David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I thank members for their comments and contributions, particularly the three senators who spoke: Senator O’Brien, Senator Adams and Senator McEwen, and I thank the Senate Standing Committee on Rural and Regional Affairs and Transport for its thoughtful attention to the input on the Aviation Legislation Amendment (2007 Measures No. 1) Bill 2007, particularly in relation to the screening and clearing of dignitaries, and its consideration of a proposed new section for interference with the operations of a security controlled airport by a person outside the boundary of the airport—and we have heard about the irresponsible use of lasers. Aviation security is a high priority for this government and is under constant review to ensure that the regulatory framework is responsive to changing threats to the Australian aviation industry.

This bill makes the amendments that are necessary to aviation legislation to better manage these threats. The amendments in this bill are the result of both industry suggestion and government administrative experience. There are four significant amendments in the bill. The Aviation and Transport Security Act is amended so that regulations can be made to prohibit activities or conduct taking place outside airport boundaries that disrupt or interfere with the operations of a security controlled airport such as, as I have mentioned, shining a laser through the airport fence at an aircraft. The amendment will also provide a clearer basis for prohibiting conduct within an airport that can lead to serious disruption such as leaving baggage unattended in a public area of the airport. The new regulation-making power does not extend to disruptive activity that forms part of the normal or usual operations of the airport or airline as a place of business, such as lawful industrial action by airport or airline employees.

The amendment to aviation security screening exemptions for some dignitaries reflects a balance between Australia’s international legal obligations and security outcomes. The amendment will also provide flexibility to exempt dignitaries, most, if not all, of whom would be expected to enjoy privileges and immunities under international treaty obligations. The actual list of persons who might be exempt will be determined by government following consultation and advice from relevant agencies. It is not intended that people with celebrity status would be exempt from aviation screening.

Importantly, an airline still has the ultimate right to determine which passengers it will carry and under what conditions. Also, the Aviation Transport Security Act now contains further powers for Australian Customs officers at airports and implements one of the recommendations from the aviation security report by Sir John Wheeler. The first amendment to the Civil Aviation Act covers dangerous acts committed by a person on the ground or on board an aircraft, having particular regard to the direction of laser beams at aircraft. The second amendment to the Civil Aviation Act provides new powers to the Civil Aviation Safety Authority to enable it to implement a new drug and alcohol regime for the civil aviation sector. This amendment will provide safety benefits for both aviation workers and the broader community by appropriately addressing the risks of impaired aviation personnel. Lastly, there are also amendments to the Aviation Transport Security Act that include enhancements to the transport security program regime. These amendments are consistent with the requirements contained in the maritime regime. I commend the bill to the Senate.

Question negatived.

Original question agreed to.

Bill read a second time.