John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I really do appreciate the opportunity to speak on the third reading of this important bill. I certainly thank Senator Scullion for his comments, and I will come to the specific issue that he raises in a moment. Let me, however, on the third reading of this bill, remind the Senate that Australia’s aviation security regulatory framework consists of a number of layers to ensure that Australia’s aviation industry is safeguarded and is able to respond quickly against threats of unlawful interference with aviation.

This bill makes amendments which will enhance one of these layers: namely, the operation of the Air Security Officer Program. This program involves the placement of covert armed security officers on select domestic and international flights to protect the flight deck. The bill amends the regulation-making power under the Aviation Transport Security Act 2004 to enable regulations to be made which will operate extraterritorially. This will allow regulations to be made permitting on-duty air security officers to lawfully discharge their firearms on board an aircraft in Australian territory or an Australian aircraft in foreign territory if it is for the purpose of preventing or responding to an act of unlawful interference with aviation. The amendments are in response to concerns that the current exemptions issued under safety legislation which allow air security officers to discharge firearms on board an aircraft are inconsistent with the purpose of safety legislation as the exemptions imply that it is safe to discharge a firearm on board an aircraft. This bill will provide a more appropriate and permanent basis to deal with the lawful discharge of firearms by air security officers under the aviation security legislative framework.

I have certainly heard the contribution that has been made by Senator Scullion and respectfully point out to him that the issue that he has raised is not one for the minister sponsoring this bill, the Minister for Infrastructure, Transport, Regional Development and Local Government, but is one that falls, I am advised, within the responsibility of the Attorney-General. That is certainly the advice that I have received in relation to the issue that Senator Scullion has raised.

I will undertake publicly, during this third reading debate, to draw that issue to the attention of the appropriate minister who, as I said, I am advised is the Attorney-General, and ask him to perhaps respond to Senator Scullion in another way. I do not think it would be appropriate for me to deal with it, given that there is a different sponsoring minister for this bill. I will certainly give the commitment that I will draw your comments to the attention of the Attorney-General and ask him to address those concerns directly with you.

In conclusion, I assure the Senate and Senator Scullion that the government will continue to monitor the effectiveness of measures within the aviation security framework to ensure that it remains responsive to changing threats to Australian aviation.

Question agreed to.

Bill read a third time.