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. Civil Law 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 threat[1]. 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 concerned[2]. The locations of these kinds of entities would be at almost all major cities of Australia which include Perth, Brisbane Sydney, Melbourne and Darwin. 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 inequality[3]. 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 terrorism[4].
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 suppliers[5]. 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 Board[6]. Such a Fund would be known as the Transport Security Protection Fund[7]. 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 concerned[8]. 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 concerned[9]. 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.
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 citizenship[10]. 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 airports[11]. 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.
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 Parliament[12]. The criminal records of candidates during elections must be scrutinized in an effective and efficient manner[13]. 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 immunity[14]. Every citizen or resident in Australia must be guaranteed of their basic human rights and civil liberties as far as constitutionalism is concerned[15]. 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 concerned[16]. 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 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 date[17]. 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 concerned[18]. 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.
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.
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.
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).
[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).
[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.
[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.
[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.
[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.
[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).
