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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Crimes Legislation Amendment (Police
Powers at Airports) Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend the Crimes Act 1914, and
for related purposes
No. , 2019
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Crimes Act 1914
3
Part 2--Other amendments
12
Australian Federal Police Act 1979
12
No. , 2019
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
1
A Bill for an Act to amend the Crimes Act 1914, and
1
for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Crimes Legislation Amendment (Police Powers at
5
Airports) Act 2019.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Crimes Act 1914
3
1 Division 3B of Part IAA
4
Repeal the Division, substitute:
5
Division 3B--Identity information requirements, and
6
move-on powers, at airports
7
3UL Definitions--Division 3B
8
In this Division:
9
government photographic identity document means an identity
10
document providing photographic identification of a person that is
11
issued by:
12
(a) the government of the Commonwealth or a State or Territory;
13
or
14
(b) the government of a foreign country or part of a foreign
15
country.
16
identity document:
17
(a) means a document (such as a driver's licence, birth
18
certificate, credit card or identity card) that evidences or
19
indicates, or can be used to evidence or indicate, a person's
20
identity or any aspect of a person's identity; but
21
(b) does not include a document prescribed by regulation for the
22
purposes of this definition.
23
major airport: see section 3UM.
24
protective service officer means a protective service officer within
25
the meaning of the Australian Federal Police Act 1979.
26
public order and safe operation of a major airport: see
27
section 3UN.
28
relevant criminal activity: see section 3UQ.
29
Schedule 1 Amendments
Part 1 Main amendments
4
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
No. , 2019
senior police officer: see section 3UQ.
1
3UM Meaning of major airport
2
(1) For the purposes of this Division, each of the following airports is
3
a major airport:
4
(a) Adelaide Airport;
5
(b) Alice Springs Airport;
6
(c) Brisbane Airport;
7
(d) Canberra Airport;
8
(e) Darwin International Airport;
9
(f) Gold Coast Airport;
10
(g) Hobart International Airport;
11
(h) Launceston Airport;
12
(i) Melbourne (Tullamarine) Airport;
13
(j) Perth Airport;
14
(k) Sydney (Kingsford-Smith) Airport;
15
(l) Townsville Airport;
16
(m) an airport determined by the Minister under section 3UO.
17
(2) A reference in this Division to a major airport includes a reference
18
to:
19
(a) for an airport mentioned in paragraphs (1)(a) to (l)--the place
20
made up of the land described in relation to the airport in
21
regulations made for the purposes of the definition of airport
22
site in section 5 of the Airports Act 1996; and
23
(b) for an airport determined by the Minister under
24
section 3UO--the place made up of the land described in the
25
determination in relation to the airport; and
26
(c) for any airport mentioned in subsection (1)--any building,
27
structure, installation or equipment situated on the relevant
28
land mentioned in paragraph (a) or (b) of this subsection.
29
3UN Meaning of public order and safe operation
30
(1) In this Division, the public order and safe operation of a major
31
airport means:
32
(a) the public order of the airport, or flights to and from the
33
airport; or
34
Amendments Schedule 1
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
5
(b) the safety of persons at the airport, or on flights to and from
1
the airport; or
2
(c) the safe operation of the airport, or flights to and from the
3
airport.
4
(2) However, the exercise of a person's right to engage lawfully in
5
advocacy, protest, dissent or industrial action is not, by itself, to be
6
regarded as prejudicial to the public order and safe operation of a
7
major airport.
8
3UO Determination of airports
9
(1) The Minister may, by legislative instrument, determine an airport
10
for the purposes of the definition of major airport in section 3UM.
11
(2) A determination of an airport under subsection (1) must include a
12
description of land in relation to the airport for the purposes of
13
paragraph 3UM(2)(b).
14
(3) This Division applies in relation to an airport determined under
15
subsection (1) only if the airport is ordinarily used for the purposes
16
of any of the following:
17
(a) flights that start or end in a Territory;
18
(b) flights between Australia and a foreign country in which
19
aircraft are used in the course of trade or commerce, for the
20
carriage of passengers;
21
(c) flights between one State and another State in which aircraft
22
are used in the course of trade or commerce, for the carriage
23
of passengers.
24
(4) This Division may apply in relation to an airport determined under
25
subsection (1) even if the airport is also used for a purpose other
26
than a purpose mentioned in subsection (3).
27
Note:
See also section 3UR (move-on directions at airports--alternative
28
constitutional scope).
29
3UP Identity information at airports
30
Direction to give identity information
31
(1) A constable or a protective service officer may direct a person to
32
give the constable or officer evidence of the person's identity if:
33
Schedule 1 Amendments
Part 1 Main amendments
6
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
No. , 2019
(a) the direction is given at a major airport; and
1
(b) the constable or officer:
2
(i) suspects on reasonable grounds that the person has
3
committed, is committing, or intends to commit an
4
offence against a law of the Commonwealth or a
5
Territory, or a law of a State having a federal aspect,
6
punishable by imprisonment for 12 months or more; or
7
(ii) considers on reasonable grounds that it is necessary to
8
give the direction to safeguard the public order and safe
9
operation of that airport or another major airport.
10
Evidence of identity
11
(2) A person must comply with a direction under subsection (1) by:
12
(a) producing a government photographic identity document
13
issued in relation to the person; or
14
(b) if the person does not produce such a document--producing:
15
(i) another identity document in relation to the person; or
16
(ii) if so directed by the constable or officer--2 different
17
identity documents in relation to the person; or
18
(c) if the person does not produce an identity document (or
19
documents) under paragraph (a) or (b)--giving the constable
20
or officer the person's name, address and date of birth.
21
3UQ Move-on directions at airports
22
When may a direction be given?
23
(1) A constable or a protective service officer may give a person a
24
direction under this section if:
25
(a) the direction is given at a major airport; and
26
(b) one or more of the following applies:
27
(i) the constable or officer considers on reasonable grounds
28
that the person has contravened a direction given at that
29
airport under section 3UP (identity information at
30
airports) or section 3US (stop and directions powers at
31
airports), and the constable or officer is not reasonably
32
satisfied of the person's identity;
33
(ii) the constable or officer suspects on reasonable grounds
34
that it is necessary to give the direction to prevent or
35
Amendments Schedule 1
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
7
disrupt relevant criminal activity occurring at any major
1
airport, or in relation to a flight to or from any major
2
airport;
3
(iii) the constable or officer considers on reasonable grounds
4
that it is necessary to give the direction to safeguard the
5
public order and safe operation of that airport or another
6
major airport.
7
(2) Relevant criminal activity is criminal activity involving the
8
commission of an offence that is punishable by imprisonment for
9
12 months or more, against either of the following:
10
(a) a law of the Commonwealth or a Territory;
11
(b) a law of a State having a federal aspect.
12
What type of direction may be given?
13
(3) The constable or officer may give a written direction to the person
14
requiring the person to do either or both of the following:
15
(a) not to take a specified flight, or any flight, to or from that
16
airport, or any specified major airport, for a specified period
17
of no more than 24 hours after the direction is given;
18
(b) to leave the airport as soon as practicable, and not enter that
19
airport, or any other specified major airport, for a specified
20
period of no more than 24 hours after the direction is given.
21
(4) However, a direction covering a period of more than 12 hours must
22
be given, or authorised (orally or in writing), by a senior police
23
officer.
24
Note:
In addition, if, before a direction (the later direction) is given to a
25
person, a direction had already been given to the same person within a
26
period of 7 days before the later direction is given, the later direction
27
must be given or authorised by a senior police officer even if the
28
period covered by the later direction is 12 hours or less (see
29
subsection (9)).
30
(5) If a senior police officer orally authorises a direction under
31
subsection (4), the senior police officer must record the
32
authorisation in writing as soon as practicable afterwards.
33
(6) A senior police officer is a constable:
34
(a) having the rank of sergeant or an equivalent rank, or higher;
35
or
36
Schedule 1 Amendments
Part 1 Main amendments
8
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
No. , 2019
(b) with formal authorisation to act as a constable having such a
1
rank.
2
(7) A direction given to a person under this section must be in a form
3
approved in writing by the Minister.
4
(8) A form approved for the purposes of subsection (7) must, without
5
limitation, include the following to assist a person to whom a
6
direction is given to apply for judicial review, or interlocutory
7
orders, in relation to the giving of the direction:
8
(a) details to enable the person to contact a Federal Court
9
registry in the State or Territory in which the direction is
10
given, or a requirement for the constable or officer giving the
11
direction to include such details;
12
(b) any other information the Minister considers appropriate to
13
assist the person to make such applications, for example
14
information relating to the procedure for urgent or expedited
15
applications.
16
Restriction on later directions within 7 days
17
(9) After a direction (the earlier direction) is given to a person under
18
this section, a later direction under this section may be given to a
19
person within 7 days after the earlier direction was given only if:
20
(a) subsection (1) applies (or continues to apply) in relation to
21
the person at the time the later direction is given; and
22
(b) the later direction is given, or authorised (orally or in
23
writing), by a senior police officer; and
24
(c) no more than one later direction under this section is given
25
within that 7-day period; and
26
(d) the later direction covers a period that would end no later
27
than 7 days after the earlier direction was given, at the same
28
time of day at the place at which the earlier direction was
29
given.
30
3UR Move-on directions at airports--alternative constitutional
31
scope
32
Without limiting its effect apart from this section, section 3UQ also
33
has the effect it would have if the definition of major airport in
34
Amendments Schedule 1
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
9
section 3UM did not include an airport determined by the Minister
1
under section 3UO.
2
3US Stop and directions powers at airports
3
(1) A constable or a protective service officer may give a person a
4
direction under this section if:
5
(a) the direction is given at a major airport; and
6
(b) the constable or officer considers on reasonable grounds that
7
it is necessary to give the direction to facilitate the exercise of
8
a power under section 3UP (identity information at airports)
9
or section 3UQ (move-on directions at airports).
10
(2) The constable or officer may direct the person:
11
(a) to stop; or
12
(b) to do anything else the constable or officer considers on
13
reasonable grounds to be necessary to facilitate the exercise
14
of a power under section 3UP or 3UQ.
15
3UT Constables' and protective service officers' duties at airports
16
Scope of section
17
(1) A constable or protective service officer must comply with this
18
section in relation to a direction given to a person under:
19
(a) section 3UP (identity information at airports); or
20
(b) section 3UQ (move-on directions at airports).
21
Evidence of constable's or protective service officer's status or
22
identity etc.
23
(2) The constable or officer must:
24
(a) if not in uniform--before the direction is given, show the
25
person evidence that the constable is a constable, or that the
26
officer is an officer; and
27
(b) if the person so requests before or after the direction is
28
given--comply with subsection (3); and
29
(c) in any case--before the direction is given, inform the person
30
that it may be an offence not to comply with the direction, or
31
to give the constable or officer a false or misleading
32
Schedule 1 Amendments
Part 1 Main amendments
10
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
No. , 2019
document, or false or misleading information, in response to
1
the direction.
2
(3) The constable or officer must give the person any of the following
3
information if requested by the person:
4
(a) the constable's or officer's name;
5
(b) the address of the constable's or officer's place of duty;
6
(c) the constable's or officer's identification number (if any);
7
(d) if the constable or officer has no identification number--the
8
constable's or officer's rank.
9
3UU Directions at airports--offences
10
Contravening directions
11
(1) A person commits an offence if:
12
(a) the person is given a direction by a constable or protective
13
service officer under:
14
(i) section 3UP (identity information at airports); or
15
(ii) section 3UQ (move-on directions at airports); or
16
(iii) section 3US (stop and directions powers at airports);
17
and
18
(b) the person engages in conduct; and
19
(c) the conduct contravenes the direction; and
20
(d) in the case of a direction given under section 3UP or 3UQ--
21
the constable or officer complies with section 3UT
22
(constables' and protective service officers' duties at
23
airports).
24
Penalty: 20 penalty units.
25
(2) Absolute liability applies to paragraph (1)(d).
26
Note 1:
For absolute liability, see section 6.2 of the Criminal Code.
27
Note 2:
For subsection (1), a person may contravene a direction by failing to
28
comply with the direction (see the definition of contravene in
29
section 2B of the Acts Interpretation Act 1901).
30
Note 3:
The following offences more serious than the offence under
31
subsection (1) may also apply:
32
(a) giving false or misleading information (see section 137.1 of the
33
Criminal Code);
34
Amendments Schedule 1
Main amendments Part 1
No. , 2019
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
11
(b) producing a false or misleading document (see section 137.2 of
1
the Criminal Code);
2
(c) obstructing a Commonwealth public official (see section 149.1 of
3
the Criminal Code).
4
Failure by constable or protective service officer to give status or
5
identity information etc.
6
(3) A person commits an offence if:
7
(a) the person is subject to a requirement under section 3UT
8
(constables' and protective service officers' duties at
9
airports); and
10
(b) the person engages in conduct; and
11
(c) the conduct breaches the requirement.
12
Penalty: 5 penalty units.
13
(4) In this section:
14
engage in conduct means:
15
(a) do an act; or
16
(b) omit to perform an act.
17
Schedule 1 Amendments
Part 2 Other amendments
12
Crimes Legislation Amendment (Police Powers at Airports) Bill 2019
No. , 2019
Part 2--Other amendments
1
Australian Federal Police Act 1979
2
2 Subsection 4(1) (subparagraph (a)(i) of the definition of
3
protective service offence)
4
Before "section", insert "subsection 3UU(1) or".
5
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