Explanatory Memorandum
(Circulated by authority of the Minister for Home Affairs, the Hon Peter Dutton MP)OUTLINE
1. The Crimes Legislation Amendment (Police Powers at Airports) Bill 2019 (the Bill) amends the Crimes Act 1914 (the Crimes Act) to enhance police powers at Australia's major airports , including by enabling constables and protective service officers (PSOs ) [1] to:
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- direct a person to produce evidence of their identity ( 'identity check direction' ) (section 3UP)
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- direct a person to leave the airport or any other specified major airport , and/or not take a specified flight or any flight from these airports, for up to 24 hours ( 'move-on direction' ) (section 3UQ), and
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- direct a person to stop or do anything else necessary to facilitate an identity check or move-on direction ( 'ancillary direction' ) (section 3US).
2. Specifically, the Bill allows constables and PSOs to issue these directions at major airports only in appropriate circumstances.
3. An identity check direction may be issued where the constable or PSO:
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- suspects on reasonable grounds that a person has committed, is committing, or intends to commit an offence against a law of the Commonwealth or a Territory, or a law of a State having a federal aspect , punishable by imprisonment for 12 months or more, or
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- considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of a major airport or flights to and from a major airport , or the safety of any persons at the airport or on flights to and from the airport.
4. A move-on direction may be issued where the constable or PSO:
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- considers on reasonable grounds that a person has contravened an identity check or ancillary direction, and the officer is not reasonably satisfied of the person's identity, or
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- suspects on reasonable grounds that it is necessary to give the direction to prevent or disrupt relevant criminal activity occurring at any major airport or in relation to a flight to or from any major airport , or
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- considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of a major airport or flights to and from a major airport , or the safety of any persons at the airport or on flights to and from the airport.
5. To ensure that identity check and move-on directions can be adequately enforced, an ancillary direction can be issued to a person at a major airport where the constable or PSO considers on reasonable grounds that it is necessary to give the direction to facilitate an identity check or move-on direction.
6. The Bill also amends the Crimes Act to:
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- allow the relevant Minister to determine, by legislative instrument, a major airport at which a constable or PSO can issue the new directions (section 3UO)
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- set out the types of evidence that a person must provide in order to comply with an identity check (subsection 3UP(2))
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- establish duties that a constable or PSO must fulfil in issuing an identity check or move-on direction (section 3UT), and
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- introduce offences for failing to comply with a direction given by a constable or PSO , or failing to comply with the duties of a constable or PSO in issuing an identity check or move-on direction (for example, the duty to inform the subject of a direction that it may be an offence not to comply with the direction) (section 3UU).
PURPOSE
7. The purpose of the Bill is to enhance powers at major airports to ensure constables and PSOs can engage with persons at the earliest opportunity to assess any potential threat and/or risk to public safety, and direct a person to leave, or not to take flights to or from, these airports where appropriate.
8. Recent events overseas, and the disrupted terrorist plot at Sydney International Airport (Kingsford-Smith), have shown that airports are a high-profile and high-impact target for terrorists. Airports can also be focal points for serious and organised crime groups seeking to expand their operations in activities such as illicit drug trafficking, at a domestic and international level.
9. Schedule 1 of the Bill will broaden existing identity check provisions in the Crimes Act and create offences and powers relating to identity check, move-on and ancillary directions. These amendments will ensure that constables and PSOs are empowered to proactively manage and disrupt potential security and criminal threats in the aviation environment.
FINANCIAL IMPACT STATEMENT
10. The measures in this Bill will have no impact on Government revenue.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
11. A statement of compatibility with human rights has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 and is at Attachment A.