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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
G20 (SAFETY AND SECURITY) COMPLEMENTARY BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of the
Minister for Justice, the Hon Michael Keenan MP)
G20 (SAFETY AND SECURITY) COMPLEMENTARY BILL 2014
GENERAL OUTLINE
This Bill will create a new standalone Commonwealth Act clarifying the interaction
between provisions in the G20 (Safety and Security) Act 2013 (Qld) and existing
Commonwealth legislation at the Brisbane Airport during the G20 Summit in 2014 in
Queensland.
PURPOSE
The G20 (Safety and Security) Act 2013 (Qld) provides police officers and appointed
persons special powers for the purposes of the G20 Summit. Those powers supplement
the powers available under the Police Powers and Responsibilities Act 2000 (Qld), and are
designed to ensure the security and safety of the G20 Summit, events and delegates,
members of the public and private and public property. The powers are exercisable for a
limited period and apply only with respect to certain specified locations, including the
Brisbane Airport, which is a Commonwealth place.
This Bill provides mechanisms for dealing with any overlap between provisions in the G20
(Safety and Security) Act 2013 (Qld) and existing Commonwealth legislation in their
application to the relevant part or parts of the Brisbane Airport, which is a Commonwealth
place. This will ensure police officers and other appointed or authorised persons will have a
clear understanding of the powers available to them at the Brisbane Airport during the
G20 Summit.
FINANCIAL IMPACT STATEMENT
The Bill will have no impact on Government revenue.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
G20 (Safety and Security) Complementary Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Bill will clarify any overlap between provisions in the G20 (Safety and Security)
Act 2013 (Qld) and existing Commonwealth legislation in their application to the relevant
part or parts of the Brisbane Airport, which is a Commonwealth place.
The Bill will not create any additional law enforcement powers to those in the G20 (Safety
and Security) Act 2013 (Qld) or in other existing legislation.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
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NOTES ON CLAUSES
Clause 1 - Short title
This clause provides that, when enacted, the Bill may be cited as the G20 (Safety and
Security) Complementary Act 2014.
Clause 2 - Commencement
This clause provides that the Act commences on the day it receives the Royal Assent.
Clause 3 - Simplified outline of this Act
This clause sets out a simplified outline of the Act to assist readers to understand the
substantive provisions.
The Act provides for specified Commonwealth aviation laws to operate concurrently with the
G20 (Safety and Security) Act 2013 (Qld), including regulations or other subordinate
legislation made under that Act. The operation of the specified Commonwealth aviation laws
is rolled back with respect to certain areas of the Brisbane Airport (a Commonwealth place)
to avoid inconsistency with the Queensland G20 legislation. To the extent that they are not
inconsistent with the Queensland G20 legislation, Commonwealth aviation laws will continue
to apply to this area.
The outline is not intended to be comprehensive, and readers should refer to the individual
substantive provisions in the Act to determine the content and meaning.
Clause 4 - Definitions
This clause sets out a number of definitions for certain terms used in the Act.
Clause 4 provides that airside area has the same meaning as in the Aviation Transport
Security Act 2004.
Clause 4 provides that Brisbane Airport means the place referred to in paragraph 1.03(1)(e)
of the Airports Regulations 1997, to the extent that the place is a Commonwealth place within
the meaning of the Commonwealth Places (Application of Laws) Act 1970.
Clause 4 provides that, for the purposes of this Act, Commonwealth aviation legislation
means the Aviation Transport Security Act 2004, the Airports Act 1996 and a legislative
instrument made under the Aviation Transport Security Act 2004 or the Airports Act 1996.
Clause 4 provides that designated Brisbane Airport area means the declared area that is
hatched on the map in Part 2 of Schedule 3 of the G20 (Safety and Security) Act 2013 (Qld)
as modified under regulations under subsection 9(2) of that Act, which may reduce the size of
this declared area or exclude a place or an area from this declared area. It also includes any
additional security area that is specified in a declaration by the Infrastructure Secretary under
clause 5, other than any part of the specified area that is an airside area.
Clause 4 provides that Infrastructure Department means the Department administered by the
Minister who administers the Aviation Transport Security Act 2004
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Clause 4 provides that Infrastructure Secretary means the Secretary of the Infrastructure
Department.
Clause 4 provides that Queensland G20 legislation means the G20 (Safety and Security)
Act 2013 (Qld) and includes regulations or other subordinate legislation made under that Act.
Clause 4 provides that security area has the same meaning as in the G20 (Safety and
Security) Act 2013 (Qld). This term is defined in section 7 of the Queensland G20
legislation.
Clause 5 - Designated Brisbane airport area-declaration
This clause provides a mechanism for the Commonwealth to quickly declare that an area
designated as an additional security area under the Queensland G20 legislation is covered by
this Act by bringing it within the meaning of designated Brisbane Airport area.
Subclause 5(1) authorises the Infrastructure Secretary to declare in writing that an area
situated at the Brisbane airport that is a security area under the Queensland G20 legislation is
a designated Brisbane Airport area within the meaning of this Act. This method is
appropriate as it may be necessary for an area to be declared as a designated Brisbane Airport
area in a short period of time for operational reasons. A declaration under this section would
only have effect until this Act ceases on 18 November 2014. A declaration by the
Infrastructure Secretary can cover the whole or a part of an additional security area that is
designated under the Queensland G20 legislation.
While subclause 5(2) requires the Infrastructure Secretary to publish a copy of any such
declaration in the Gazette, subclause 5(3) provides that a failure to do so does not affect the
validity of the declaration. This ensures any actions taken in reliance on the declaration are
not invalidated simply because the declaration was not published.
Subclause 5(4) authorises the Infrastructure Secretary to delegate the power to make a
declaration under subclause 5(1) to an SES employee, or an acting SES employee, within the
Infrastructure Department. This delegation power is necessary to ensure that a declaration
can be made in a timely manner.
Subclause 5(5) requires a delegate to comply with any directions of the Infrastructure
Secretary in exercising a power delegated under subclause 5(1).
Subclause 5(6) exempts a declaration made under this section from being a legislative
instrument. This is appropriate because, in the event there is a need for the Infrastructure
Secretary to declare an area under this section, it is likely to be time critical and in response
to an existing or emerging operational situation. It would be impractical for such a
declaration to only have effect following registration in the Federal Register of Legislative
Instruments or at the expiry of a disallowance period.
This exemption is consistent with aviation security-related instruments, other than
regulations, made under the Aviation Transport Security Act 2004 (ie section 28(2) of that
Act). Such instruments are declared not to be legislative instruments for the purpose of
subsection 7(1) of the Legislative Instruments Act 2003 by Item 1 of Part 2 of Schedule 1 to
the Legislative Instruments Regulations 2004.
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Clause 6 - Concurrent operation of the Commonwealth aviation legislation and the
Queensland G20 legislation
This clause makes it clear that the Queensland G20 legislation operates concurrently with the
Commonwealth aviation legislation, and there is no intention for the Commonwealth aviation
legislation to limit or exclude the operation of the Queensland G20 legislation with respect to
the areas within Brisbane Airport that are covered, or will be covered, by the Queensland
G20 legislation. This clause is intended to allow the Queensland G20 legislation to operate to
the extent possible at these areas.
Clause 7 - Avoiding inconsistency with the Queensland G20 legislation-acts and
liabilities
This clause provides mechanisms for dealing with the possible interaction between acts that
are prohibited, required or authorised and liabilities that are imposed under the Queensland
G20 legislation and acts that are prohibited, required or authorised and liabilities that are
imposed under Commonwealth aviation legislation. This provision is intended to cover acts
specified in or under the Queensland G20 legislation and to also extend to instances of
potential operational inconsistency.
Subclause 7(1) provides that where an act is specifically authorised or required by or under
the Queensland G20 legislation, the Commonwealth aviation legislation neither prohibits the
doing of an act in relation to the designated Brisbane Airport area nor imposes a liability for
doing that act. For example, if a direction was given to a person under the Queensland G20
legislation that conflicted with a requirement in the Aviation Transport Security Act, the
person would not be penalised for not complying with the Aviation Transport Security Act.
Similarly, subclause 7(2) provides that where an act is specifically prohibited by or under the
Queensland G20 legislation at the designated Brisbane Airport area, Commonwealth aviation
legislation will not operate to require or authorise the doing of such an act, nor impose a
liability for not doing such an act.
Clause 8 - Avoiding inconsistency with the Queensland G20 legislation--functions,
duties and powers
This clause provides mechanisms for dealing with the interaction between functions, duties
and powers that are authorised, prohibited, imposed or required under the Queensland G20
legislation and those functions, duties and powers that are prohibited, imposed, authorised or
required under Commonwealth aviation legislation. This provision is intended to cover
functions, duties and powers specified in or under the Queensland G20 legislation and to also
extend to instances of potential operational inconsistency.
Clause 8(1) provides that where the Queensland G20 legislation specifically authorises or
requires the exercise of a function, duty or power, Commonwealth aviation legislation will
neither prohibit the performance of the relevant function, duty or power, nor impose a
liability for performing the function, duty or power.
Clause 8(2) provides that where the Queensland G20 legislation specifically prohibits the
exercise of a function, duty or power, Commonwealth aviation legislation will not require or
authorise the performance of that function, duty or power, and will not impose a liability for
not performing that function, duty or power.
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Clause 9 - Avoiding inconsistency with the Queensland G20 legislation - general
This clause ensures that, to the extent of any inconsistency between the Queensland G20
legislation and Commonwealth aviation legislation in relation to the designated Brisbane
Airport area, including operational inconsistency, the Queensland G20 legislation prevails.
This clause is necessary to cover circumstances that may give rise to inconsistency but are
not captured by clauses 6, 7 and 8.
Clause 10 - Sunset provision
This clause provides that the provisions of this Act will cease to have effect at the end of
18 November 2014, unless an earlier date is stated in regulations under subsection 102(3) of
the Queensland G20 legislation. The 18 November 2014 date is the day after the final day of
the final meeting of the G20 Summit. Security areas established under the Queensland G20
legislation as passed will cease to have effect on 17 November 2014.
Section 102 of the Queensland G20 legislation makes provision for the cancellation of the
G20 Summit by allowing for the Queensland G20 legislation to expire at a date provided by
regulations.
While some of the provisions in the Queensland G20 legislation will not expire until one year
later, this Act will cease to have effect the day after the conclusion of the G20 Summit unless
an earlier date is prescribed.
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