Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Assistant Minister for Immigration) Share this | Link to this | Hansard source

I present the supplementary explanatory memorandum of the bill, and I ask leave of the House to move government amendments (1) to (9) together.

Leave is granted.

I move government amendments (1) to (9) as circulated together:

SHEET AP102

(1) Schedule 1, item 5, page 8 (line 20), omit the penalty, substitute:

Penalty: 300 penalty units.

(2) Schedule 1, item 5, page 9 (line 1), omit the penalty, substitute:

Penalty: 300 penalty units.

(3) Schedule 1, item 7, page 9 (line 28), omit the penalty, substitute:

Penalty: 300 penalty units.

(4) Schedule 1, item 7, page 10 (line 9), omit the penalty, substitute:

Penalty: 300 penalty units.

(5) Schedule 1, item 28, page 20 (after line 11), at the end of subsection 171(5), add:

Penalty: 200 penalty units.

(6) Schedule 1, item 59, page 35 (lines 17 and 18), omit "200 penalty units", substitute "300 penalty units".

(7) Schedule 3, page 85 (after line 8), after item 25, insert:

25A After section 69

Insert:

69A Notification of special security directions

(1) The Secretary must, as soon as reasonably practicable after giving a special security direction, notify the Minister, in writing, of:

(a) the giving of the direction; and

(b) the terms of the direction.

(2) Failure to comply with this section does not affect the validity of the direction.

(8) Schedule 3, page 86 (after line 11), after item 29, insert:

29A Before section 37

Insert:

36B Notification of security directions

(1) The Secretary must, as soon as reasonably practicable after giving a security direction, notify the Minister, in writing, of:

(a) the giving of the direction; and

(b) the terms of the direction.

(2) Failure to comply with this section does not affect the validity of the direction.

(9) Schedule 3, page 90 (after line 30), at the end of the Schedule, add:

Part 7 — Increased penalties

Aviation Transport Security Act 2004

39 Subsections 13(1) and 14(1) (penalty)

Omit "200 penalty units", substitute "300 penalty units".

40 Paragraphs 35(3)(a), 36(3)(a), 36A(3)(a), 37(3)(a), 38(3)(a) and 38A(3)(a)

Repeal the paragraphs, substitute:

(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

41 Paragraph 38AB(3)(a)

Omit "200 penalty units", substitute "250 penalty units".

42 Subsection 38B(1)

Omit "50 penalty units", substitute "250 penalty units".

43 At the end of subsection 38B(1)

Add:

Note: If a body corporate is convicted of an offence against regulations made for the purposes of this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalty stated in this subsection.

44 Paragraph 44(4)(a)

Repeal the paragraph, substitute:

(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

45 Paragraphs 44C(4)(a), 52(3)(a), 60(3)(a), 62(2)(a) and 65(3)(a)

Omit "200 penalty units", substitute "250 penalty units".

46 Subsections 65C(1), 73(1) and 74C(1) (penalty)

Omit "200 penalty units", substitute "300 penalty units".

47 Subsection 74K(3)

Omit "50 penalty units", substitute "250 penalty units".

48 At the end of section 74K

Add:

Note: If a body corporate is convicted of an offence against regulations made for the purposes of this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalty stated in this subsection.

49 Subsections 100(1) and 101(1) (penalty)

Omit "200 penalty units", substitute "300 penalty units".

50 Paragraph 133(2)(b)

Omit "50 penalty units", substitute "250 penalty units".

51 At the end of subsection 133(2)

Add:

Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalty stated in paragraph (b).

52 Subsection 133(3)

Omit "50 penalty units", substitute "250 penalty units".

53 Transitional provision

The amendments of sections 35, 36, 36A, 37, 38, 38A, 38AB, 38B, 44, 44C, 52, 60, 62, 65, 74K and 133 of the Aviation Transport Security Act 2004 made by this this Part do not affect the validity of regulations in force for the purposes of those provisions immediately before the commencement of this item.

The amendments that the government is moving come about as a result of the Parliamentary Joint Committee on Intelligence and Security inquiry into this bill. These amendments pick up six of the recommendations made by that committee following that inquiry. The amendments increased penalties for offences across the transport security legislation, specifically for airport operators and aircraft operators. They also increase penalty offences across the legislation as it expressly applies to screening authorities.

The amendments also amend the regulation-making powers in the Aviation Transport Security Act to expressly allow regulations to prescribe offences and penalties for airport and aircraft operators and increase those maximum penalties. They also amend the general regulation-making powers in relation to sections 38B, 74K and 133 of the Aviation Transport Security Act to increase the maximum penalty that may be prescribed for offences under those provisions from 50 penalty units to 250 penalty units.

Finally, they introduce a requirement for the secretary to notify the Minister for Home Affairs after issuing a special security direction under the Aviation Transport Security Act and the Maritime Transport Security Act as well. This will enhance the existing safeguards and provide an accountability measure for the secretary.

Question agreed to.

Bill, as amended, agreed to.