Constitutional Law: Evaluating a Proposed Security Bill in Australia

This essay provides an overview of Australian Constitutional Law, analyzing the constitutional validity of a proposed bill focused on enhancing national security by preventing terrorist attacks through stricter passport controls and travel regulations. It examines the establishment of the Transport ...Read More

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Civil Law

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Table of Contents
Introduction................................................................................................................................3
Part 1..........................................................................................................................................3
Part 2..........................................................................................................................................4
Part 3..........................................................................................................................................6
Part 4..........................................................................................................................................7
Part 5..........................................................................................................................................8
Conclusion..................................................................................................................................9
Bibliography.............................................................................................................................10

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Introduction
The constitutional validity of any legislation or an action must be assessed and evaluated in a
proper and appropriate manner. Any provision or an action can be declared unconstitutional
by the respective court of competent jurisdiction if such a judicial authority is of the opinion
that the provision or action contravenes the basic tenets of the constitution of the country. It is
imperative that the constitution of the country in question is the main enactment which has
governance over almost all the legislations in the country with reference to their territorial
jurisdiction. The main aim of the essay is to present an overview of the Constitutional Law of
Australia with regard to the passing of a proposed bill taking account of the safety and
security of the citizens and residents of Australia. Such a bill is purported to ensure that the
terrorist attacks in Australia are prevented to a large extent as far as the issuing of passports
to the right people are concerned. In this aspect, the issuing of passports would be taken into
account as far as criminals and militants are concerned. The constitutional aspect of the
proposed bill would be analyzed in a proper and appropriate manner.
Part 1
The Transport Security Protection Board is to be established in order to promote safety and
security for all Australians as far as travelling is concerned. It also includes vigilance as far as
appropriate verification of the travelers in question is concerned. The Transport Security
Protection Board is purported to ensure that the wrong people do not enter Australia thereby
causing a massive security threat1. In order to ensure the same, the passports of all people
must be checked at all transit points such as seaports, airports, land border crossings and
other related check posts. The fees for the Transport Security Protection Board would be a
hundred thousand dollars on a yearly basis which would be contributed by owners of
aircrafts, pilots and shipping companies as far as security with reference to all means of
external transport is concerned2. The locations of these kinds of entities would be at almost
all major cities of Australia which include Perth, Brisbane Sydney, Melbourne and Darwin.
1 Loveland, I.D, Constitutional Law. (Abingdon, Routledge, 2018).
2 Şen, İ.G,. Sovereignty Referendums in International and Constitutional Law. (Dordrecht, Boston, New York,
Springer, 2015).

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The compensation amounting to fifty thousand dollars on part of airline companies with
reference to compliance with the Act seems to be unconstitutional as it implies regressive
conditions with reference to bonus which seems to be quite ambiguous in nature thereby
implying inequality3. Additionally, the legal proceedings may be initiated against a company
entrusted with carrying out of activities relating to travel and tourism on grounds of acting in
contravention of the Act. Such may be both civil and criminal depending upon the gravity of
the offence or misconduct. However, the constitutional aspect of the legal action in relation
to the offence or misconduct has to be taken into account with reference to the provisions
enshrined and envisaged in the Commonwealth of Australia Constitutional Act of 1900 read
with the provisions enshrined and envisaged in the Australia Act of 1986. It is to be ensured
that this part of the act does not lead to the violation of basic human rights and civil liberties
of a person as far as illegal detention at the airport is concerned with reference to the grounds
of just mere suspicion of being involved in a criminal activity or any related offence with
regard to terrorism4.
Part 2
This part of the proposed bill implies the registration of people; single businessperson,
partnership firms, association and corporate authority entrusted with providing services
related to passenger travel and cargo transport for the purpose of become licensed suppliers5.
By 1st April 2022, a Transport Security License must be purchased by such entities failing
which their businesses are liable to be sealed by the virtue of an order passed by the
Transport Security Protection Board and all their assets would be converted in the Fund
initiated by the Transport Security Protection Board6. Such a Fund would be known as the
3 Dyzenhaus, D. and Thorburn, M. eds,. Philosophical Foundations of Constitutional Law. (Oxford, Oxford
University Press, 2016).
4 Veitch, S,. Law and the Politics of Reconciliation. (Abingdon, Routledge, 2016).
5 Uhr, J.,. The Performance of Australian Legislatures in Protecting Rights. In Protecting Rights Without a Bill
of Rights(Abingdon, Routledge, 2017), at 60.
6 Alexy, R., 2016. The Absolute and the Relative Dimensions of Constitutional Rights. Oxford Journal of Legal
Studies, 37(1), at 38.

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Transport Security Protection Fund7. All details of stakeholders, corporate officers, partners
and employees must be provided to the Transport Security Protection Board with regard to
their link with the respective vendor of goods and services with reference to the
transportation industry as far as the formation of a Transport Security Registry is concerned8.
Such kinds of initiatives are being undertaken in order to ensure that misuse relating to
supply of goods at an external level with reference to Australia is prevented at a huge level as
far as the internal security of Australia is concerned9. The details of all goods entering
Australia must be scrutinized effectively and efficiently. Custom officials posted at seaports,
airports and land border crossings must seize any goods which are found to be counterfeit.
Any goods being exported out of Australia must be checked and verified accordingly in order
to ensure that whether the appropriate supplier of the goods holds the Transport Security
License as governed by the Transport Security Protection Board. Such a governing body is
projected to be on the lines of the Australian Competition and Consumer Commission as far
as the modus operandi is concerned with reference to Australian Consumer Law. However,
the constitutionality of the powers and functions of the Transport Security Protection Board
must be assessed and evaluated in a proper and appropriate manner as far as encroachment
thereby leading to the contravention of right to life and personal liberty along with the right to
privacy is concerned. The revenue relating to the Commonwealth shall be governed by the
Consolidated Revenue Fund taking account of Section 81 of the Commonwealth of Australia
Constitutional Act of 1900. As far as the distribution of money is concerned with reference to
fees, the Parliament is at the discretion to pass any legislation in accordance with Section 53
Commonwealth of Australia Constitutional Act of 1900. Section 92 of the Commonwealth of
Australia Constitutional Act of 1900 implies free trade amongst the states of Australia. The
aspects related to customs and excises are governed by Section 90 of the Commonwealth of
Australia Constitutional Act of 1900.
7 Bottomley, S,. The constitutional corporation: Rethinking corporate governance. (Abingdon, Routledge,
2016).
8 Freckelton, A., 2015. Administrative Decision-Making in Australian Migration Law. (Canberra, ANU Press).
9 Galligan, B. and Morton, F.T.,. Australian exceptionalism: Rights protection without a bill of rights.
In Protecting Rights Without a Bill of Rights. (Abingdon, Routledge, 2017), at 34.

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Part 3
For each and every Australian, a valid identification equivalent to a relevant document is
necessary as far as their details are concerned with reference to their status. As a result, a
passport or any related valid document must be possessed by all Australians in order to
determine their status of citizenship10. The costs of such kind of document must be capped at
fifty dollars which is to be disbursed by each and every Australian while getting such
documents issued. Appropriate evidences must be furnished such as residential details along
with utility bills, marital status and family members. Police verification in a proper and
appropriate manner must be conducted as far as the checking of past history related to
criminal records is concerned. In lieu of passport, a valid travel document may also be issued
and subsequently possessed by the concerned Australian citizen as far as the concept of
Electronic Travel Authorization is concerned. Such a travel document must not be tampered
or counterfeited as far as fabrication or collusion is concerned since it is to be ensured that
such kind of acts would attract dire consequences that include imprisonment for a prolonged
period. Such passports and travel documents must be carried by all Australians while moving
out and arriving in Australia by land, sea or air. Traveling at the domestic level would also
require the Australians to carry such documents as they would be scrutinized by the
authorities at railway stations, seaports and airports11. However, the constitutional aspects
must be taken into account as far as seizure of passports and travel documents are concerned
with reference to the right to life and personal liberty is concerned with reference to travelling
abroad. Such aspects also apply to foreign nationals with regard to the carrying of passports
of their countries of origin and other valid documents approved by any concerned
government official of Australia taking account of the right to equality with regard to non-
discriminatory treatment. If any person fails to furnish such travel document, a fine of ten
thousand dollars must be imposed along with imprisonment for a period of one year or any
one of the punishments taking account of the chain of events.
10 Albert, R., 2017. Quasi-Constitutional Amendments. Buff. L. Rev., 65, at739.
11 Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative law.

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Part 4
A Member or a Senator of the House must have a valid document in the form of
Parliamentary Identity Card as far as their appropriate identification is concerned. Such
Parliamentary Identity Card must be issued by the Transport Security Protection Board only
if the respective Member or Senator of the House is able to furnish the details of his or her
eligibility to sit in the Parliament12. The criminal records of candidates during elections must
be scrutinized in an effective and efficient manner13. The Parliamentary Identity Card must be
carried by the respective Member or Senator of the House during travel through train, ship or
flight as such a Parliamentary Identity Card is liable to be scrutinized by the designated
official. Such measures are to be taken with regard to the delegation of functions to the
citizens by the government as far as the upholding of the provisions enshrined and envisaged
in the Commonwealth of Australia Constitutional Act of 1900 is concerned further
capitulated and elucidated by the provisions enshrined and envisaged in the Australia Act of
1986. As a result, the constitutional aspect would be upheld as far as equality is concerned on
part of the Transport Security Protection Board. It would lead to the possible prevention of
the misuse of the concepts related to jurisdictional immunity14. Every citizen or resident in
Australia must be guaranteed of their basic human rights and civil liberties as far as
constitutionalism is concerned15. In order to protect the constitution, such an action on part of
the Transport Security Protection Board is necessary as far as the welfare of the citizens is
concerned16. The eligibility criteria along with the credentials and qualifications of the
respective Member or Senator of the House must be tallied and scrutinized in a proper and
12 Yorke, J. ed.,. The right to life and the value of life: orientations in law, politics and ethics. (Abingdon,
Routledge, 2016).
13 Dixon, R., 2016. Toward a realistic comparative constitutional studies. Am. J. Comp. L., 64, at 193.
14 Head, M., 2017. Administrative law: Context and critique.
15 Campbell, T. and Morris, S., 2015. Human Rights for Democracies: A Provisional Assessment of the
Australian Human Rights (Parliamentary Scrutiny) Act 2011. U. Queensland LJ, 34, at 7.
16 Morris, S., 2015. The argument for a constitutional procedure for Parliament to consult with Indigenous
peoples when making laws for Indigenous affairs. Public Law Review, 26(3), at166-192.

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appropriate manner by the Transport Security Protection Board as far as issuing of
Parliamentary Identity Card is concerned.
Part 5
The Transport Security Protection Fund has to be initiated in a proper and appropriate manner
on part of the Transport Security Protection Board to be established by the virtue of the
enactment of the bill. The money collected through the Transport Security Protection Fund
would later on be utilized by the Transport Security Protection Board for any activity as set
forth by the bill which is to be converted into law at a later date17. Such utilization is inclusive
of the financing of the new suppliers in the industry of transportation with regard to the
ensuring of security measures based in Adelaide, Canberra and Norfolk Island. It would
ensure sea transportation in an effective manner as far as safety and security is concerned. As
a result, the constitutional aspects would be upheld to a massive extent as far as right to life
and personal liberty is concerned. However, it must be ensured that the misuse of money is
not carried out by the Transport Security Protection Board as far as the gross contravention
and blatant violation of the constitution is concerned18. It should also be seen that the
appropriation of the funds are carried out in accordance with Section 53 Commonwealth of
Australia Constitutional Act of 1900. Any action on part of the Transport Security Protection
Board which constitutes misuse of the Transport Security Protection Fund must be challenged
through filing an application at the respective court of competent jurisdiction and severely
dealt with by the respective court of competent jurisdiction. It is essential to delve in to the
constitutional validity of the Transport Security Protection Fund as it is inclusive of public
money thereby implying the welfare of the citizens. As a result, the security and protection
would be ensured in a proper and appropriate manner with reference to travel at the external
level. The Transport Security Protection Fund is also objected to ensure that the money
would be spent in accordance with the provisions of the proposed bill. However, it should be
identified and determined whether such provisions are under the ambit of the Commonwealth
of Australia Constitutional Act of 1900 before passing the bill in order to convert it into law.
17 Douglas, R.,. Law, liberty, and the pursuit of terrorism. (Michigan, University of Michigan Press, 2018).
18 Tushnet, M, Advanced introduction to comparative constitutional law. (Cheltenham, Edward Elgar
Publishing, 2018).

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Conclusion
As observed from the aforesaid discourse, it can be concluded by stating that the
constitutional aspects of the bill are justified and appropriate. The aforesaid discourse has
also presented the aspects of feasibility with regard to the maintenance of safety and security
in Australia by the virtue of the proposed bill. The concepts relating to basic human rights
and civil liberties of a person have also been dealt with as far as the provisions of the bill are
concerned with reference to the Commonwealth of Australia Constitutional Act of 1900. The
aforesaid discourse has also implied the mandatory possession of passports and other
authorized travel documents while travelling through any means of transport such as train,
flight or ship. Additionally, the concept of Parliamentary Identity Card on part of the
respective Member or Senator of the House has also been discussed and demonstrated as far
as the constitutional aspect is concerned. As a result, it is recommended that after making the
appropriate changes, the bill may be presented before the Senate by Senator Antigone
MacAdder of Queensland on 1st April 2018 in the interest of the internal security of Australia.

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Bibliography
Loveland, I.D, Constitutional Law. (Abingdon, Routledge, 2018).
Dyzenhaus, D. and Thorburn, M. eds,. Philosophical Foundations of Constitutional Law.
(Oxford, Oxford University Press, 2016).
Veitch, S,. Law and the Politics of Reconciliation. (Abingdon, Routledge, 2016).
Alexy, R., 2016. The Absolute and the Relative Dimensions of Constitutional Rights. Oxford
Journal of Legal Studies, 37(1), at 38.
Bottomley, S,. The constitutional corporation: Rethinking corporate governance. (Abingdon,
Routledge, 2016).
Galligan, B. and Morton, F.T.,. Australian exceptionalism: Rights protection without a bill of
rights. In Protecting Rights Without a Bill of Rights. (Abingdon, Routledge, 2017), at 34.
Şen, İ.G,. Sovereignty Referendums in International and Constitutional Law. (Dordrecht,
Boston, New York, Springer, 2015).
Albert, R., 2017. Quasi-Constitutional Amendments. Buff. L. Rev., 65, at739.
Dixon, R., 2016. Toward a realistic comparative constitutional studies. Am. J. Comp. L., 64,
at 193.
Head, M., 2017. Administrative law: Context and critique.
Tushnet, M, Advanced introduction to comparative constitutional law. (Cheltenham: Edward
Elgar Publishing, 2018).
Morris, S., 2015. The argument for a constitutional procedure for Parliament to consult with
Indigenous peoples when making laws for Indigenous affairs. Public Law Review, 26(3),
at166-192.
Yorke, J. ed.,. The right to life and the value of life: orientations in law, politics and ethics.
(Abingdon, Routledge, 2016).
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative
law.

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Douglas, R.,. Law, liberty, and the pursuit of terrorism. (Michigan, University of Michigan
Press, 2018).
Campbell, T. and Morris, S., 2015. Human Rights for Democracies: A Provisional
Assessment of the Australian Human Rights (Parliamentary Scrutiny) Act 2011. U.
Queensland LJ, 34, at 7.
Uhr, J.,. The Performance of Australian Legislatures in Protecting Rights. In Protecting
Rights Without a Bill of Rights(Abingdon, Routledge, 2017), at 60.
Freckelton, A., 2015. Administrative Decision-Making in Australian Migration Law.
(Canberra, ANU Press).