A Bill for an Act to amend the law in relation to transport security, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Transport Security Amendment (Serious Crime) 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 |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Aviation Transport Security Act 2004
1 Subsection 3(1) (note)
Repeal the note, substitute:
Note: Division 4A of Part 3 and Divisions 2A and 10 of Part 4 have additional purposes (see sections 38AA, 44C and 74J).
2 Section 4 (at the end of the paragraph relating to Part 3)
Add “and preventing the use of aviation in connection with serious crime”.
3 Section 27 (after the paragraph relating to Division 4)
Insert:
Regulations under Division 4A will prescribe requirements for the purposes of preventing the use of aviation in connection with serious crime.
4 After Division 4 of Part 3
Insert:
Division 4A—Serious crime
38AA Purpose of this Division
The purpose of this Division is to prevent the use of aviation in connection with serious crime.
38AB Requirements relating to access to areas and zones
(1) The regulations may, for the purposes of preventing the use of aviation in connection with serious crime, prescribe requirements in relation to areas and zones established under this Part.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to areas and zones (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the security checking (including background checking) of persons who have access to areas and zones.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator or an aircraft operator—200 penalty units; or
(b) for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a) or (c)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
5 Subsection 44C(1)
Omit “aviation,” substitute “aviation or preventing the use of aviation in connection with serious crime (or both),”.
6 At the end of section 132
Add:
(8) This Act also has the effect that it would have if its operation were expressly confined to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
Maritime Transport and Offshore Facilities Security Act 2003
7 At the end of subsection 3(1)
Add:
Note: Division 6 of Part 6 has an additional purpose (see section 113E).
8 Section 101 (after the paragraph relating to Division 5)
Insert:
Division 6 allows regulations to prescribe requirements for the purposes of preventing the use of maritime transport or offshore facilities in connection with serious crime.
9 Subsection 105(2)
Omit all the words before paragraph (a), substitute:
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
10 After paragraph 105(2)(b)
Insert:
(ba) the security checking (including background checking) of persons who have access to port security zones;
11 Subsection 109(2)
Omit all the words before paragraph (a), substitute:
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
12 After paragraph 109(2)(b)
Insert:
(ba) the security checking (including background checking) of persons who have access to ship security zones;
13 Subsection 113(2)
Omit all the words before paragraph (a), substitute:
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
14 After paragraph 113(2)(b)
Insert:
(ba) the security checking (including background checking) of persons who have access to on‑board security zones;
15 Subsection 113D(2)
Omit all the words before paragraph (a), substitute:
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
16 After paragraph 113D(2)(b)
Insert:
(ba) the security checking (including background checking) of persons who have access to offshore security zones;
17 At the end of Part 6
Add:
Division 6—Serious crime
113E Purpose of this Division
The purpose of this Division is to prevent the use of maritime transport or offshore facilities in connection with serious crime.
113F Requirements relating to access to zones
(1) The regulations may, for the purposes of preventing the use of maritime transport or offshore facilities in connection with serious crime, prescribe requirements in relation to zones established under this Part.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to zones established under this Part (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the security checking (including background checking) of persons who have access to zones established under this Part.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by a port operator, ship operator, port facility operator or offshore facility operator—200 penalty units; or
(b) for an offence committed by a maritime industry participant, other than a participant covered by paragraph (a)—100 penalty units; or
(c) for an offence committed by any other person—50 penalty units.
18 At the end of section 208
Add:
(9) This Act also has the effect that it would have if its operation were expressly confined to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.