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G20 (Safety and Security) Complementary
Bill 2014
Portfolio:
Justice
Introduced: House
of Representatives, 20 March 2014
Purpose
1.1
The G20 (Safety and Security) Complementary Bill 2014 (the bill) creates
a new standalone Commonwealth Act intended to clarify the interaction between
provisions in the G20 (Safety and Security) Act 2013 (Qld) and existing
Commonwealth legislation at the Brisbane Airport during the 2014 G20 Summit,
which is to be held in Brisbane in November 2014.
1.2
The new Act will provide for specified Commonwealth aviation laws
(including regulations or other subordinate legislation made under Commonwealth
aviation legislation) to operate concurrently with the G20 (Safety and
Security) Act 2013 (Qld). The operation of the specified Commonwealth aviation
laws will be 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 those
areas.
Background
1.3
The committee reported on the bill in its Sixth Report of the 44th
Parliament.
Committee view on compatibility
Multiple rights
Human rights assessment of state
laws applied by Commonwealth laws
1.4
The committee requested the Minister for Justice's advice on the
compatibility of the measures in the Queensland Act with human rights, insofar
as they will apply as Commonwealth laws.
Minister's response
The [G20 (Safety and Security) Act 2013 (the Queensland Act)]
was enacted by the Queensland Parliament to provide powers, offences and other
arrangements it considers necessary to ensure the safety and security of the
G20 Summit to be held in Queensland this year. These arrangements are consistent
with arrangements for previous special events in Australia, such as the Asia
Pacific Economic Cooperation forum in 2007 and the Commonwealth Heads of
Government Meeting in 2011.
The powers conferred by the Queensland Act are exercisable
for a limited period and apply only at those locations specified in the
Queensland Act. This includes part of the Brisbane Airport which is a
Commonwealth place.
The Bill does not apply the Queensland legislation, including
its powers, in circumstances where that legislation otherwise would not - the
Queensland Act already applies the relevant provisions to the declared security
area at the Brisbane Airport. The Bill will confirm that the provisions in the
Queensland Act and those in existing Commonwealth aviation legislation apply
concurrently at that Commonwealth place. In addition, to avoid confusion about
the source of any powers being exercised at a particular time, the Bill
clarifies that, in the event there is any overlap between those sets of
provisions, the provisions in the Queensland Act prevail.
In other words, the Bill does not extend the application of
the Queensland provisions to any additional locations. It merely avoids
ambiguity by addressing any potential overlap in the two sets of laws for an
effective period of five days in November.
On this basis, the Bill will not substantially engage and
limit human rights.
Committee response
1.5
The committee thanks the Minister for Justice for his response.
1.6
However, the committee reiterates that the Queensland Act contains
a number of provisions which augment existing Queensland law, and which
potentially engage and limit a range of human rights.
1.7
The committee notes that the response does not address the
committee's original request as to the compatibility of the measures in the
Queensland Act with human rights, insofar as they will apply as Commonwealth
laws.
1.8
The committee, therefore, intends to write to the Minister for
Justice seeking a detailed assessment of the compatibility of the measures in
the Queensland Act with human rights, insofar as they will apply as
Commonwealth laws.
Application of State laws to
Commonwealth places under the Commonwealth Places Act
1.9
To facilitate the committee's assessment of the Commonwealth Places
(Application of Laws) Act 1970, the committee requested that the Minister
for Justice provide a statement of compatibility for that Act, particularly
with respect to the question of the compatibility of measures that have or may
be applied as Commonwealth law by its operation.
Minister's response
The Commonwealth Places Act ensures that State laws can apply
to Commonwealth places within each jurisdiction to facilitate consistent and
seamless application of each State's laws across the jurisdiction. Because it
is necessary for the Commonwealth Places Act to apply to a large number of
State laws, it has been framed in open and general terms so that State laws
apply automatically to Commonwealth places without first needing to be
identified and specifically prescribed.
The Commonwealth Places Act applies State laws to
Commonwealth places within that State. The Act is facilitative, rather than
enacting specific powers and obligations in its own right. Accordingly, the
Commonwealth Places Act would have the same impact on Australia's human rights
obligations as the relevant State laws being applied.
Committee response
1.10
The committee thanks the Minister for Justice for his response.
1.11
The committee appreciates the objective being pursued by the
Commonwealth Places Act. However, the committee remains of the view that it
would be appropriate for a statement of compatibility to be prepared for the
Commonwealth Places Act, particularly as it is framed in such open and general
terms and allows State laws to automatically apply to Commonwealth places.
1.12
The committee therefore requests that the Minister for Justice
provide a statement of compatibility for the Commonwealth Places
(Application of Laws) Act 1970.
1.13
The committee notes that identification of particular state laws
that impact on the assessment, as well as the number and area of Commonwealth
places, would be particularly relevant to the human rights assessment.
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