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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Crimes Legislation Amendment (Police
Powers at Airports) Bill 2018
No. , 2018
(Home Affairs)
A Bill for an Act to amend the Crimes Act 1914, and
for related purposes
No. , 2018
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
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
10
Australian Federal Police Act 1979
10
No. , 2018
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
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 2018.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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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 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A day or days to be fixed by Proclamation.
However, if any of 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.
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Amendments Schedule 1
Main amendments Part 1
No. , 2018
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
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Schedule 1--Amendments
1
Part 1--Main amendments
2
Crimes Act 1914
3
1 Division 3B of Part IAA (heading)
4
Repeal the heading, substitute:
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Division 3B--Identity information requirements, and
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move-on powers, at airports
7
2 Section 3UL
8
Insert:
9
aviation security includes the good order and safe operation of:
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(a) a major airport and its premises; and
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(b) flights to and from a major airport.
12
3 Section 3UL (definition of constitutional airport)
13
Repeal the definition.
14
4 At the end of section 3UL
15
Add:
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major airport means any of the following:
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(a) a Commonwealth aerodrome within the meaning of the
18
Crimes (Aviation) Act 1991 (see section 3 of that Act);
19
(b) an airport in a Territory;
20
(c) an airport determined by the Minister under section 3UM.
21
premises, of an airport, means the airport's premises within the
22
meaning of Part 18 of the Airports Act 1996.
23
Note:
See section 239 of that Act.
24
protective service officer means a protective service officer within
25
the meaning of the Australian Federal Police Act 1979.
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relevant criminal activity: see section 3UO.
27
Schedule 1 Amendments
Part 1 Main amendments
4
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
No. , 2018
senior police officer: see section 3UO.
1
5 Sections 3UM and 3UN
2
Repeal the sections, substitute:
3
3UM Determination of airports
4
(1) The Minister may, by legislative instrument, determine an airport
5
for the purposes of the definition of major airport in section 3UL.
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(2) This Division applies in relation to an airport determined under
7
subsection (1) only if the airport is ordinarily used for the purposes
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of any of the following:
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(a) flights that start or end in a Territory;
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(b) flights between Australia and a foreign country in which
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aircraft are used in the course of trade or commerce, for the
12
carriage of passengers;
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(c) flights between one State and another State in which aircraft
14
are used in the course of trade or commerce, for the carriage
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of passengers.
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(3) This Division may apply in relation to an airport determined under
17
subsection (1) even if the airport is also used for a purpose other
18
than a purpose mentioned in subsection (2).
19
Note:
See also section 3UP (move-on directions at airports--alternative
20
constitutional scope).
21
3UN Identity information at airports
22
Direction to give identity information
23
(1) A constable or a protective service officer may direct a person to
24
give the constable or officer evidence of the person's identity if:
25
(a) the direction is given on the premises of a major airport; and
26
(b) the constable or officer:
27
(i) suspects on reasonable grounds that the person has
28
committed, is committing, or intends to commit an
29
offence against a law of the Commonwealth, or a law of
30
a State having a federal aspect, punishable by
31
imprisonment for 12 months or more; or
32
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
5
(ii) considers on reasonable grounds that it is necessary to
1
give the direction to safeguard aviation security.
2
Evidence of identity
3
(2) A person must comply with a direction under subsection (1) by:
4
(a) producing a government photographic identity document
5
issued in relation to the person; or
6
(b) if the person does not produce such a document, producing:
7
(i) another identity document in relation to the person; or
8
(ii) if so directed by the constable or officer--2 different
9
identity documents in relation to the person; or
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(c) if the person does not produce an identity document (or
11
documents) under paragraph (a) or (b)--giving the constable
12
or officer the person's name, address and date of birth.
13
3UO Move-on directions at airports
14
When may a direction be given?
15
(1) A constable or a protective service officer may give a person a
16
direction under this section if:
17
(a) the direction is given on the premises of a major airport; and
18
(b) one or more of the following applies:
19
(i) the constable or officer considers on reasonable grounds
20
that the person has contravened a direction given at that
21
airport under section 3UN (identity information at
22
airports) or 3UQ (stop and directions powers at
23
airports), and the constable or officer is not reasonably
24
satisfied of the person's identity;
25
(ii) the constable or officer suspects on reasonable grounds
26
that it is necessary to give the direction to prevent or
27
disrupt relevant criminal activity occurring on the
28
premises of any major airport, or in relation to a flight to
29
or from any major airport;
30
(iii) the constable or officer considers on reasonable grounds
31
that it is necessary to give the direction to safeguard
32
aviation security.
33
Schedule 1 Amendments
Part 1 Main amendments
6
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
No. , 2018
(2) Relevant criminal activity is criminal activity involving the
1
commission of an offence that is punishable by imprisonment for
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12 months or more, against either of the following:
3
(a) a law of the Commonwealth;
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(b) a law of a State having a federal aspect.
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What type of direction may be given?
6
(3) The constable or officer may give a written direction to the person
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requiring the person to do either or both of the following:
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(a) not to take a specified flight, or any flight, to or from that
9
airport, or any specified major airport, for a specified period
10
of no more than 24 hours after the direction is given;
11
(b) to leave the airport premises as soon as practicable, and not
12
enter those premises, or the premises of any specified major
13
airport, for a specified period of no more than 24 hours after
14
the direction is given.
15
(4) However, a direction covering a period of more than 12 hours must
16
be given, or authorised (orally or in writing), by a senior police
17
officer.
18
Note:
In addition, if, before a direction (the later direction) is given to a
19
person, a direction had already been given to the same person within a
20
period of 7 days before the later direction is given, the later direction
21
must be given or authorised by a senior police officer even if the
22
period covered by the later direction is 12 hours or less (see
23
subsection (6)).
24
(5) A senior police officer is a constable:
25
(a) having the rank of sergeant or an equivalent rank, or higher;
26
or
27
(b) performing the duties of a constable having such a rank.
28
Restriction on repeated directions within 7 days
29
(6) After a direction (the earlier direction) is given to a person under
30
this section, a further direction (a later direction) under this section
31
may be given to a person within 7 days after the earlier direction
32
was given only if:
33
(a) subsection (1) applies (or continues to apply) in relation to
34
the person at the time the further direction is given; and
35
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
7
(b) the later direction is given, or authorised (orally or in
1
writing), by a senior police officer; and
2
(c) no more than one later direction under this section is given
3
within that period; and
4
(d) the later direction covers a period that would end no later
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than 7 days after the earlier direction was given, at the same
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time of day at the place at which the earlier direction was
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given.
8
3UP Move-on directions at airports--alternative constitutional
9
scope
10
Without limiting its effect apart from this section, section 3UO also
11
has the effect it would have if the definition of major airport in
12
section 3UL did not include an airport determined by the Minister
13
under section 3UM.
14
3UQ Stop and directions powers at airports
15
(1) A constable or a protective service officer may give a person a
16
direction under this section if:
17
(a) the direction is given on the premises of a major airport; and
18
(b) the constable or officer considers on reasonable grounds that
19
it is necessary to give the direction to facilitate the exercise of
20
a power under section 3UN (identity information at airports)
21
or 3UO (move-on directions at airports).
22
(2) The constable or officer may direct the person:
23
(a) to stop; or
24
(b) to do anything else the constable considers on reasonable
25
grounds to be necessary to facilitate the exercise of a power
26
under section 3UN or 3UO.
27
3UR Constables' and protective service officers' duties at airports
28
Scope of section
29
(1) A constable or protective service officer must comply with this
30
section before giving a person a direction under:
31
(a) section 3UN (identity information at airports); or
32
(b) section 3UO (move-on directions at airports).
33
Schedule 1 Amendments
Part 1 Main amendments
8
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
No. , 2018
Evidence of constable's status and identity, etc.
1
(2) The constable or officer must:
2
(a) if not in uniform:
3
(i) show the person evidence that the constable is a
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constable, or that the officer is an officer; and
5
(ii) if the person requests--comply with subsection (3); and
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(b) in any case--inform the person that it may be an offence not
7
to comply with the direction, or to give the constable or
8
officer a false or misleading document, or false or misleading
9
information, in response to the direction.
10
(3) If the constable or officer is not in uniform, the constable or officer
11
must give the person any of the following information if requested
12
by the person:
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(a) the constable's or officer's name;
14
(b) the address of the constable's or officer's place of duty;
15
(c) the constable's or officer's identification number (if any);
16
(d) if the constable or officer has no identification number--the
17
constable's or officer's rank.
18
3US Directions at airports--offences
19
Contravening directions
20
(1) A person commits an offence if:
21
(a) the person is given a direction by a constable or protective
22
service officer under:
23
(i) section 3UN (identity information at airports); or
24
(ii) section 3UO (move-on directions at airports); or
25
(iii) section 3UQ (stop and directions powers at airports);
26
and
27
(b) the person engages in conduct; and
28
(c) the conduct contravenes the direction; and
29
(d) the constable or officer complies with subsection 3UR(2)
30
(constables' and protective service officers' duties at
31
airports).
32
Penalty: 20 penalty units.
33
Amendments Schedule 1
Main amendments Part 1
No. , 2018
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
9
(2) Absolute liability applies to paragraph (1)(d).
1
Note 1:
For absolute liability, see section 6.2 of the Criminal Code.
2
Note 2:
For subsection (1), a person may contravene a direction by failing to
3
comply with the direction (see the definition of contravene in
4
section 2B of the Acts Interpretation Act 1901).
5
Note 3:
The following offences more serious than the offence under
6
subsection (1) may also apply:
7
(a) giving false or misleading information (see section 137.1 of the
8
Criminal Code);
9
(b) producing a false or misleading document (see section 137.2 of
10
the Criminal Code);
11
(c) obstructing a Commonwealth public official (see section 149.1 of
12
the Criminal Code).
13
Failure by constable or protective service officer to give status or
14
identity information etc.
15
(3) A person commits an offence if:
16
(a) the person is subject to a requirement under
17
subsection 3UR(2) (constables' and protective service
18
officers' duties at airports); and
19
(b) the person engages in conduct; and
20
(c) the conduct breaches the requirement.
21
Penalty: 5 penalty units.
22
(4) In this section:
23
engage in conduct means:
24
(a) do an act; or
25
(b) omit to perform an act.
26
Schedule 1 Amendments
Part 2 Other amendments
10
Crimes Legislation Amendment (Police Powers at Airports) Bill 2018
No. , 2018
Part 2--Other amendments
1
Australian Federal Police Act 1979
2
6 Subsection 4(1) (subparagraph (a)(i) of the definition of
3
protective service offence)
4
Before "section", insert "subsection 3US(1) or".
5