Crimes Legislation Amendment (Police Powers at Airports) Bill 2019

The majority voted in favour of an amendment introduced by South Australian Senator Rex Patrick (Centre Alliance), which means it succeeded. The bill will now need to be returned to the House of Representatives, where our MPs will decide on whether they agree with this amendment or not.

The amendment will introduce a sunset provision into the bill so that the new powers will need to be reconsidered once four years have passed. The Parliamentary Joint Committee on Intelligence and Security is will be conducting a review of this legislation in three years time, so Parliament should have the benefit of that review by that time.

Amendment text

(1) Schedule 1, item 1, page 3 (before line 8), before section 3UL, insert:

3ULA Expiration of this Division

This Division is repealed at the start of the day after the end of the period of 4 years beginning on the day the Crimes Legislation Amendment (Police Powers at Airports) Act 2019 commenced.

What does the bill do?

According to the bills digest:

The Crimes Legislation Amendment (Police Powers at Airports) Bill 2019 (the 2019 Bill) will amend the Crimes Act 1914 to:

• expand existing police powers to require identity information from a person at a major airport
• introduce new move-on powers for police under which they may give a written direction to a person at a major airport that the person not take a flight, or leave the airport as soon as possible
• introduce new powers for police to give a direction to a person at a major airport that the person stop or do anything else considered necessary to facilitate the exercise of the identity information request or move-on powers and
• allow the Minister to determine by legislative instrument that certain airports are major airports for the purposes of the exercise of powers outlined above.

While the existing identity-checking power may only be exercised by a constable, the expanded and new powers in the Bill will be available to constables and Australian Federal Police (AFP) protective service officers (PSOs). Contravening a direction will be an offence.