I've moved will improve the bill and, we think, get the balance right between ensuring that we treat the issue of serious crime seriously in this bill and ensure that our ports and airports are secure, and making sure that we are not putting unnecessary impediments in the way of those hardworking men and women at our Australian ports and airports who have kept this country moving. They have done nothing wrong and are subject to delays or, in fact, because there's not a definition of 'serious crime' contained in this bill, are punished in a way that, frankly, is using a sledgehammer to crack a nut on some occasions.</p><p>I commend those amendments to the House.</p> <p class="speaker">Tony Smith</p><p>The question is that the amendments be disagreed to.</p>
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