Crimes Legislation Amendment (Police Powers at Airports) Act 2019

No. 89, 2019

An Act to amend the Crimes Act 1914, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Part 1—Main amendments 3

Crimes Act 1914 3

Part 2—Other amendments 12

Australian Federal Police Act 1979 12

An Act to amend the Crimes Act 1914, and for related purposes

[Assented to 28 October 2019]

The Parliament of Australia enacts:

1 Short title

This Act is the Crimes Legislation Amendment (Police Powers at Airports) Act 2019.

2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	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.	28 April 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Amendments

Crimes Act 1914

1 Division 3B of Part IAA

Repeal the Division, substitute:

3UL Definitions—Division 3B

In this Division:

government photographic identity document means an identity document providing photographic identification of a person that is issued by:

identity document:

major airport: see section 3UM.

protective service officer means a protective service officer within the meaning of the Australian Federal Police Act 1979.

public order and safe operation of a major airport: see section 3UN.

relevant criminal activity: see section 3UQ.

senior police officer: see section 3UQ.

the government of the Commonwealth or a State or Territory; or

the government of a foreign country or part of a foreign country.

means a document (such as a driver’s licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person’s identity or any aspect of a person’s identity; but

does not include a document prescribed by regulation for the purposes of this definition.

3UM Meaning of major airport 1

(1) For the purposes of this Division, each of the following airports is a major airport:

Adelaide Airport;

Alice Springs Airport;

Brisbane Airport;

Canberra Airport;

Darwin International Airport;

Gold Coast Airport;

Hobart International Airport;

Launceston Airport;

Melbourne (Tullamarine) Airport;

Perth Airport;

Sydney (Kingsford-Smith) Airport;

Townsville Airport;

an airport determined by the Minister under section 3UO.

(2) A reference in this Division to a major airport includes a reference to:

(a) for an airport mentioned in paragraphs (1)(a) to (l)—the place made up of the land described in relation to the airport in regulations made for the purposes of the definition of airport site in section 5 of the Airports Act 1996; and

for an airport determined by the Minister under section 3UO—the place made up of the land described in the determination in relation to the airport; and

for any airport mentioned in subsection (1)—any building, structure, installation or equipment situated on the relevant land mentioned in paragraph (a) or (b) of this subsection.

3UN Meaning of public order and safe operation 1

(1) In this Division, the public order and safe operation of a major airport means:

the public order of the airport, or flights to and from the airport; or

the safety of persons at the airport, or on flights to and from the airport; or

the safe operation of the airport, or flights to and from the airport.

However, the exercise of a person’s right to engage lawfully in advocacy, protest, dissent or industrial action is not, by itself, to be regarded as prejudicial to the public order and safe operation of a major airport.

3UO Determination of airports 1

(1) The Minister may, by legislative instrument, determine an airport for the purposes of the definition of major airport in section 3UM.

A determination of an airport under subsection (1) must include a description of land in relation to the airport for the purposes of paragraph 3UM(2)(b).

This Division applies in relation to an airport determined under subsection (1) only if the airport is ordinarily used for the purposes of any of the following:

flights that start or end in a Territory;

flights between Australia and a foreign country in which aircraft are used in the course of trade or commerce, for the carriage of passengers;

flights between one State and another State in which aircraft are used in the course of trade or commerce, for the carriage of passengers.

This Division may apply in relation to an airport determined under subsection (1) even if the airport is also used for a purpose other than a purpose mentioned in subsection (3).

Note: See also section 3UR (move-on directions at airports—alternative constitutional scope).

3UP Identity information at airports

Direction to give identity information

Evidence of identity

A constable or a protective service officer may direct a person to give the constable or officer evidence of the person’s identity if:

the direction is given at a major airport; and

the constable or officer:

suspects on reasonable grounds that the 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

considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport.

A person must comply with a direction under subsection (1) by:

producing a government photographic identity document issued in relation to the person; or

if the person does not produce such a document—producing:

another identity document in relation to the person; or

if so directed by the constable or officer—2 different identity documents in relation to the person; or

if the person does not produce an identity document (or documents) under paragraph (a) or (b)—giving the constable or officer the person’s name, address and date of birth.

3UQ Move-on directions at airports

When may a direction be given?

What type of direction may be given?

Note: In addition, if, before a direction (the later direction) is given to a person, a direction had already been given to the same person within a period of 7 days before the later direction is given, the later direction must be given or authorised by a senior police officer even if the period covered by the later direction is 12 hours or less (see subsection (9)).

Restriction on later directions within 7 days

A constable or a protective service officer may give a person a direction under this section if:

the direction is given at a major airport; and

one or more of the following applies:

the constable or officer considers on reasonable grounds that the person has contravened a direction given at that airport under section 3UP (identity information at airports) or section 3US (stop and directions powers at airports), and the constable or officer is not reasonably satisfied of the person’s identity;

(ii) the constable or officer 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;

iii

the constable or officer considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport.

(2) Relevant criminal activity is criminal activity involving the commission of an offence that is punishable by imprisonment for 12 months or more, against either of the following:

a law of the Commonwealth or a Territory;

a law of a State having a federal aspect.

The constable or officer may give a written direction to the person requiring the person to do either or both of the following:

not to take a specified flight, or any flight, to or from that airport, or any specified major airport, for a specified period of no more than 24 hours after the direction is given;

to leave the airport as soon as practicable, and not enter that airport, or any other specified major airport, for a specified period of no more than 24 hours after the direction is given.

(4) However, a direction covering a period of more than 12 hours must be given, or authorised (orally or in writing), by a senior police officer.

If a senior police officer orally authorises a direction under subsection (4), the senior police officer must record the authorisation in writing as soon as practicable afterwards.

(6) A senior police officer is a constable:

having the rank of sergeant or an equivalent rank, or higher; or

with formal authorisation to act as a constable having such a rank.

A direction given to a person under this section must be in a form approved in writing by the Minister.

A form approved for the purposes of subsection (7) must, without limitation, include the following to assist a person to whom a direction is given to apply for judicial review, or interlocutory orders, in relation to the giving of the direction:

details to enable the person to contact a Federal Court registry in the State or Territory in which the direction is given, or a requirement for the constable or officer giving the direction to include such details;

any other information the Minister considers appropriate to assist the person to make such applications, for example information relating to the procedure for urgent or expedited applications.

(9) After a direction (the earlier direction) is given to a person under this section, a later direction under this section may be given to a person within 7 days after the earlier direction was given only if:

subsection (1) applies (or continues to apply) in relation to the person at the time the later direction is given; and

the later direction is given, or authorised (orally or in writing), by a senior police officer; and

no more than one later direction under this section is given within that 7-day period; and

the later direction covers a period that would end no later than 7 days after the earlier direction was given, at the same time of day at the place at which the earlier direction was given.

3UR Move-on directions at airports—alternative constitutional scope

Without limiting its effect apart from this section, major airport in section 3UM did not include an airport determined by the Minister under section 3UO.section 3UQ also has the effect it would have if the definition of

3US Stop and directions powers at airports 1

A constable or a protective service officer may give a person a direction under this section if:

the direction is given at a major airport; and

the constable or officer considers on reasonable grounds that it is necessary to give the direction to facilitate the exercise of a power under section 3UP (identity information at airports) or section 3UQ (move-on directions at airports).

The constable or officer may direct the person:

to stop; or

to do anything else the constable or officer considers on reasonable grounds to be necessary to facilitate the exercise of a power under section 3UP or 3UQ.

3UT Constables’ and protective service officers’ duties at airports

Scope of section

Evidence of constable’s or protective service officer’s status or identity etc.

A constable or protective service officer must comply with this section in relation to a direction given to a person under:

section 3UP (identity information at airports); or

section 3UQ (move-on directions at airports).

The constable or officer must:

if not in uniform—before the direction is given, show the person evidence that the constable is a constable, or that the officer is an officer; and

if the person so requests before or after the direction is given—comply with subsection (3); and

in any case—before the direction is given, inform the person that it may be an offence not to comply with the direction, or to give the constable or officer a false or misleading document, or false or misleading information, in response to the direction.

The constable or officer must give the person any of the following information if requested by the person:

the constable’s or officer’s name;

the address of the constable’s or officer’s place of duty;

the constable’s or officer’s identification number (if any);

if the constable or officer has no identification number—the constable’s or officer’s rank.

3UU Directions at airports—offences

Contravening directions

Penalty: 20 penalty units.

Note 1: For absolute liability, see Criminal Code.section 6.2 of the

Note 2: For subsection (1), a person may contravene a direction by failing to comply with the direction (see the definition of contravene in section 2B of the Acts Interpretation Act 1901).

Note 3: The following offences more serious than the offence under subsection (1) may also apply:

Failure by constable or protective service officer to give status or identity information etc.

Penalty: 5 penalty units.

engage in conduct means:

A person commits an offence if:

the person is given a direction by a constable or protective service officer under:

section 3UP (identity information at airports); or

section 3UQ (move-on directions at airports); or

iii

section 3US (stop and directions powers at airports); and

the person engages in conduct; and

the conduct contravenes the direction; and

in the case of a direction given under section 3UP or 3UQ—the constable or officer complies with section 3UT (constables’ and protective service officers’ duties at airports).

Absolute liability applies to paragraph (1)(d).

(a) giving false or misleading information (see Criminal Code);section 137.1 of the

(b) producing a false or misleading document (see Criminal Code);section 137.2 of the

A person commits an offence if:

the person is subject to a requirement under section 3UT (constables’ and protective service officers’ duties at airports); and

the person engages in conduct; and

the conduct breaches the requirement.

In this section:

do an act; or

omit to perform an act.

3UV Review of Division 1

The Parliamentary Joint Committee on Intelligence and Security must review:

the operation, effectiveness and implications of this Division; and

security matters relating to major airports.

(2) The Committee must begin the review before the end of the period of 3 years beginning on the day the Crimes Legislation Amendment (Police Powers at Airports) Act 2019 commenced.

The Committee must report on the review to each House of the Parliament before the end of the period of 9 months beginning on the day the review commences.

Australian Federal Police Act 1979

2 Subsection 4(1) (subparagraph (a)(i) of the definition of protective service offence)

Before “section”, insert “subsection 3UU(1) or”.

[Minister’s second reading speech made in—

House of Representatives on 4 July 2019

Senate on 12 September 2019]

(114/19)