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G20 (Safety and Security) Complementary Bill 2014

2013-2014

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

G20 (Safety and Security) Complementary Bill 2014

 

No.      , 2014

 

(Justice)

 

 

A Bill for an Act about the interaction between the law of the Commonwealth, and the law of Queensland for the G20, and for related purposes

   

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Simplified outline of this Act.............................................................. 2

4............ Definitions.......................................................................................... 2

5............ Designated Brisbane Airport area—declaration.................................. 3

6............ Concurrent operation of the Commonwealth aviation legislation and the Queensland G20 legislation     4

7............ Avoiding inconsistency with the Queensland G20 legislation—acts and liabilities  4

8............ Avoiding inconsistency with the Queensland G20 legislation—functions, duties and powers                4

9............ Avoiding inconsistency with the Queensland G20 legislation—general  5

10.......... Sunset provision................................................................................. 5

 



A Bill for an Act about the interaction between the law of the Commonwealth, and the law of Queensland for the G20, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the G20 (Safety and Security) Complementary Act 2014 .

2   Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3   Simplified outline of this Act

This Act provides that:

       (a)     specified Commonwealth laws about aviation are intended to operate concurrently with the Queensland G20 legislation in relation to certain areas of Brisbane Airport; and

      (b)     the operation of specified Commonwealth laws about aviation is “rolled back”, in relation to certain areas of Brisbane Airport, to the extent necessary to ensure that inconsistency does not arise between those laws and the Queensland G20 legislation.

4   Definitions

                   In this Act:

airside area has the same meaning as in the Aviation Transport Security Act 2004 .

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 .

Commonwealth aviation legislation means the following:

                     (a)  the Airports Act 1996 ;

                     (b)  the Aviation Transport Security Act 2004 ;

                     (c)  a legislative instrument made under an Act referred to in paragraph (a) or (b).

designated Brisbane Airport area means any of the following areas:

                     (a)  the declared area, within the meaning of the G20 (Safety and Security) Act 2013 (Qld), that is shown hatched on the map in Part 2 of Schedule 3 to that Act, as modified under regulations (if any) under subsection 9(2) of that Act;

                     (b)  if an area is specified in a declaration under section 5—the specified area, other than any part of the specified area that is an airside area.

Infrastructure Department means the Department administered by the Minister who administers the Aviation Transport Security Act 2004.

Infrastructure Secretary means the Secretary of the Infrastructure Department.

Queensland G20 legislation means the G20 (Safety and Security) Act 2013 (Qld) and includes regulations or other subordinate legislation made under that Act.

security area has the same meaning as in the G20 (Safety and Security) Act 2013 (Qld).

5   Designated Brisbane Airport area—declaration

             (1)  The Infrastructure Secretary may, by writing, make a declaration specifying an area for the purposes of paragraph (b) of the definition of designated Brisbane Airport area . The specified area must be a security area situated at Brisbane Airport.

             (2)  A copy of a declaration made under subsection (1) must be published in the Gazette.

             (3)  A failure to comply with subsection (2) does not affect the validity of a declaration made under subsection (1).

             (4)  The Infrastructure Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Infrastructure Department the Infrastructure Secretary’s power to make a declaration under subsection (1).

             (5)  In exercising the power delegated under subsection (1), the delegate must comply with any directions of the Infrastructure Secretary.

             (6)  A declaration made under subsection (1) is not a legislative instrument.

6   Concurrent operation of the Commonwealth aviation legislation and the Queensland G20 legislation

                   The Commonwealth aviation legislation is not intended to exclude or limit the operation of the Queensland G20 legislation in relation to a designated Brisbane Airport area, to the extent that the Queensland G20 legislation is capable of operating concurrently with the Commonwealth aviation legislation.

7   Avoiding inconsistency with the Queensland G20 legislation—acts and liabilities

             (1)  A provision of the Commonwealth aviation legislation does not:

                     (a)  prohibit the doing of an act in relation to a designated Brisbane Airport area; or

                     (b)  impose a liability (whether civil or criminal) for doing such an act;

if the doing of that act is specifically authorised or required by or under the Queensland G20 legislation.

             (2)  A provision of the Commonwealth aviation legislation does not:

                     (a)  authorise or require the doing of an act in relation to a designated Brisbane Airport area; or

                     (b)  impose a liability (whether civil or criminal) for not doing such an act;

if the doing of that act is specifically prohibited by or under a provision of the Queensland G20 legislation.

8   Avoiding inconsistency with the Queensland G20 legislation—functions, duties and powers

             (1)  A provision of the Commonwealth aviation legislation does not:

                     (a)  prohibit the performance of a function or duty, or the exercise of a power, in relation to a designated Brisbane Airport area; or

                     (b)  impose a liability (whether civil or criminal) for the performance of such a function or duty, or the exercise of such a power;

if the performance of that function or duty, or the exercise of that power, is specifically authorised or required by the Queensland G20 legislation.

             (2)  A provision of the Commonwealth aviation legislation does not:

                     (a)  authorise or require the performance of a function or duty, or the exercise of a power, in relation to a designated Brisbane Airport area; or

                     (b)  impose a liability (whether civil or criminal) for not performing such a function or duty, or exercising such a power;

if the performance of that function or duty or the exercise of that power is specifically prohibited by or under a provision of the Queensland G20 legislation.

9   Avoiding inconsistency with the Queensland G20 legislation—general

                   A provision of the Commonwealth aviation legislation that would, apart from this section, operate in relation to a designated Brisbane Airport area, does not operate in relation to that area to the extent necessary to ensure that no inconsistency (including operational inconsistency) arises between:

                     (a)  the provision of the Commonwealth aviation legislation; and

                     (b)  a provision of the Queensland G20 legislation that would, but for this section, be inconsistent with the provision of the Commonwealth aviation legislation.

10   Sunset provision

                   The provisions of this Act cease to have effect:

                     (a)  at the end of 18 November 2014; or

                     (b)  if an earlier date is stated in a regulation made for the purposes of subsection 102(3) of the G20 (Safety and Security) Act 2013 (Qld)—at the end of that date.