Senate debates

Thursday, 19 September 2019

Bills

Crimes Legislation Amendment (Police Powers at Airports) Bill 2019; Second Reading

1:22 pm

Photo of Carol BrownCarol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) | Hansard source

I rise in support of the Crimes Legislation Amendment (Police Powers at Airports) Bill 2019. Airports are hubs of activity and so can become focal points for serious and organised crime groups, including those involved in the illicit drug trade; and high-profile targets for terrorist organisations. As such, it is appropriate that the powers police can employ at these locations are reviewed periodically and, if necessary, updated to reflect the ever-changing threat environment.

The bill before the Senate does exactly that. This bill will allow the AFP to direct a person to produce evidence of their identity; direct a person to leave the airport or any other specified major airport, and/or direct a person to take a specified flight or any flight from these airports for up to 24 hours; or direct a person to stop or do anything else necessary to facilitate the identity check or move-on direction. These powers can only be used in appropriate circumstances, such as where a constable or protective services officer 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 and punishable by imprisonment for 12 months or more. A move-on direction must be provided in writing and requires the authorisation of a senior police officer if the direction is for 12 hours or more. This is an important safeguard built into the legislation.

I note the history of this legislation and the role that the Parliamentary Joint Committee on Intelligence and Security played in shaping it. In its original form this bill had a number of issues, including poor drafting and a lack of clarity around the powers that it introduced. The PJCIS made a series of recommendations to the government after the conclusion of its inquiry into the bill. These recommendations sought to address many of the key concerns raised by civil society organisations, such as ensuring that the measures introduced by this bill could not be used to disrupt peaceful assembly or protests, and to provide clarity around the powers generally.

To its credit, the government has agreed or agreed in principle to every recommendation the committee made. The version of the bill before us today is clearer and more effective than the original version, and for that reason the bill is more likely to achieve its objectives and enjoy public confidence. It's a timely reminder that, when the PJCIS is at its best, it is a deliberative bipartisan body which positively influences our legislative process and ensures that the Australian people can have greater confidence in our national security laws and agencies. I commend the work of the committee and its members for their efforts, which resulted in important changes to this bill.

Labor will always be cooperative and constructive when it comes to ensuring that our hardworking police are fully supported in their work to keep Australians safe, and that is why we support this bill. Given the nature of these new powers, Labor believes it is important that the government reassure the parliament that it will take the necessary steps to ensure appropriate transparency and annual reporting with respect to the identity check direction and move-on directional powers provided for by this bill. To that end, I note that I have questions for the minister and would ask that the bill be considered by the Committee of the Whole at the appropriate time. As such, Labor will support this bill, and I commend it to the Senate.

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