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TRANSPORT SECURITY AMENDMENT (SERIOUS CRIME) BILL 2016

                                        2016-2017




         THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                           HOUSE OF REPRESENTATIVES




TRANSPORT SECURITY AMENDMENT (SERIOUS OR ORGANISED CRIME) BILL 2016




               SUPPLEMENTARY EXPLANATORY MEMORANDUM


                 Amendments to be Moved on Behalf of the Government




         (Circulated by authority of the Minister for Infrastructure and Transport,
                               the Hon Darren Chester MP)
TRANSPORT SECURITY AMENDMENT (SERIOUS OR ORGANISED CRIME) BILL 2016

OUTLINE

These amendments to the Transport Security Amendment (Serious or Organised Crime) Bill 2016 (the
Bill) are proposed in response to concerns raised during the Bill's debate in both houses. These
concerns noted that 'serious or organised crime', referenced by the Bill as introduced, may allow the
Government to prevent persons with convictions for non-serious crimes from gaining an aviation or
maritime security identification card (ASIC or MSIC).

In addressing these concerns, these amendments will replace 'serious or organised crime' with 'serious
crime'. The intention is that 'serious crime' will still encompass 'organised crime' that is of a serious
nature. For example, an offence of violence or extortion that involves two or more members of a
criminal organisation which involves substantial planning and organisation could still be captured
under the purpose of 'serious crime'. These amendments are intended to remove any doubt that the
Bill will enable the eligibility criteria for the ASIC and MSIC schemes to be amended to target
individuals convicted of serious criminal offences, including serious offences relating to organised
crime.

The Bill and these amendments do not limit the existing regulation-making powers in the Aviation
Transport Security Act 2004 (the Aviation Act) and the Maritime Transport and Offshore Facilities
Security Act 2003 (the Maritime Act), which have provided the basis for the ASIC and MSIC criteria
as established under the respective regulations currently in force.

Financial impact statement

The proposed amendments will not have a financial impact.




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NOTES ON AMENDMENTS

Amendment 1

This item would amend clause 1 of the Bill as introduced, to provide that this Act may be cited in
accordance to these amendments.

Amendment 2

This item would amend item 2 of Schedule 1 of the Bill as introduced, to replace references to 'serious
or organised crime' with 'serious crime'. The intention is that 'serious crime' encompasses organised
crime that is of a serious nature. This amendment puts beyond doubt that the purpose of the Bill is to
enable the aviation security identification card (ASIC) scheme to prevent the conduct of serious crime
in the aviation sector. This is in addition to the existing purpose in the Aviation Act for preventing
unlawful interference with aviation.

Amendment 3

This item would amend item 3 of Schedule 1 of the Bill as introduced, to replace references to 'serious
or organised crime' to 'serious crime'. As explained under amendment 2, 'serious crime' encompasses
serious 'organised crime'. Refer to amendment 2 for a full explanation of the policy intention.

Amendments 4 to 6

This item would amend item 4 of Schedule 1 of the Bill as introduced, to replace references to 'serious
or organised crime' to 'serious crime'. As explained under amendment 2, 'serious crime' encompasses
serious 'organised crime'. Refer to amendment 2 for a full explanation of the policy intention.

Amendment 7

This item would amend item 7 of Schedule 1 of the Bill as introduced, to replace references to 'serious
or organised crime' with 'serious crime'. The intention is that 'serious crime' encompasses organised
crime that is of a serious nature. This amendment puts beyond doubt that the purpose of the Bill is to
enable the maritime security identification card (MSIC) scheme to prevent the conduct of serious
crime in maritime transport and offshore facilities. This is in addition to the existing purpose in the
Maritime Act for preventing unlawful interference with maritime transport and offshore facilities.

Amendments 8 to 10

This item would amend item 12 of Schedule 1 of the Bill as introduced, to replace references to
'serious or organised crime' to 'serious crime'. Refer to amendment 7 for full explanation.




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