Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

in reply—I rise to thank members for their comments on and contributions to the debate on the Aviation Legislation Amendment (2008 Measures No. 1) Bill 2008. Australia’s aviation security regulatory framework has multiple layers of protection to ensure passengers in our aviation industry are safeguarded and it is able to respond quickly to threats of unlawful interference with a plane. This bill makes technical amendments which will enhance the air security officer program. The air security officer program places covert armed security officers on select domestic and international flights to protect the flight deck. Currently air security officers are allowed to discharge firearms on board an aircraft through exemptions granted under safety legislation. The government is concerned that providing ongoing exemptions for officers under safety legislation is inconsistent with the purpose of safety legislation. This is because the exemptions imply that it is safe to discharge a firearm on board an aircraft. To fix this, the bill amends the regulation-making power under the Aviation Transport Security Act 2004.

Currently, section 6 of the act allows offences to be created under the act for all aircraft engaged in Australian international carriage. However, it does not allow regulations that would overcome offence provisions containing other legislation, such as an offence for discharging a firearm as contained in the Crimes (Aviation) Act 1991. The proposed new section 134 creates a regulation-making power sufficient to address this problem within the geographical coverage of the current offence-making power. This will allow regulations to be made permitting on-duty air security officers to lawfully discharge their firearms on board an aircraft in the Australian territory or on an Australian aircraft in foreign territory if it is for the purpose of preventing or responding to an act of unlawful interference with aviation.

This bill will provide an appropriate and permanent basis to deal with the lawful discharge of firearms by air security officers under aviation security legislation. I note that the Board of Airline Representatives of Australia have expressed concern that this amendment extends the powers of the Aviation Transport Security Act into operations that are currently not subject to the act. I can assure the Board of Airline Representatives of Australia that the government does not intend to use aviation security legislation to interfere with the legitimate operations of airlines beyond the minimum necessary to ensure the secure operation of Australian aviation. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Ordered that the bill be reported to the House without amendment.

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