Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Inspector of Transport Security Bill 2006

Part 9 Miscellaneous

   

80   Inspector to minimise disruption to transport

                   In exercising powers and performing functions under this Act, the Inspector must have regard to the desirability of minimising any resulting disruption to:

                     (a)  transport by means of transport vehicles; and

                     (b)  the operation of security regulated offshore facilities.

81   Inspector to act consistently with Australia’s international obligations

                   The Inspector, and each delegate of the Inspector, must exercise the Inspector’s powers and perform the Inspector’s functions under this Act in a manner that is consistent with Australia’s obligations under international agreements (as in force from time to time) that are identified by the regulations for the purposes of this section.

82   Delegation

             (1)  The Inspector may, by writing, delegate all or any of the Inspector’s powers and functions to:

                     (a)  an SES employee; or

                     (b)  a person who holds or performs the duties of an APS Executive Level 1 or 2 position or an equivalent position; or

                     (c)  a person who:

                              (i)  is engaged by the Commonwealth, under contract or otherwise, to exercise powers, or perform functions, of the Inspector under this Act; and

                             (ii)  satisfies the criteria prescribed by the regulations.

             (2)  The Executive Director may, by writing, delegate all or any of the Executive Director’s powers and functions under this Act to:

                     (a)  an SES employee; or

                     (b)  a person who holds or performs the duties of an APS Executive Level 1 or 2 position or an equivalent position.

83   States and Territories may confer powers and functions on Inspector

             (1)  A law of a State or Territory may confer powers and functions on the Inspector.

             (2)  In enacting subsection (1), it is the intention of the Parliament to rely on all powers available to it under the Constitution.

             (3)  To the extent that the Inspector has a power or function that is conferred, or taken to be conferred, by the law of a State or Territory:

                     (a)  that power or function is not taken to be conferred by Commonwealth law; and

                     (b)  subsection (1) is not taken to authorise the conferral of the power or function;

if the conferral or authorisation would contravene a constitutional doctrine restricting the powers and functions that may be conferred on authorities or officers of the Commonwealth, or would otherwise exceed the legislative power of the Commonwealth.

             (4)  If, to ensure the validity of the conferral of a power or function purportedly conferred on the Inspector by a law of a State or Territory, it is necessary that the power or function be conferred by a law of the Commonwealth, rather than by a law of a State, the power or function is taken to be conferred by this Act to the extent necessary to ensure that validity.

             (5)  If, because of subsection (4), this Act is taken to confer a power or function upon the Inspector, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the conferral of the power or function.

             (6)  Subsections (4) and (5) do not limit subsection (1).

84   Immunity for actions under this Act

             (1)  This section does not apply to the copying, recording use or disclosure of protected information, OBR information, CVR information, or restricted information.

             (2)  This section applies where a person acts:

                     (a)  in the exercise of a power, or the performance of a function under this Act; or

                     (b)  in the honest and reasonable belief that the person is exercising a power, or performing a function under this Act; or

                     (c)  as otherwise permitted, either expressly or by implication, under this Act; or

                     (d)  in the honest and reasonable belief that he or she is acting as otherwise permitted, either expressly or by implication, under this Act.

             (3)  The person is not liable:

                     (a)  to any proceedings for contravening any other law because of that conduct; or

                     (b)  to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct; or

                     (c)  to disciplinary action, or to a disciplinary sanction, of any kind because of that conduct.

85   Immunity for failure to act

             (1)  This section applies in the following circumstances:

                     (a)  the Minister fails to take action in the course of doing any thing:

                              (i)  in the exercise of a power, or the performance of a function under this Act; or

                             (ii)  in the honest and reasonable belief that the Minister is exercising a power, or performing a function under this Act; or

                            (iii)  permitted, either expressly or by implication, to be done under this Act; or

                            (iv)  that the Minister honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;

                     (b)  the Inspector fails to take action in the course of doing any thing:

                              (i)  in the exercise of a power, or the performance of a function under this Act; or

                             (ii)  in the honest and reasonable belief that the Inspector is exercising a power, or performing a function under this Act; or

                            (iii)  permitted, either expressly or by implication, to be done under this Act; or

                            (iv)  that the Inspector honestly and reasonably believes is permitted, either expressly or by implication, to be done under this Act;

                     (c)  a person fails to take action in the course of doing any thing:

                              (i)  permitted to be done under a delegation under section 82; or

                             (ii)  that the person honestly and reasonably believes is permitted to be done under a delegation under section 82.

             (2)  Neither the Minister, the Inspector nor the person is liable:

                     (a)  to any proceedings for contravening any other law because of that conduct; or

                     (b)  to civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.

86   Certification by Inspector of a person’s involvement in an inquiry

                   The Inspector may issue a certificate stating that a specified person:

                     (a)  is exercising or has exercised powers under this Act in relation to a specified matter; or

                     (b)  is performing or has performed functions under this Act in relation to a specified matter; or

                     (c)  is assisting or has assisted another person in the exercise of powers or the performance of functions under this Act in relation to a specified matter.

87   Compellability as a witness

             (1)  A person is not obliged to comply with a subpoena or similar direction of a court or tribunal to attend and answer questions relating to a matter if:

                     (a)  the person:

                              (i)  is exercising or has exercised powers under this Act in relation to the matter; or

                             (ii)  is performing or has performed functions in relation to the matter; or

                            (iii)  is assisting or has assisted another person in the exercise of powers or the performance of functions under this Act in relation to the matter; and

                     (b)  the Inspector has issued a certificate under section 86 for the person in relation to the matter.

             (2)  This section does not apply to a coronial inquiry.

             (3)  This section has effect despite any other law.

88  Fees for attendance at coronial inquiries

             (1)  If:

                     (a)  a person:

                              (i)  is exercising or has exercised powers under this Act in relation to the matter; or

                             (ii)  is performing or has performed functions under this Act in relation to the matter; or

                            (iii)  is assisting or has assisted another person in the exercise of powers or the performance of functions under this Act in relation to the matter; and

                     (b)  the person appears as a witness in a coronial inquiry; and

                     (c)  the person is asked to give an expert opinion; and

                     (d)  the Inspector has issued a certificate under section 86 in relation to the matter that is being investigated at the coronial inquiry;

then the State or Territory concerned is liable to pay a fee to the Commonwealth in respect of the expenses of that attendance.

             (2)  The amount of the fee, and the due date for payment, are to be determined under the regulations.

             (3)  If the fee remains unpaid, then it can be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

89   Legal representation at coronial inquiry

             (1)  If a person appears as a witness in a coronial inquiry and:

                     (a)  the person is asked to give an expert opinion; or

                     (b)  the Inspector has issued a certificate under section 86 for the person in relation to a matter that is being investigated at the coronial inquiry;

then the person is entitled to legal representation in respect of that appearance.

             (2)  This section does not, by implication, affect any entitlement to legal representation that a person has in circumstances not covered by subsection (1).

90   Operation of section 503A of the Migration Act 1958 not affected

                   Nothing in this Act affects the operation of section 503A of the Migration Act 1958 .

91   Powers of Parliament and Royal Commissions not affected

                   Nothing in this Act affects the information-gathering powers of:

                     (a)  the Parliament or a House of the Parliament; or

                     (b)  a Royal Commission.

92   Compensation for acquisition of property

             (1)  If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

93   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.