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78 SENATE Tuesday, 14 February 2017 generation by and in partnership with COAG and the Aboriginal and Torres Strait Islander people; secure national funding agreements between Commonwealth, states and territories like the former national partnership agreements, which emphasise accountability to Aboriginal and Torres Strait Islander peoples and drive the implementation of national strategies; commit to working with Aboriginal and Torres Strait Islander leaders to establish a department of Aboriginal and Torres Strait Islander affairs in the future; and commit to addressing the unfinished business of reconciliation. The calls of this document are very clear. There is a determination by Aboriginal people to have their voices heard to bring forward the solutions to the problems of their community, and I applaud the efforts in pulling that together. I hope that when I give a report next year we do not get five fails out of six categories. Question agreed to. BILLS Transport Security Legislation Amendment Bill 2016 Second Reading Consideration resumed of the motion: That this bill be now read a second time. Senator FARRELL (South Australia—Deputy Leader of the Opposition in the Senate) (18:58): I rise to speak this evening on the Transport Security Legislation Amendment Bill 2016. I rise to support the Transport Security Legislation Amendment Bill 2016. Aviation security must always come before partisan politics. This has always been Labor's commitment in both government and in opposition. This legislation provides some simple but necessary changes that will ensure it is up to date with a modern system of transport security, which I am sure you are very familiar with, Acting Deputy President Gallacher. Importantly it seeks to ensure the right balance between privacy and security, upholding Australia's commitment to an equal and non-discriminatory screening program. All Australians expect the Commonwealth to ensure that ongoing vigilance, particularly in the aviation and airport sector, is awarded the utmost importance. Transport safety in today's world is dynamic. Governments must respond to threats, as they emerge, with appropriate legislative changes. This legislation will play an essential role in ensuring that this continues to occur. It will update the process airports use for screening of people, vehicles and goods which are already in a security zone at the airport, bringing it into line with international standards. While legislation currently permits screening of people, vehicles and goods when entering a security zone, there is no additional provision for the random screening of these when already inside a security zone. The main aim of the legislation is to provide this authority, while also reinforcing that any screening must be consistent with the random and unpredictable approach. In its simplest form this legislation provides another layer of security at airports. The use of this authority will be a matter between the airport and the Office of Transport Security, the government body that approves transport security plans for each airport. The government has indicated that these in-zone screening arrangements will initially apply at the following nine airports: Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, Darwin Gold Coast and Cairns. Importantly, this legislation sits alongside enhanced security awareness training for employees and contractors who work in security zones. It also authorises greater delegation of powers under aviation and maritime transport security legislation to facilitate quicker responses. While the government has highlighted removal of regulatory constraints as a benefit, Labor believes transport security is too important to simply be an exercise in extending light-handed regulation. Regulatory settings should always be reviewed. But Labor's main reason for supporting this legislation is first and foremost because it updates security measures so they are consistent with world standards. The legislation also includes an additional sensible option to enhance the central objective of removing threats to aviation security. Australia has always taken aviation security seriously. We are a signatory to the Convention on International Civil Aviation, known as the Chicago Convention. Recently the International Civil Aviation Organization, established under the Chicago Convention, has increased standards for screening of persons, goods and vehicles in security controlled zones at airports. Australian legislation should be updated to reflect this higher standard, which is what this amendment bill will achieve. We know from recent events, including the bombing of the Metrojet flight in Egypt in October 2015 and the attempted bombing of the Daallo Airlines flight in Somalia in February last year, that even potential threats require action. Of course, these changes must ensure people's rights to equal treatment and privacy continue to be protected. The explanatory memorandum to this legislation outlines its commitment to both of these in the formal statement of compatibility with human rights. On equality and non-discrimination it says: CHAMBER

Tuesday, 14 February 2017 SENATE 79 All people have the right to be treated equally. In keeping with Australia's egalitarian screening regime applied to aviation passengers, selection of airport and airline workers, visitors and contractors for screening inside the security restricted areas (SRAs) of airports will be conducted on a purely random basis. Individuals will not be selected according to their race, religion, gender, or any other personal characteristic. In respect of privacy it says: In cases where a frisk search is necessary the individual may request that procedure to occur in a private room or within a screened area. A frisk search will always be undertaken by someone of the same gender as the person being searched. We expect airports and the government to ensure that appropriate arrangements exist for this to occur on all occasions. Importantly, this statement enshrines people's rights while also underpinning a robust and effective screening program. The explanatory memorandum explicitly states that racial and other profiling will not apply to searches and that frisk searches will be conducted by a person of the same gender. This builds on Labor's strong track record for aviation and airport security. When in government we oversaw the strengthening of the security regime applying to air cargo, committing $54.2 million to install X-ray screening technology at freight depots. We also invested an additional $200 million in the nation's aviation security. Much of this funding facilitated the introduction of new and improved security technologies at airports, including the latest body scanners, next generation multiview X-ray machines and bottle scanners capable of detecting liquid based explosives. It also provided for increased policing at airports, enhanced security procedures and strengthened international cooperation. We improved security at regional airports, introducing legislation that requires domestic checked baggage screening at all regional airports operating RPT services. With more than 150 million passengers flying through Australian skies each year, Labor will always support sensible measures that protect Australian citizens and continue the nation's reputation for aviation safety. Australia has an enviable aviation safety record. It is a credit to our existing system of regulation and to all participants in the system, including airports and airlines. This legislation is consistent with maintaining that record. Senator RICE (Victoria) (19:06): I rise today to provide some comments on the Transport Security Legislation Amendment Bill 2016 and will begin by noting that the Greens are supportive of the measures contained in this bill and feel that they are an accurate and appropriate way to balance the issues between security and protecting people's rights. In amending the Aviation Transport Security Act 2004, the bill is providing for 'additional security measures to allow people, vehicles or goods to undergo aviation security screening within an airside area or zone at a security controlled airport', to quote the bill's explanatory memorandum. We see the measures proposed in the bill as reasonable steps that complement existing airport security protocols by allowing for screening to occur within the airside zone at a security controlled airport in addition to the screening point where someone enters the zone. We all know as passengers the screening we have to go through to get into the security controlled zone. This essentially is adding to that. In particular for people working within that zone—for anybody within that zone—this gives the opportunity for those extra screening measures to take place. We feel that these measures in this bill are a good balance between providing safety and security versus privacy and the right of movement for people at our airports. The Greens recognise that we do have sensible measures in place at our airports to address the possibility of violence or terrorist attack, and we note that this bill assists Australia to meet its obligations under the Convention on International Civil Aviation. We recognise that there are particular security considerations that we need to take into account at airports to ensure the safety of travellers and workers who are moving through airports and flying between them. When you are up there in the plane and there are security issues, there is nowhere else to go. It is a particularly point place to be. So, we need to make wise judgements. We need to make sure that we get that balance right. We need to make sure that when people are at airports and are flying they are safe while but at the same time to do that without unduly impacting upon people's rights and without unduly creating a climate of fear. People need to have the certainty and the confidence that they are going to be safe but not a sense of overt control that makes them feel that it is a very unsafe and fearful place to be. In creating a safe and harmonious society, it is really antithetical if we have people living in a climate of constant fear. However, we think the government's bill represents a useful step to ensure that safety sits alongside the existing screening arrangements in Australian airports. A key element of this bill is that we want to make sure that the additional screening that takes place is random, that it is not racially profiling people or picking out a particular group of people under the presumption or the hunch that they are going to be more likely to be security risks. I think it is particularly worth noting that the bill does specify that the random screening events are just that— random—because it would be a serious breach of civil rights if people were in some way profiled before being identified for screening. CHAMBER