Kristina Keneally (NSW, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

by leave—I move revised opposition amendments (1) to (8) on sheet 1022:

(1) Schedule 1, page 3 (after line 10), after item 2, insert:

2A Section 9

Insert:

serious crime has the meaning given by section 38AC.

(2) Schedule 1, item 4, page 4 (after line 17), at the end of Division 4A, add:

38AC Definition of serious crime

(1) For the purposes of this Division, serious crime means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence prescribed by the regulations.

(2) Regulations made for the purposes of the definition of serious crime must not prescribe an offence unless the offence is an offence against a law of the Commonwealth, a State or a Territory punishable by imprisonment for a period of 3 years or more.

(3) Schedule 1, page 4 (after line 17), after item 4, insert:

4A Before Division 5 of Part 3

Insert:

Division 4B—Renewal of security passes

38AD Renewal of security passes for access to certain areas and zones

(1) If the regulations provide for a process to issue a security pass (an ASIC) to a person for the purposes of accessing certain areas and zones (whether the security pass is known as an aviation security identification card or otherwise), the regulations must comply with the requirements in subsections (2) and (3).

(2) The regulations must provide that a person who has been issued an ASIC may apply for the renewal of the person's ASIC before it expires.

(3) The regulations, in providing for the renewal of an ASIC, must provide:

(a) that a decision to renew or refuse to renew an ASIC must be made within 60 days of the decision maker receiving the application for renewal; and

(b) that if the decision maker does not make a decision to renew or refuse to renew within 60 days of receiving the application, then the decision maker is taken to have renewed the ASIC at the end of that period.

(4) Schedule 1, page 4 (after line 20), after item 5, insert:

5A At the end of subsection 126(2)

Add:

Note: For a person's notification and review rights in relation to an adverse or qualified security assessment, see section 38 and Division 4 of Part IV of the Australian Security Intelligence Organisation Act 1979.

5B After section 126

Insert:

126A Review of decisions relating to security checking under the regulations

(1) This section applies if regulations are made, for the purposes of any of the following sections, dealing with the security checking (including background checking) of persons who have access to an area or zone:

(a) section 35 (requirements for airside areas);

(b) section 36 (requirements for airside security zones);

(c) section 36A (requirements for airside event zones);

(d) section 37 (requirements for landside areas);

(e) section 38 (requirements for landside security zones);

(f) section 38A (requirements for landside event zones);

(g) section 38AB (requirements relating to access to areas and zones).

(2) The regulations must include provisions allowing a person in relation to whom a security check is carried out to seek:

(a) reconsideration by the relevant Secretary of a decision in relation to a security identification card; and

(b) review by the relevant Secretary of a decision in relation to a security identification card; and

(c) review by the Administrative Appeals Tribunal of a decision by the relevant Secretary on review of a decision in relation to a security identification card.

(3) To avoid doubt, nothing in this section permits:

(a) the relevant Secretary to review an adverse security assessment or a qualified security assessment; or

(b) the Administrative Appeals Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the Australian Security Intelligence Organisation Act 1979 and the Administrative Appeals Tribunal Act 1975.

(4) In this section:

adverse security assessment has the same meanings as in the Australian Security Intelligence Organisation Act 1979.

qualified security assessment has the same meanings as in the Australian Security Intelligence Organisation Act 1979.

relevant Secretary means:

(a) the Secretary of the Department; or

(b) the Secretary who is responsible for administering the scheme prescribed for the purposes of section 8 of the AusCheck Act 2007.

126B Regulations may provide for review or reconsideration of additional matters

To avoid doubt, the regulations may provide for the review or reconsideration of matters not provided for in this Part.

(5) Schedule 1, page 4 (after line 31), after item 7, insert:

7A Section 10

Insert:

serious crime has the meaning given by section 113G.

(6) Schedule 1, item 17, page 7 (after line 12), at the end of Division 6, add:

113G Definition of serious crime

(1) For the purposes of this Division, serious crime means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence prescribed by the regulations.

(2) Regulations made for the purposes of the definition of serious crime must not prescribe an offence unless the offence is an offence against a law of the Commonwealth, a State or a Territory punishable by imprisonment for a period of 3 years or more.

(7) Schedule 1, page 7 (after line 12), after item 17, insert:

17A At the end of Part 6

Add:

Division 7—Renewal of security passes

113H Renewal of security passes for access to certain zones

(1) If the regulations provide for a process to issue a security pass (an MSIC) to a person for the purposes of accessing certain areas and zones (whether the security pass is known as a maritime security identification card or otherwise), the regulations must comply with the requirements in subsections (2) and (3).

(2) The regulations must provide that a person who has been issued an MSIC may apply for the renewal of the person's MSIC before it expires.

(3) The regulations, in providing for the renewal of an MSIC, must provide:

(a) that a decision to renew or refuse to renew a MSIC must be made within 60 days of the decision maker receiving the application for renewal; and

(b) that if the decision maker does not make a decision to renew or refuse to renew within 60 days of receiving the application, then the decision maker is taken to have renewed the MSIC at the end of that period.

(8) Schedule 1, page 7, after proposed item 17A, insert:

17B At the end of Part 12

Add:

201A Review of decisions relating to security checking under the regulations

(1) This section applies if regulations are made, for the purposes of any of the following sections, dealing with the security checking (including background checking) of persons who have access to a zone:

(a) section 105 (requirements for port security zones);

(b) section 109 (requirements for ship security zones);

(c) section 113 (requirements for on-board security zones);

(d) section 113D (requirements for offshore security zones);

(e) section 113F (requirements relating to access to zones).

(2) The regulations must include provisions allowing a person in relation to whom a security check is carried out to seek:

(a) reconsideration by the relevant Secretary of a decision in relation to a security identification card; and

(b) review by the relevant Secretary of a decision in relation to a security identification card; and

(c) review by the Administrative Appeals Tribunal of a decision by the relevant Secretary on review of a decision in relation to a security identification card.

(3) To avoid doubt, nothing in this section permits:

(a) the relevant Secretary to review an adverse security assessment or a qualified security assessment; or

(b) the Administrative Appeals Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the Australian Security Intelligence Organisation Act 1979 and the Administrative Appeals Tribunal Act 1975.

(4) In this section:

adverse security assessment has the same meanings as in the Australian Security Intelligence Organisation Act 1979.

qualified security assessment has the same meanings as in the Australian Security Intelligence Organisation Act 1979.

relevant Secretary means:

(a) the Secretary of the Department; or

(b) the Secretary who is responsible for administering the scheme prescribed for the purposes of section 8 of the AusCheck Act 2007.

201B Regulations may provide for review or reconsideration of additional matters

To avoid doubt, the regulations may provide for the review or reconsideration of matters not provided for in this Part.

I advise the chamber that the reason for this amendment is, despite the fact that this bill has in its definition that it is about serious crime, it actually lacks a definition of what serious crime is. Here we have a bill about transport security that's supposed to deal with serious crime, and it's not clear what serious crime is under this legislation. It's fair enough to raise this, because there are 12 different definitions of serious crime across different Commonwealth acts and regulations. While we accept that the government intends to propose a tiered scheme for this legislation, Labor's amendment proposes that minor crimes not be included in the regulations by the government. We think a bill that purports to deal with serious crime should deal with serious crime. Therefore, this amendment defines serious crime as a crime that is punishable by imprisonment for a maximum of at least three years. This is consistent with the definition of serious crime in the citizenship cessation bill currently before the parliament. Labor does believe, and we invite members of this chamber to agree, that it's reasonable to include a definition in the legislation of serious crime. We note the government have not provided a definition, and we seek to insert one. We look forward to support from the chamber for this amendment.