Senate debates

Monday, 24 August 2020

Bills

Transport Security Amendment (Testing and Training) Bill 2019; In Committee

7:34 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments moved to this bill. By leave—I move government amendments (1) to (7) on sheet SG103:

(1) Schedule 1, page 3 (before line 4), before item 1, insert:

1A Section 9

Insert:

test weapon means a weapon of a kind that is a replica or an imitation of another weapon.

[test weapons]

(2) Schedule 1, item 2, page 3 (line 9), omit "weapon", substitute "test weapon".

[test weapons]

(3) Schedule 1, item 2, page 3 (after line 19), at the end of paragraph 79(2) (h), add:

Note: An aviation security inspector must ensure that the exercise of the power under paragraph (h) does not seriously endanger the health or safety of any person, or the inspector will not be immune from civil or criminal liability (see subsection (9)).

[restrictions on exercise of power and immunity]

(4) Schedule 1, item 12, page 5 (line 9), omit "weapon", substitute "test weapon".

[test weapons]

(5) Schedule 1, item 12, page 5 (after line 14), at the end of paragraph 80(2) (f), add:

Note: An aviation security inspector must ensure that the exercise of the power under paragraph (f) does not seriously endanger the health or safety of any person, or the inspector will not be immune from civil or criminal liability (see subsection (7)).

[restrictions on exercise of power and immunity]

(6) Schedule 2, item 8, page 9 (after line 20), after section 94C, insert:

94D Report on number of exemptions

The annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the number of exemptions given by the Secretary under subsection 94B(1) in that period.

[reporting on exemptions]

(7) Schedule 2, item 18, page 12 (after line 13), after section 165C, insert:

165D Report on number of exemptions

The annual report prepared by the Secretary and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the number of exemptions given by the Secretary under subsection 165B(1) in that period.

[reporting on exemptions]

These amendments will make it clear that test pieces used by aviation security inspectors must be inert and that in the performance of their duties aviation security inspectors must not endanger the health or safety of the public. The amendments that have been moved by the government will also insert a requirement that the number of exemptions granted by the Secretary of the Department of Home Affairs in relation to screener training and accreditation be published in that department's annual report.

As I said, this bill was scrutinised by the Scrutiny of Bills Committee. The Scrutiny of Bills Committee made some recommendations. In relation to that advice these are the relatively minor but important amendments that the government is moving to the bill.

Question agreed to.

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