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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
THE SENATE
Presented and read a first time
Transport Security Amendment (Testing
and Training) Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend legislation relating to
transport security, and for related purposes
No. , 2019
Transport Security Amendment (Testing and Training) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Security systems testing
3
Aviation Transport Security Act 2004
3
Schedule 2--Screening officer training
7
Aviation Transport Security Act 2004
7
Maritime Transport and Offshore Facilities Security Act 2003
9
No. , 2019
Transport Security Amendment (Testing and Training) Bill 2019
1
A Bill for an Act to amend legislation relating to
1
transport security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Transport Security Amendment (Testing and
5
Training) 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
Transport Security Amendment (Testing and Training) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
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
Security systems testing
Schedule 1
No. , 2019
Transport Security Amendment (Testing and Training) Bill 2019
3
Schedule 1--Security systems testing
1
2
Aviation Transport Security Act 2004
3
1 Before subsection 79(1)
4
Insert:
5
General powers
6
2 At the end of subsection 79(2)
7
Add:
8
; or (h) test a security system, including by using an item, weapon or
9
vehicle to test its detection, in the following places:
10
(i) a security controlled airport;
11
(ii) any area, building (other than a residence) or vehicle
12
under the control of an aviation industry participant;
13
(iii) if an aviation industry participant operates from a
14
residence or a part of a residence--the residence or the
15
part of the residence from which the participant
16
operates;
17
in accordance with any requirements prescribed in the
18
regulations for the purposes of this paragraph.
19
3 Before subsection 79(3)
20
Insert:
21
When notice required for exercise of powers
22
4 At the end of subsection 79(3A)
23
Add:
24
; (f) a power covered by subparagraph (2)(h)(ii).
25
5 Subsection 79(4)
26
Repeal the subsection.
27
6 Before subsection 79(5)
28
Insert:
29
Schedule 1
Security systems testing
4
Transport Security Amendment (Testing and Training) Bill 2019
No. , 2019
Offence
1
7 Paragraph 79(5)(b)
2
After "under this section", insert "(other than paragraph (2)(h))".
3
8 Subsection 79(6)(note)
4
Omit "Note", substitute "Note 1".
5
9 At the end of subsection 79(6)
6
Add:
7
Note 2:
The offence of obstructing a Commonwealth public official may also
8
apply (see section 149.1 of the
Criminal Code
).
9
10 At the end of section 79
10
Add:
11
Restrictions on exercise of power and immunity
12
(8) In exercising a power under this section, an aviation security
13
inspector must not subject a person to greater indignity than is
14
necessary and reasonable for the exercise of the power.
15
(9) An aviation security inspector is not subject to any civil or criminal
16
liability under the law of the Commonwealth, a State or a Territory
17
in relation to the exercise of a power under paragraph (2)(h) to the
18
extent that the exercise of the power:
19
(a) is in good faith; and
20
(b) does not seriously endanger the health or safety of any
21
person; and
22
(c) does not result in significant loss of, or serious damage to,
23
property.
24
Note:
A defendant bears an evidential burden in relation to the matter in this
25
subsection for a criminal proceeding (see subsection 13.3(3) of the
26
Criminal Code
).
27
(10) A person who wishes to rely on subsection (9) in relation to a civil
28
proceeding bears an evidential burden in relation to that matter.
29
(11) In this section:
30
Security systems testing
Schedule 1
No. , 2019
Transport Security Amendment (Testing and Training) Bill 2019
5
evidential burden
, in relation to a matter, means the burden of
1
adducing or pointing to evidence that suggests a reasonable
2
possibility that the matter exists or does not exist.
3
11 Before subsection 80(1)
4
Insert:
5
Powers relating to aircraft
6
12 At the end of subsection 80(2)
7
Add:
8
; or (f) test a security system, including by using an item or weapon
9
to test its detection, in the aircraft if the test is conducted:
10
(i) while passengers are not on board, boarding or
11
disembarking from the aircraft; and
12
(ii) in accordance with any requirements prescribed in the
13
regulations for the purposes of this paragraph.
14
13 Before subsection 80(3)
15
Insert:
16
Notice requirement
17
14 Before subsection 80(4)
18
Insert:
19
Offence
20
15 Paragraph 80(4)(b)
21
After "under this section", insert "(other than paragraph (2)(f))".
22
16 Subsection 80(5)(note)
23
Omit "Note", substitute "Note 1".
24
17 At the end of subsection 80(5)
25
Add:
26
Note 2:
The offence of obstructing a Commonwealth public official may also
27
apply (see section 149.1 of the
Criminal Code
).
28
Schedule 1
Security systems testing
6
Transport Security Amendment (Testing and Training) Bill 2019
No. , 2019
18 At the end of section 80
1
Add:
2
Immunity
3
(7) An aviation security inspector is not subject to any civil or criminal
4
liability under the law of the Commonwealth, a State or a Territory
5
in relation to the exercise of a power under paragraph (2)(f) to the
6
extent that the exercise of the power:
7
(a) is in good faith; and
8
(b) does not seriously endanger the health or safety of any
9
person; and
10
(c) does not result in significant loss of, or serious damage to,
11
property.
12
Note:
A defendant bears an evidential burden in relation to the matter in this
13
subsection for a criminal proceeding (see subsection 13.3(3) of the
14
Criminal Code
).
15
(8) A person who wishes to rely on subsection (7) in relation to a civil
16
proceeding bears an evidential burden in relation to that matter.
17
(9) In this section:
18
evidential burden
, in relation to a matter, means the burden of
19
adducing or pointing to evidence that suggests a reasonable
20
possibility that the matter exists or does not exist.
21
Screening officer training
Schedule 2
No. , 2019
Transport Security Amendment (Testing and Training) Bill 2019
7
Schedule 2--Screening officer training
1
2
Aviation Transport Security Act 2004
3
1 Section 9
4
Insert:
5
screening function
means a function that a screening officer is
6
authorised or required to perform under this Act or an instrument
7
made under this Act.
8
2 Section 9 (definition of
screening officer
)
9
Omit "subsection 94(1)", substitute "section 94".
10
3 After paragraph 44(2)(a)
11
Insert:
12
(aaa) requirements in relation to the form or issue of identity cards
13
for screening officers;
14
4 Subsection 44(2)(note)
15
Repeal the note, substitute:
16
Note:
Requirements for screening officers may be determined by the
17
Secretary including in relation to training and qualifications, uniforms
18
and the use of identity cards (see section 94A).
19
5 Subsection 44(3)
20
After "(2)(a),", insert "(2)(aaa),".
21
6 Section 93
22
After:
23
To protect the integrity of cleared areas and zones, screening
24
officers are provided with similar restraint and detention powers to
25
those of airport security guards.
26
insert:
27
Schedule 2
Screening officer training
8
Transport Security Amendment (Testing and Training) Bill 2019
No. , 2019
A screening officer may only exercise powers under this Division
1
or perform screening functions if the officer:
2
(a)
has complied with requirements (including training and
3
qualification requirements) determined by the Secretary;
4
or
5
(b)
is exempt from those requirements.
6
7 Subsections 94(1) to (3)
7
Repeal the subsections, substitute:
8
A person who is authorised or required to conduct screening is a
9
screening officer
.
10
Note:
Persons are authorised or required to conduct screening under the
11
regulations (see paragraph 44(2)(a)).
12
8 After section 94
13
Insert:
14
94A Requirements relating to screening officers
15
The Secretary may, by legislative instrument:
16
(a) determine:
17
(i) training and qualification requirements; and
18
(ii) any other requirements;
19
for specified screening officers relating to their exercise or
20
performance of a specified power under this Division or a
21
specified screening function; or
22
(b) determine for specified screening officers:
23
(i) requirements in relation to the use of identity cards; or
24
(ii) requirements in relation to uniforms.
25
Note 1:
For specification of screening officers by class, see subsection 13(3)
26
of the
Legislation Act 2003
.
27
Note 2:
Regulations may prescribe requirements for screening officers in
28
relation to the form or issue of identity cards (see
29
paragraph 44(2)(aaa)).
30
Screening officer training
Schedule 2
No. , 2019
Transport Security Amendment (Testing and Training) Bill 2019
9
94B Exemption from requirements relating to screening officers
1
(1) The Secretary may, in writing, exempt a class of screening officers
2
from one or more requirements determined under
3
paragraph 94A(a) if the Secretary is satisfied that exceptional
4
circumstances exist.
5
(2) An exemption under subsection (1) may be subject to specified
6
conditions.
7
94C Exercise of powers and performance of screening functions by
8
screening officers
9
(1) A screening officer may only exercise a power under this Division
10
or perform a screening function if the screening officer has met
11
each requirement determined under paragraph 94A(a):
12
(a) that relates to the screening officer's exercise or performance
13
of the power or function; and
14
(b) for which the screening officer is not exempt under
15
subsection 94B(1).
16
(2) In exercising a power under this Division or performing a
17
screening function, a screening officer must not use more force, or
18
subject a person to greater indignity, than is necessary and
19
reasonable.
20
9 Section 97
21
Repeal the section.
22
10 After paragraph 127(2)(a)
23
Insert:
24
(aa) section 94A or subsection 94B(1); or
25
Maritime Transport and Offshore Facilities Security Act
26
2003
27
11 Section 10
28
Insert:
29
Schedule 2
Screening officer training
10
Transport Security Amendment (Testing and Training) Bill 2019
No. , 2019
screening function
means a function that a screening officer is
1
authorised or required to perform under this Act or an instrument
2
made under this Act.
3
12 Section 10 (definition of
screening officer
)
4
Omit "subsection 165(1)", substitute "section 165".
5
13 After paragraph 119(2)(a)
6
Insert:
7
(aa) requirements in relation to the form or issue of identity cards
8
for screening officers;
9
14 Subsection 119(2)(note)
10
Repeal the note, substitute:
11
Note:
Requirements for screening officers may be determined by the
12
Secretary including in relation to training and qualifications, uniforms
13
and the use of identity cards (see section 165A).
14
15 Subsection 119(3)
15
After "(2)(a)", insert ", (2)(aa)".
16
16 Section 164
17
After:
18
To protect the integrity of screening processes, screening officers
19
are provided with similar restraint and detention powers to those of
20
maritime security guards.
21
insert:
22
A screening officer may only exercise powers under this Division
23
or perform screening functions if the officer:
24
(a)
has complied with requirements (including training and
25
qualification requirements) determined by the Secretary;
26
or
27
(b)
is exempt from those requirements.
28
Screening officer training
Schedule 2
No. , 2019
Transport Security Amendment (Testing and Training) Bill 2019
11
17 Subsections 165(1) to (3)
1
Repeal the subsections, substitute:
2
A person who is authorised or required to conduct screening is a
3
screening officer
.
4
Note:
Persons are authorised or required to conduct screening under the
5
regulations (see paragraph 119(2)(a)).
6
18 After section 165
7
Insert:
8
165A Requirements relating to screening officers
9
The Secretary may, by legislative instrument:
10
(a) determine:
11
(i) training and qualification requirements; and
12
(ii) any other requirements;
13
for specified screening officers relating to their exercise or
14
performance of a specified power under this Division or a
15
specified screening function; or
16
(b) determine for specified screening officers:
17
(i) requirements in relation to the use of identity cards; or
18
(ii) requirements in relation to uniforms.
19
Note 1:
For specification of screening officers by class, see subsection 13(3)
20
of the
Legislation Act 2003
.
21
Note 2:
Regulations may prescribe requirements for screening officers in
22
relation to the form or issue of identity cards (see
23
paragraph 119(2)(aa)).
24
165B Exemption from requirements relating to screening officers
25
(1) The Secretary may, in writing, exempt a class of screening officers
26
from one or more requirements determined under
27
paragraph 165A(a) if the Secretary is satisfied that exceptional
28
circumstances exist.
29
(2) An exemption under subsection (1) may be subject to specified
30
conditions.
31
Schedule 2
Screening officer training
12
Transport Security Amendment (Testing and Training) Bill 2019
No. , 2019
165C Exercise of powers and performance of screening functions by
1
screening officers
2
(1) A screening officer may only exercise a power under this Division
3
or perform a screening function if the screening officer has met
4
each requirement determined under paragraph 165A(a):
5
(a) that relates to the screening officer's exercise or performance
6
of the power or function; and
7
(b) for which the screening officer is not exempt under
8
subsection 165B(1).
9
(2) In exercising a power under this Division or performing a
10
screening function, a screening officer must not use more force, or
11
subject a person to greater indignity, than is necessary and
12
reasonable.
13
19 Section 168
14
Repeal the section.
15
20 Subsection 202(2)
16
Before "Division 3 of Part 11", insert "section 165A or
17
subsection 165B(1) or".
18