DRAFT FOR CONSULTATION

Transcription

1 DRAFT FOR CONSULTATION Member s Bill Explanatory note General policy statement Organised crime groups and criminal gangs are targeting New Zealand, increasing their efforts to push dangerous drugs and illegal firearms into our communities. The use and distribution of illegal drugs in our communities causes significant harm to users, fuels crime and lines the pockets of gang members, encouraging growth of new and existing gangs and organised crime groups. Ports, mail centres and airport baggage centres are key points of disruption in the drug supply chain. Gangs and organised crime groups go to great lengths to ensure their product passes through these centres undetected, using new and innovative ways to elude detection, including cultivating relationships with those employed in the shipping and distribution industries. Employees and contractors with links to gangs and organised crime pose a real risk to the effective detection of illegal products. This bill introduces compulsory police vetting for anyone working at ports, mail centres or airport baggage centres (including contractors). While most centres would undertake police vetting of employees, making it was compulsory will send a strong signal to gangs and organised criminal groups, and ensure that contractors are also required to be vetted. This will greatly reduce the risk of gangs and crime groups being able to influence the detection of illegal products at ports, mail centres and airports. This Bill amends three acts: the Maritime Security Act 200, the Postal Services Act 1988 and the Civil Aviation Act It requires the facility operators to ensure that every person working at the facility (whether they are an employee or a contractor) has been subject to a police vet and would make it an offence to fail to obtain such a vet.

2 2 Explanatory note Clause 1 is the Title clause. Clause by clause analysis Clause 2 is the commencement clause and provides for the Bill to come into force 6 months after the date on which it receives the Royal assent. Part 1 amends the Maritime Security Act 200 to require port facility operators to ensure that every person working at a port facility (whether that person is employed by the port facility operator or any other business operating at the port facility) has been subject to Police vetting and making it an offence to fail to obtain such a vet. Part 2 amends the Postal Services Act 1988 to make it a condition of registration of all postal operators that they obtain a Police vet of every person who carries out work for them. This Part makes other amendments to the Postal Services Act to allow the registration of a postal operator to be cancelled for failing to carry out Police vetting as well as making it an offence to fail to do so. Part 3 amends the Civil Aviation Act 1990 to require operators of security designated aerodromes and security designated navigation installations to obtain a Police vet in respect of every person working at a security designated aerodrome or security designated navigation installation (whether that person is employed by the operator or any other person) and making it an offence to fail to obtain such a vet.

3 Hon Todd McClay Member s Bill Contents Page 1 Title 2 2 Commencement 2 Part 1 Amendments to the Maritime Security Act Principal Act 2 New section 38A inserted (Additional duty in respect of police vetting of workers and others at port facilities) 2 38A Additional duty in respect of police vetting of workers at port facilities 2 5 Section 70 amended (Offences by port facility operator) 2 Part 2 Amendments to the Postal Services Act Principal Act 3 7 New section 29A inserted (Condition of registration) 3 29A Condition of registration 3 8 Section 30 amended (Cancellation of registration) 3 9 Section 31 amended (Offence relating to registration) 3 Part 3 Amendments to the Civil Aviation Act Principal Act 3 11 New section 52AA inserted (Failure to obtain Police vet of workers at security designated aerodromes and navigation installations) 3 52AA Failure to obtain Police vet of workers at security designated aerodromes and navigation installations 1

4 cl 1 12 New section 82A inserted (Police vetting of workers at security designated aerodromes and navigation installations) 82A Police vetting of workers at security designated aerodromes and navigation installations The Parliament of New Zealand enacts as follows: 1 Title This Act is the Police Vetting for Entry Areas Act Commencement This Act comes into force on the day that is 6 months after the date on which it receives the Royal assent. 3 Principal Act Part 1 Amendments to the Maritime Security Act 200 This Part amends the Maritime Security Act 200 (the principal Act). New section 38A inserted (Additional duty in respect of police vetting of workers and others at port facilities) 38A After section 38, insert: Additional duty in respect of police vetting of workers at port facilities (1) A port facility operator must ensure that a Police vet is obtained in respect of every person who carries out work in any capacity at the port facility, whether that person is employed or engaged by the port facility operator or any other person or body operating at the port facility. (2) A port facility operator must obtain a further Police vet of every person in respect of whom a Police vet has already been obtained under subsection (1) and who continues to carry out work at the port facility. (3) A further Police vet required under subsection (2) must be obtained on or about every third anniversary of any Police vet that has been previously conducted in respect of the person. 5 Section 70 amended (Offences by port facility operator) In section 70(1), replace section 38(1)(a), (b), (c), or (d) with section 38(1((a), (b), (c), or (d), or section 38A. 2

5 Part 3 cl 11 6 Principal Act Part 2 Amendments to the Postal Services Act 1988 This Part amends the Postal Services Act 1988 (the principal Act). 7 New section 29A inserted (Condition of registration) 29A After section 29, insert: Condition of registration (1) A postal operator must, as a condition of registration, obtain a Police vet of every person who carries out work (a) (b) as an employee or agent of a postal operator; or under a contract for services with a postal operator. (2) A postal operator must obtain a further Police vet of every person in respect of whom a Police vet has already been obtained under subsection (1) and who continues to carry out work for the postal operator. (3) A further Police vet required under subsection (2) must be obtained on or about every third anniversary of any Police vet that has been previously conducted in respect of the person. 8 Section 30 amended (Cancellation of registration) After section 30(1)(b), insert: (ba) that the postal operator has failed to comply with section 29A; or 9 Section 31 amended (Offence relating to registration) (1) In the heading to section 31, replace Offence with Offences (2) After section 31(2), replace this section with subsection (1) (3) After section 31(2), insert: (3) Every postal operator commits an offence and is liable on conviction to a fine of not more than $10,000 who fails to comply with section 29A. 10 Principal Act Part 3 Amendments to the Civil Aviation Act 1990 This Part amends the Civil Aviation Act 1990 (the principal Act). 11 New section 52AA inserted (Failure to obtain Police vet of workers at security designated aerodromes and navigation installations) After section 52, insert: 3

6 Part 3 cl 12 52AA Failure to obtain Police vet of workers at security designated aerodromes and navigation installations (1) Every operator of a security designated aerodrome or security designated navigation installation commits an offence who fails to comply with section 82A (which relates to Police vetting of workers at security designated aerodromes and navigation installations). (2) Every person who commits an offence against subsection (1) is liable on conviction, (a) in the case of an individual, to a fine not exceeding $10,000; or (b) in the case of a body corporate, to a fine not exceeding $50, New section 82A inserted (Police vetting of workers at security designated aerodromes and navigation installations) 82A After section 82, insert: Police vetting of workers at security designated aerodromes and navigation installations (1) The operator of any security designated aerodrome or security designated navigation installation must ensure that a Police vet is obtained in respect of every person who carries out work in any capacity at the security designated aerodrome or security designated navigation installation, whether that person is employed or engaged by the operator or any other person or body operating at the security designated aerodrome or security designated navigation installation. (2) The operator of any security designated aerodrome or security designated navigation installation must obtain a further Police vet of every person in respect of whom a Police vet has already been obtained under subsection (1) and who continues to carry out work at the security designated aerodrome or security designated navigation installation. (3) A further Police vet required under subsection (2) must be obtained on or about every third anniversary of any Police vet that has been previously conducted in respect of the person. () The requirement to obtain a Police vet or further Police vet under this section does not apply in respect of any person employed or engaged by the Aviation Security Service.