Slade Brockman (WA, Liberal Party) Share this | Hansard source

I too rise to speak on the Transport Security Amendment (Testing and Training) Bill 2019. To set the scene, I think it's very important to reflect on where we have come over the last few years in terms of the national security of our nation and the priority that this government has placed upon the security of all Australians and the security of our borders. The first priority of any government—and, certainly, the absolute first priority of this government—is to keep our community safe from those who seek to do us harm. Since 2014, and before that, the government has strengthened our national defences, particularly against terrorism, with the investment of an additional $2.3 billion to that end. Australia faces national security challenges that continue to evolve, and we only need to look at, particularly, the growth of cyberattacks, both on governments and on businesses right around the world, to know that the national security environment is one that is constantly changing. It's a constant arms race to make sure that Australians have the right tools, the right training and the right preparation to make sure that, with all the various ways that our national security is challenged—and it is challenged—we can continue to maintain that safety for Australia: for Australian individuals and Australian businesses.

We need to keep our legislation under constant review. We need to keep the capabilities of our people on the ground under constant review. We need to make sure that they are always equipped to deal with the myriad challenges that come their way. The Australian government has passed 19 tranches of legislation since 2014, when the National Terrorism Threat Level was raised, covering matters including the detention of high-threat terrorists and strengthening control orders. Our current National Terrorism Threat Level is at 'probable'. Since 2001, 86 people, including seven who were juveniles when charged, have been convicted of terrorism related offences. Fifty of these are currently serving custodial sentences, and 20 more people are currently before the courts for terrorism offences, one of whom was a juvenile when charged. Since September 2014, when the National Terrorism Threat Level was raised, 102 people have been charged as a result of 51 counterterrorism related responses around Australia. As we all know, there have been a number of attacks and a number of counterterrorism disruption operations that disrupted imminent attack planning in Australia.

This commitment to national security also flows through to our commitment to maintaining the security of our airports and aviation. Again, top priority must be to keep Australians safe. The disrupted terrorist attack in Sydney in 2017 demonstrated a level of sophistication not seen before in Australia and reinforced that aviation remains a high-profile target for terrorists. Although we already have strong and comprehensive aviation security, it is essential that we remain ahead of this evolving threat. A range of measures are being implemented to further strengthen security at airports and at mail and air cargo facilities. These measures include new screening technology at major and regional Australian airports, increasing the AFP counterterrorism first-response presence at airports, upgrading inbound cargo and international mail screening technology, strengthening outbound air cargo screening, and improving the training and accreditation of screening staff at airports. To complement these improvements, parliament has passed new laws to give police broader powers to conduct identity checks at major airports and to direct a person to move on from the airport where they pose a criminal, safety or security threat.

All these initiatives together, from the broad national security initiatives to these particular measures targeting transport security, obviously may seem slightly less relevant to people in these times when air travel is highly restricted. But we must always remember that, this COVID pandemic period willing, we will return to flying on a regular basis. We continue to rely very heavily on air transport links, both to get our exports out and to receive vital imports. So we must remember that all the measures that have been taken and measures such as these that continue to be taken are vitally important to the continuing wellbeing of Australians and the Australian economy.

Moving on specifically to this bill, the Transport Security Amendment (Testing and Training) Bill 2019 will amend the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003. It will establish explicit powers for aviation security inspectors to conduct security system testing and will create a legislative basis for requiring screening officers to have completed relevant training prior to performing screening functions at security controlled airports and maritime ports. In particular, the bill will create powers for aviation security inspectors to conduct covert testing of aviation industry participants' aviation security systems to assess compliance with the aviation act in regulated locations such as airports, aircraft and cargo examination facilities. Obviously, in these sorts of situations, testing such as this is vitally important to make sure that the systems are pressure tested to make sure that when there is a real breach or an attempted breach of our security systems the systems have been pressure tested to the utmost extent possible.

The legislation will also clarify that aviation security inspectors are exempt from civil or criminal liability in certain circumstances where they are covertly testing aviation industry participants' security system, including where they are using items that resemble or mimic weapons, such as inert handguns or simulated IEDs, to test these systems. It also allows for a legislative instrument to be made determining training qualifications and other requirements for screening officers relating to the exercise of power of the performance of screening functions and to determine requirements relating to the use of identity cards and uniforms and makes further technical amendments to the aviation act and the maritime act. These measures respond directly to recommendations of the Inspector-General of Transport Security and the International Civil Aviation Organization.

As Senator Stoker very clearly outlined in her capacity as chair of the Senate Legal and Constitutional Affairs Legislation Committee, this bill has been reviewed. It was also looked at by the Scrutiny of Bills Committee. Following that consideration, the government has agreed to adopt some of the committee's recommendations. The amendments are relatively minor. They don't necessarily change the substance of the bill, but they do make some minor improvements to the operations of the bill. They include changing the term 'weapon' to 'test weapon' and inserting a definition of 'test weapon' that makes it clear that a functional weapon can't be used for testing, only an inert or replica one. A note is inserted that makes it clear that aviation security inspectors must not endanger the health or safety of the public in the performance of their duties or the inspector will lose the immunity from civil or criminal liability. This is to clarify that an aviation security inspector could not rely on immunity from prosecution if they used a live weapon to conduct tests. The amendments will also include a requirement that the number of exemptions to training requirements for screening officers granted by the secretary of the Department of Home Affairs be published on the department's website. Again, as Senator Stoker very clearly outlined, there is also the necessary recognition of prior learning for the many very well trained and highly competent security screening officers we have in place at the moment. So this is not imposing unnecessary new training on those officers. It is making sure we keep all of our people up to date and as efficient in doing these tasks as we possibly can.

Once again this government has a very clear priority in addressing the security of all Australians. Our first priority is to keep the nation safe. This bill is a small but very important step in doing just that.