Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998 – 1999 – 2000
– 2001
THE PARLIAMENT OF
THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
AUSTRALIAN
COAST GUARD BILL 2001
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the
Hon Kim Beazley MP)
AUSTRALIAN COAST GUARD BILL
2001
OUTLINE
1. The
purpose of the Australian Coast Guard Bill 2001 (“this Bill”) is to
provide the framework for the establishment of the Australian Coast Guard as a
Commonwealth maritime police agency.
2. The
Australian Coast Guard is necessary to protect Australian waters and
Australia’s borders from an increasing range of criminal, environmental
and other threats.
FINANCIAL IMPACT
STATEMENT
3. There is no direct financial
impact arising from the provisions of this Bill. Commitment to additional
establishment funding, to the extent determined by the Parliament, can be
provided for in future appropriations Bills.
4. The
budget of the Australian Coast Guard will pull together existing coastal
surveillance and operations resources from across government departments and
agencies, particularly Coastwatch, the Australian Customs Service, Australian
Maritime Search and Rescue, the Australian Fisheries Management Authority and
the Department of Immigration and Multicultural Affairs. This will achieve
considerable economies of scale through streamlined administrative arrangements,
resource-sharing, and operational
coordination.
5. Further, the Fremantle patrol boat
capability of the Royal Australian Navy will be transferred to the Australian
Coast Guard.
6. The costs associated with effective
policing of Australian waters will be offset with the resultant reduction in
criminal activity, and protection of environmental and economic
interests.
AUSTRALIAN COAST GUARD BILL
2001
NOTES ON INDIVIDUAL
CLAUSES
Clause 1 Short
title
1. The short title by which this Act
may be cited is the Australian Coast Guard Act
2001.
Clause
2 Commencement
2. This clause provides that
the Act commences on a day to fixed on proclamation, and that such day must be
after the Parliament has appropriated any funds necessary for this Act, and has
passed the motions referred to in section 4(2) and section
6(2).
Clause
3 Interpretation
3. This clause defines
certain terms that are used in the
Act.
4. “Coastal area” is
defined to mean the area comprising the waters of:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or an internal Territory.
5. “Constable” includes a member of the police force of a State or Territory.
6. “Officer of police” includes a member of the police force of a State or Territory and a member of the Australian Federal Police.
7. “Contiguous zone”, in relation to Australia, means the contiguous zone within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia.
8. “Exclusive economic zone”, in relation to Australia, has the same meaning as in the Seas and Submerged Lands Act 1973
9. “Member of the Australian Federal Police” includes a special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979.
10. “Officer” means an officer of the Australian Coast Guard.
11. “Customs officer” means an officer as defined in the Customs Act 1901.
12. “Fisheries officer” means an officer as defined in the Fisheries Management Act 1991.
13. “Migration officer” means an officer as defined in the Migration Act 1958.
14. “Territorial sea”, in relation to
Australia, means the territorial sea area whose outer limits are from time to
time specified in a Proclamation made by the Governor-General for the purposes
of section 7 of the Seas and Submerged Lands Act
1973.
CLAUSE 4 ESTABLISHMENT AND
CONSTITUTION OF THE COAST GUARD
15. This
clause sets out the functions of the Australian Coast Guard.
16. Sub-clause 2 of clause 4 makes it clear that
the command, employment and administrative arrangements of the Australian Coast
Guard are to be approved by both Houses of the Parliament. By virtue of Clause
2, this must occur before this Act
commences.
17. Sub-clause 3 of clause 4 sets out
the functions of the Australian Coast Guard to
include:
• The provision of border protection
and police services upon Australia’s coastal area, contiguous zone and
exclusive economic zone in relation
to:
• laws of the Commonwealth;
and
• property of the Commonwealth (including
Commonwealth places) and property of authorities of the Commonwealth; and
• the safeguarding of Commonwealth
interests; and
• all of the functions
previously undertaken by the Coastwatch arm of the Australian Customs Service,
including surveillance of Australia’s coastal area, contiguous zone and
exclusive economic zone; and
• coordination
of search and rescue operations in maritime zones which fall under the
responsibility of Australia; and
• response
to oil spills and other environmental incidents upon Australia’s coastal
area, contiguous zone and exclusive economic zone;
and
• other functions as
prescribed.
18. Sub-clause 4 of clause 4 provides
that in times of war, the Australian Coast Guard will come under the direct
command of the Australian Defence
Force.
CLAUSE 5 LAWS CONFERRING POWERS ON
OFFICERS
19. Clause 5 makes it clear that
the officers of the Australian Coast Guard will have all of the policing powers
necessary to fulfil its functions.
20. Subclause 1
provides that officers of the Australian Coast Guard will have all of the powers
and duties in relation to:
• search and
seizure; and
• pursuit, boarding, detention
and transfer of aircraft and ships;
and
• questioning, detention, transfer and
arrest of persons,
that are conferred or imposed on
members of the:
• Australian Federal Police
under all Commonwealth legislation;
and
• Customs officers under the Customs
Act 1901; and
• Fisheries officers under
the Fisheries Management Act 1991; and
• Migration officers Migration Act
1958.
21. Subclause 2 provides that where any
provisions of a law of a State apply in relation to offences against the laws of
the Commonwealth or a Territory, and those provisions refer to a constable or an
officer of police, they are to apply to officers of the Australian Coast
Guard.
22. Under subclause 3, further powers and
duties may be given to officers of the Australian Coast Guard via
regulation.
CLAUSE 6 ARMING OF THE
AUSTRALIAN COAST GUARD
23. This clause
provides that the vessels, aircraft and officers of the Australian Coast Guard
will be armed.
24. Under subclause 2, conditions
relating to the weapons and equipment used by the Australian Coast Guard are to
be approved by both Houses of the Parliament. By virtue of Clause 2, this must
occur before this Act commences.
CLAUSE
7 REGULATIONS
25. This clause provides that the Governor-General may make regulations required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to this Act.