House debates
Wednesday, 1 November 2006
Inspector of Transport Security Bill 2006; Inspector of Transport Security (Consequential Provisions) Bill 2006
Consideration in Detail
Bill—by leave—taken as a whole.
9:44 am
Arch Bevis (Brisbane, Australian Labor Party, Shadow Minister for Aviation and Transport Security) Share this | Link to this | Hansard source
by leave—I move opposition amendments (1) to (68) together:
(1) Clause 10, page 10 (lines 7-8), omit subclause (2), substitute:
‘(2) The Inspector may inquire into such matters in accordance with a direction from the Minister or in accordance with section 11A.’.
(2) Page 11, after clause 11 (after line 18), insert:
11A Inspector may decide to conduct inquiry
(1) Subject to this Part, the Inspector may decide to inquire into a transport security matter or an offshore security matter.
(2) If the Inspector decides to inquire into a matter the Inspector must inform the Minister in writing of the subject of the inquiry.
(3) The Inspector is not subject to direction from the Minister in relation to the inquiry, or any interim, draft or final report in relation to the inquiry.
(4) The Inspector is not subject to direction from the Secretary in relation to the inquiry, or any interim, draft or final report in relation to the inquiry.
(3) Clause 12, page 11 (line 23)
after ‘Minister’
insert
‘or the Inspector’.
(4) Clause 12, page 12 (line 1)
after ‘Minister’
insert
‘or the Inspector’.
(5) Clause 13, page 12 (line 9)
after ‘Minister’
insert
‘or the Inspector’.
(6) Clause 13, page 12 (line 19)
after ‘Minister’
insert
‘or the Inspector’.
(7) Clause 14, page 12 (line 25)
omit ‘The Minister must not direct the Inspector to’,
substitute
‘The Inspector must not’.
(8) Clause 14, page 13 (line 11),
omit ‘the direction is made’
substitute
‘the inquiry is initiated’.
(9) Clause 15, page 13 (line 15)
omit ‘The Minister must not direct the Inspector to’
substitute
‘The Inspector must not’.
(10) Clause 15, page 13 (line 34)
omit ‘the direction is made’,
substitute
‘the inquiry is initiated’.
(11) Clause 16, page 14 (line 4)
omit ‘The Minister must not direct the Inspector to’
substitute
‘The Inspector must not’.
(12) Clause 16, page 14 (line 29)
omit ‘the direction is made’
substitute
‘the inquiry is initiated’.
(13) Clause 17, page 15 (line 2)
omit ‘The Minister must not direct the Inspector to’
substitute
‘The Inspector must not’.
(14) Clause 17, page 15 (line 24)
omit ‘the direction is made’,
substitute
‘the inquiry is initiated’.
(15) Clause 18, page 15 (line 28)
omit ‘The Minister must not direct the Inspector to’
substitute
‘The Inspector must not’.
(16) Clause 18, page 16 (line 30)
omit ‘the direction is made’,
substitute
‘the inquiry is initiated’.
(17) Clause 22, page 18 (after line 10) after subclause (1) insert:
‘(1A) The Inspector must not decide to inquire into a surface transport aspect of a transport security matter unless the Transport Minister of the State or Territory in which that aspect of the matter occurs has agreed to the scope of the inquiry into that aspect of the matter’.
(18) Clause 23, page 18 (line 25)
omit ‘The Minister must not direct the Inspector to’
substitute
‘The Inspector must not’.
(19) Clause 23, page 19 (lines 1-2)
omit ‘direction is given’
substitute
‘inquiry is initiated’.
(20) Clause 23, page 19 (line 3)
after ‘Minister’
insert
‘or the Inspector’
(21) Clause 23, page 19 (line 8)
after ‘Minister’
insert
‘or the Inspector’.
(22) Clause 23, page 19 (line 12)
omit ‘The Minister may direct the Inspector to’
substitute
‘The Inspector may’.
(23) Clause 23, page 19 (line 15)
omit ‘the Minister must not direct the Inspector to’
substitute
‘the Inspector must not’.
(24) Clause 23, page 19 (lines 22-23)
omit ‘direction is given’,
substitute
‘inquiry is initiated’.’
(25) Clause 23, page 19 (line 24)
after ‘Minister’
insert
‘or the Inspector’.
(26) Clause 25, page 21 (after line 6) after subclause (1)
insert:
‘(1A) Before appointing a person to be the Inspector of Transport Security, the Minister must consult with the Leader of the Opposition in the House of Representatives.’.
(27) Clause 25, page 21 (line 9), omit subclause (3), substitute
‘(3) The Inspector must be appointed on a full-time basis.’.
(28) Clause 32, page 24 (line 6), at the end of paragraph (a)
add ‘or in accordance with section 11A’.
(29) Clause 32, page 24 (line 8), at the end of paragraph (b)
add ‘or in accordance with section 11A’.
(30) Clause 35, page 27 (line 19)
after ‘11’ insert ‘or in accordance with section 11A’.
(31) Clause 35, page 28 (line 9)
after ‘11’insert ‘or in accordance with section 11A’.
(32) Clause 35, page 28 (line15)
after ‘11’insert ‘or in accordance with section 11A’.
(33) Clause 35, page 28 (line 34)
after ‘11’insert ‘or in accordance with section 11A’.
(34) Clause 36, page 29 (line 8)
after ‘11’insert ‘or in accordance with section 11A’
(35) Clause 36, page 29 (line 22)
after ‘11’insert ‘or in accordance with section 11A’
(36) Clause 36, page 29 (line 28)
after ‘11’insert ‘or in accordance with section 11A’
(37) Clause 36, page 30 (line 23)
after ‘11’insert ‘or in accordance with section 11A’
(38) Clause 37, page 30 (line 31)
after ‘11’insert ‘or in accordance with section 11A’
(39) Clause 37, page 32 (line 4)
after ‘11’insert ‘or in accordance with section 11A’
(40) Clause 37, page 32 (line 13)
after ‘11’insert ‘or in accordance with section 11A’
(41) Clause 37, page 33 (line 3)
after ‘11’insert ‘or in accordance with section 11A’
(42) Clause 48, page 40 (line 14)
after ‘11’insert ‘or in accordance with section 11A’
(43) Clause 49, page 41 (line 9)
after ‘11’insert ‘or in accordance with section 11A’
(44) Clause 49, page 41 (line 30)
after ‘11’insert ‘or in accordance with section 11A’
(45) Clause 51, page 44 (line 5) after ‘11’
insert ‘or in accordance with section 11A’.
(46) Clause 51, page 44 (line 11) omit ‘The’, substitute
‘If the inquiry has been conducted in accordance with a direction of the Minister under section 11, the’.
(47) Clause 52, page 44, (line 21)
after ‘the Minister’
insert
‘or the Inspector
(48) Clause 52, page 44 (line 26)
after ‘the Minister’
insert
‘or the Inspector’.
(49) Clause 52, page 44 (line 23)
after ‘the Minister’
insert
‘or the Inspector’
(50) Clause 52, page 45 (line 3)
after ‘the Minister’,
insert
‘or the Inspector’.
(51) Clause 52, page 45 (line 8)
after ‘the Minister’
insert
‘or the Inspector’.
(52) Clause 52, page 45 (line 18)
after ‘the Minister’
insert
‘or the Inspector’.
(53) Clause 52, page 45 (line 24)
after ‘the Minister’
insert
‘or the Inspector’.
(54) Clause 52, page 46 (line 2)
after ‘the Minister’
insert
‘or the Inspector’.
(55) Clause 55, page 47 (line 20)
after ‘the Minister’
insert
‘or the Inspector’.
(56) Clause 59, page 51 (line 5)
after ‘inquiry’
insert
‘conducted under section 11A or’.
(57) Clause 64, page 55 (lines 2-4), omit subclause (1), substitute;
“(1) Subject to this section, in relation to each final report the Minister receives, the Minister must table in the Parliament a copy of:
(a) the final report, or
(b) a part of the final report, or
(c) if the Minister thinks that it is, on balance, not in the public interest to table the final report or a part of the final report — a document concerning the final report prepared and signed by the Inspector setting out such details as the Inspector thinks, on balance, it is in the public interest to present to the Parliament.”.
(58) Clause 64, page 55 (line 6)
after ‘report’
insert
‘or a document concerning a final report’.
(59) Clause 64, page 55 (line 14)
after ‘report’
insert
‘or a document concerning a final report’.
(60) Clause 64, page 55 (line 18)
after ‘report’
insert
‘or a document concerning a final report’.
(61) Clause 64, page 55 (line 22)
after ‘report’
insert
‘or a document concerning a final report’.
(62) Page 55, after clause 64 (after line 27) insert:
‘64A Final report must be given to Leader of Opposition
The Inspector must give a copy of each final report to the Leader of the Opposition in the House of Representatives, but it is the duty of the Leader of the Opposition to treat as secret any part of the report or information in a report that is not tabled in Parliament or that is not disclosed in a statement tabled in Parliament in accordance with paragraph 64(1)(c).’.
(63) Clause 67, page 58 (line 2) after ‘11’
insert ‘or conducted under section 11A’.
(64) Clause 67, page 58 (line 7)
insert ‘or conducted under section 11A’.
(65) Clause 69, page 59 (line 21)
insert ‘or conducted under section 11A’.
(66) Clause 75, page 64 (line 19)
insert ‘or conducted under section 11A’.
(67) Clause 75, page 64 (line 26)
insert ‘or conducted under section 11A’.
(68) Page 71, after clause 80 (after line 9)
insert
‘80A Leader of Opposition to be kept informed
The Inspector shall consult regularly with the Leader of the Opposition in the House of Representatives for the purpose of keeping him or her informed on transport security matters and offshore security matters considered by the Inspector.’.
The 68 amendments relate to five principal areas and the Minister for Transport and Regional Services touched on them in his summation of the second reading debate. I made reference to them during my contribution to that debate. We on this side of the House think they are important. I listened carefully to the minister’s summation and understand that there is now a difference between the government and the opposition in terms of the accountability and transparency that should apply to this role. As the minister correctly pointed out, we do support the bill and the consequential bill. In particular, we support the no-blame and handling of information provisions. We fully appreciate the need for them.
However, it seems strange to me and to the Labor Party that provisions that would enhance the operation of the role of the Inspector of Transport Security to improve transparency and provide some publicly visible accountability are not acceptable to the government. Indeed, it goes beyond that, because the minister has said here today, as he did when he introduced the bill—and I will quote from his second reading speech:
The Inspector of Transport Security Bill ... provides a strong legislative basis to support the conduct of independent and impartial inquiries ...
That is a laudable objective which everyone would subscribe to, but the truth is the bill does not do that. It does not provide for independent and impartial inquiries. It provides for inquiries only to the extent and on those occasions and in those times that the minister wishes them to happen. That is not independent and impartial inquiry. That is inquiry at the request of a minister when that minister wants it. Indeed, having had the