30th Mar 2017, 12:52 PM – Representatives Transport Security Amendment (Serious or Organised Crime) Bill 2016 - Consideration of Senate Message - Serious and/or organised crime

The majority voted to reject the amendments made in the Senate and replace them with other government amendments.

This means that the bill will now have to go back to the Senate, where the senators will have to decide whether they agree with the new government amendments. If not, the bill won't be passed.

The bill relates to the ASIC And MSIC schemes. The bills digest explains that:

A security card, known as an Aviation Security Identification Card (ASIC) or a Maritime Security Identification Card (MSIC), is required by individuals in Australia if they require regular access to secure areas of Australia’s airports, seaports, Australian flagged ships, and offshore oil and gas facilities.

What were the Senate amendments?

The Senate amendments (known as amendments (1) to (6) and (9) to (12)), would have replaced the words “serious or organised” with the words “serious and organised”.

Deputy Leader of the House Darren Chester explained that the Government rejected this change:

because it would only capture individuals who have been convicted of a serious and organised crime. Both elements would be required. Committing just a serious crime would not be captured in this case ... It would mean that someone who has a conviction for a serious crime but who acted alone in committing the crime would likely be able to successfully appeal a refusal of an ASIC or MSIC to the Administrative Appeals Tribunal.

What are the new government amendments?

Due to the concerns raised in the Senate about the words "serious or organised crime" in the bill - for example, there were concerns that these words may let the Government stop people with non-serious convictions from getting an ASIC or MSIC - the Government introduced amendments to replace those words with just "serious crime".

Deputy Leader of the House Darren Chester explained that this change:

will remove any doubt that the bill is targeting those convicted of serious criminal offences. People who have committed minor infringements will not be caught up by this bill. 'Serious crime' will still encompass organised crime that is of a serious nature.

What's this bill all about?

The bill relates to access to aviation and maritime areas and zones by, for example, changing the eligibility criteria for an Aviation Security Identification Card (ASIC) and Maritime Security Identification Card (MSIC). Read the bills digest for more information.