We could be fined up to $4,200, imprisoned, ejected from airports, banned from flights if we don't show identification when demanded by police if proposed legislation [Crimes Legislation Amendment (Police Powers at Airports) Bill 2018] passes. No warrants; no oversight ...we must provide ID if a "constable or protective service officer ... suspects on reasonable grounds that the person has committed, is committing, or intends to commit an offence [or] considers on reasonable grounds that it is necessary ... to safeguard aviation security." [Section 3UN (1) (i) and (ii)]
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Based on suspicion alone, we could be limited "not to take ... any flight [for up to] 24 hours ... to leave the airport premises ... and not enter [the] premises of any specified major airport, for a specified period of no more than 24 hours." [Section 3UO (a) and (b)]
"Reasonable suspicion" requires "[s]ome factual basis ... may be based on hearsay material or materials ... inadmissible in evidence [and] must have some probative value." [R v Rondo, NSWCCA 540 (24 December 2001), paragraph 53]
The law wouldn't require providing the "factual basis" behind the "reasonable suspicion."
"The proposed powers are commensurate with aviation security threats and will help our police protect the Australian community." [Home Affairs Minister Dutton, 12 September]
Fanning fears, waving the threats and security flag. Today, at airports; tomorrow, at sporting venues? In a few years, on our streets? I don't always carry ID, and I won't provide information without learning the "factual basis" behind the demand. Fine me; imprison me; whatever. I'm not guilty. No matter what the suspicions.
Judy Bamberger,
O'Connor, ACT