A Bill for an Act to amend the Crimes Act 1914, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Crimes Legislation Amendment (Police Powers at Airports) Act 2018.
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 |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | A day or days to be fixed by Proclamation. However, if any of 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. | |
Note: This table relates only to the provisions of this Act as originally enacted.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.
(2) 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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Main amendments
Crimes Act 1914
1 Division 3B of Part IAA (heading)
Repeal the heading, substitute:
Division 3B—Identity information requirements, and move‑on powers, at airports
2 Section 3UL
Insert:
aviation security includes the good order and safe operation of:
(a) a major airport and its premises; and
(b) flights to and from a major airport.
3 Section 3UL (definition of constitutional airport)
Repeal the definition.
4 At the end of section 3UL
Add:
major airport means any of the following:
(a) a Commonwealth aerodrome within the meaning of the Crimes (Aviation) Act 1991 (see section 3 of that Act);
(b) an airport in a Territory;
(c) an airport determined by the Minister under section 3UM.
premises, of an airport, means the airport’s premises within the meaning of Part 18 of the Airports Act 1996.
Note: See section 239 of that Act.
protective service officer means a protective service officer within the meaning of the Australian Federal Police Act 1979.
relevant criminal activity: see section 3UO.
senior police officer: see section 3UO.
5 Sections 3UM and 3UN
Repeal the sections, substitute:
3UM Determination of airports
(1) The Minister may, by legislative instrument, determine an airport for the purposes of the definition of major airport in section 3UL.
(2) 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:
(a) flights that start or end in a Territory;
(b) flights between Australia and a foreign country in which aircraft are used in the course of trade or commerce, for the carriage of passengers;
(c) flights between one State and another State in which aircraft are used in the course of trade or commerce, for the carriage of passengers.
(3) 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 (2).
Note: See also section 3UP (move‑on directions at airports—alternative constitutional scope).
3UN Identity information at airports
Direction to give identity information
(1) A constable or a protective service officer may direct a person to give the constable or officer evidence of the person’s identity if:
(a) the direction is given on the premises of a major airport; and
(b) the constable or officer:
(i) 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 law of a State having a federal aspect, punishable by imprisonment for 12 months or more; or
(ii) considers on reasonable grounds that it is necessary to give the direction to safeguard aviation security.
Evidence of identity
(2) A person must comply with a direction under subsection (1) by:
(a) producing a government photographic identity document issued in relation to the person; or
(b) if the person does not produce such a document, producing:
(i) another identity document in relation to the person; or
(ii) if so directed by the constable or officer—2 different identity documents in relation to the person; or
(c) 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.
3UO Move‑on directions at airports
When may a direction be given?
(1) A constable or a protective service officer may give a person a direction under this section if:
(a) the direction is given on the premises of a major airport; and
(b) one or more of the following applies:
(i) the constable or officer considers on reasonable grounds that the person has contravened a direction given at that airport under section 3UN (identity information at airports) or 3UQ (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 on the premises of 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 aviation security.
(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) a law of the Commonwealth;
(b) a law of a State having a federal aspect.
What type of direction may be given?
(3) The constable or officer may give a written direction to the person requiring the person to do either or both of the following:
(a) 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;
(b) to leave the airport premises as soon as practicable, and not enter those premises, or the premises of any 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.
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 (6)).
(5) A senior police officer is a constable:
(a) having the rank of sergeant or an equivalent rank, or higher; or
(b) performing the duties of a constable having such a rank.
Restriction on repeated directions within 7 days
(6) After a direction (the earlier direction) is given to a person under this section, a further direction (a later direction) under this section may be given to a person within 7 days after the earlier direction was given only if:
(a) subsection (1) applies (or continues to apply) in relation to the person at the time the further direction is given; and
(b) the later direction is given, or authorised (orally or in writing), by a senior police officer; and
(c) no more than one later direction under this section is given within that period; and
(d) 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.
3UP Move‑on directions at airports—alternative constitutional scope
Without limiting its effect apart from this section, section 3UO also has the effect it would have if the definition of major airport in section 3UL did not include an airport determined by the Minister under section 3UM.
3UQ Stop and directions powers at airports
(1) A constable or a protective service officer may give a person a direction under this section if:
(a) the direction is given on the premises of a major airport; and
(b) 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 3UN (identity information at airports) or 3UO (move‑on directions at airports).
(2) The constable or officer may direct the person:
(a) to stop; or
(b) to do anything else the constable considers on reasonable grounds to be necessary to facilitate the exercise of a power under section 3UN or 3UO.
3UR Constables’ and protective service officers’ duties at airports
Scope of section
(1) A constable or protective service officer must comply with this section before giving a person a direction under:
(a) section 3UN (identity information at airports); or
(b) section 3UO (move‑on directions at airports).
Evidence of constable’s status and identity, etc.
(2) The constable or officer must:
(a) if not in uniform:
(i) show the person evidence that the constable is a constable, or that the officer is an officer; and
(ii) if the person requests—comply with subsection (3); and
(b) in any case—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.
(3) If the constable or officer is not in uniform, the constable or officer must give the person any of the following information if requested by the person:
(a) the constable’s or officer’s name;
(b) the address of the constable’s or officer’s place of duty;
(c) the constable’s or officer’s identification number (if any);
(d) if the constable or officer has no identification number—the constable’s or officer’s rank.
3US Directions at airports—offences
Contravening directions
(1) A person commits an offence if:
(a) the person is given a direction by a constable or protective service officer under:
(i) section 3UN (identity information at airports); or
(ii) section 3UO (move‑on directions at airports); or
(iii) section 3UQ (stop and directions powers at airports); and
(b) the person engages in conduct; and
(c) the conduct contravenes the direction; and
(d) the constable or officer complies with subsection 3UR(2) (constables’ and protective service officers’ duties at airports).
Penalty: 20 penalty units.
(2) Absolute liability applies to paragraph (1)(d).
Note 1: For absolute liability, see section 6.2 of the Criminal Code.
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:
(a) giving false or misleading information (see section 137.1 of the Criminal Code);
(b) producing a false or misleading document (see section 137.2 of the Criminal Code);
(c) obstructing a Commonwealth public official (see section 149.1 of the Criminal Code).
Failure by constable or protective service officer to give status or identity information etc.
(3) A person commits an offence if:
(a) the person is subject to a requirement under subsection 3UR(2) (constables’ and protective service officers’ duties at airports); and
(b) the person engages in conduct; and
(c) the conduct breaches the requirement.
Penalty: 5 penalty units.
(4) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
Part 2—Other amendments
Australian Federal Police Act 1979
6 Subsection 4(1) (subparagraph (a)(i) of the definition of protective service offence)
Before “section”, insert “subsection 3US(1) or”.