Transport Security Amendment (2008 Measures No. 1) Act 2008 (Cth)

Transport Security Amendment (2008 Measures No. 1) Act 2008

No. 138, 2008

An Act to amend the law relating to the security of aviation and maritime transport and offshore facilities, and for related purposes

Contents

Transport Security Amendment (2008 Measures No. 1) Act 2008

No. 138, 2008

An Act to amend the law relating to the security of aviation and maritime transport and offshore facilities, and for related purposes

[Assented to 8 December 2008]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Transport Security Amendment (2008 Measures No. 1) Act 2008.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	8 December 2008
2. Schedule 1	The day after the end of the period of 2 months beginning on the day on which this Act receives the Royal Assent.	8 February 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Aviation Transport Security Act 2004

1

Section 12

Before “The”, insert “(1)”.

2

At the end of section 12

Add:

1. (2)

   The Secretary may, by written notice given to an aviation industry participant, permit the participant to have more than one transport security program.

2. (3)

   The notice must specify the operations or locations to be covered by each program.

3. (4)

   If the participant has more than one program, the participant is required to have all of the programs specified in the notice.

3

Paragraph 13(1)(c)

Omit “no transport security”, substitute “not such a”.

4

Subsection 17(2)

Omit “A transport security program for an airport operator”, substitute “An airport operator’s transport security program for a security controlled airport”.

5

Paragraph 20(3)(a)

Omit “22(2)”, substitute “22(4) or 23(4)”.

6

Section 22

Repeal the section, substitute:

22Participants may revise programs

1. (1)

   If a transport security program for an aviation industry participant (the existing program) is in force, the participant may, by written notice given to the Secretary, request the Secretary to approve another transport security program (the revised program) in its place.

2. (2)

   The notice must be accompanied by a copy of the revised program.

3. (3)

   If a request is made in accordance with this section, sections 19 and 20 apply in relation to the revised program.

4. (4)

   If the revised program comes into force, it replaces the existing program.

7

Subsection 23(1)

Omit “a revised program under section 22”, substitute “another transport security program (the revised program)”.

8

After subsection 23(2)

Insert:

1. (2A)

   If the participant gives the Secretary the revised program within the specified period, or within any further period allowed by the Secretary, sections 19 and 20 apply in relation to the revised program.

9

At the end of section 23

Add:

1. (4)

   If the revised program comes into force, it replaces the existing program.

10

Subsection 125(1)

Omit “of the”, substitute “of a”.

11

Saving and transitional provisions for multiple programs

Saving

(1) The Aviation Transport Security Act 2004, as in force at any time before the commencement of this Act, is taken not to have prevented more than one transport security program from being in force at the same time for an aviation industry participant, so long as those programs covered different operations or locations.

(2) However, if, because of the operation of subitem (1), there was more than one transport security program in force for an aviation industry participant at any time, the Aviation Transport Security Act 2004 is taken to have applied, in relation to each of those programs, as if it were the only program for the participant.

Transitional

(3) If, at the commencement of this Act, there is more than one transport security program in force for an aviation industry participant, then the Secretary is taken, at that time, to have given the participant a notice, under subsection 12(2) of the Aviation Transport Security Act 2004, that specifies the operation or location covered by each of those programs.

Maritime Transport and Offshore Facilities Security Act 2003

12

Section 10

Insert:

Australia, when used in a geographical sense, includes the external Territories.

13

Section 10 (definition of port facility)

Before “ships”, insert “security regulated”.

14

Section 42

Before “The”, insert “(1)”.

15

At the end of section 42

Add:

1. (2)

   The Secretary may, by written notice given to a maritime industry participant, permit the participant to have more than one maritime security plan.

2. (3)

   The notice must specify the operations or locations to be covered by each plan.

3. (4)

   If the participant has more than one plan, the participant is required to have all of the plans specified in the notice.

16

Paragraph 43(1)(c)

Omit “no maritime security”, substitute “not such a”.

17

Paragraph 44(1)(b)

Omit “a maritime security”, substitute “such a”.

18

Paragraph 47(1)(a)

Repeal the paragraph, substitute:

1. (a)

   include a security assessment for:

   1. (i)

      the participant’s operation; or

   2. (ii)

      if the participant has more than one maritime security plan—the operations or locations covered by the plan; and

19

Paragraph 47(1)(b)

After “participant”, insert “under the plan”.

20

Subsection 49(2)

Omit “be accompanied by”, substitute “include”.

21

Subsection 49(3)

Repeal the subsection, substitute:

1. (3)

   The maritime security plan for a port operator for a security regulated port must include a map of the whole security regulated port.

22

Subsection 52(3)

Omit “until”, substitute “for a period of 5 years or such lesser period as the Secretary specifies in the notice of approval (which must be at least 12 months), unless before the end of that period”.

23

Subsection 52A(3)

Omit “be accompanied by”, substitute “include”.

24

After subsection 52A(3)

Insert:

1. (3A)

   The notice must be prepared in accordance with any requirements set out in the regulations.

25

Subsection 54(1)

Repeal the subsection, substitute:

1. (1)

   If a maritime security plan for a maritime industry participant (the existing plan) is in force, the participant may, by written notice given to the Secretary, request the Secretary to approve another maritime security plan (the revised plan) in its place.

26

Subsection 54(4)

Repeal the subsection, substitute:

1. (4)

   If the revised plan comes into force, it replaces the existing plan.

27

Subsection 55(4)

Repeal the subsection, substitute:

1. (4)

   If the revised plan comes into force, it replaces the existing plan.

28

Section 56

Repeal the section.

29

Saving and transitional provisions for multiple plans

Saving

(1) The Maritime Transport and Offshore Facilities Security Act 2003, as in force at any time before the commencement of this Act, is taken not to have prevented more than one maritime security plan from being in force at the same time for a maritime industry participant, so long as those plans covered different operations or locations.

(2) However, if, because of the operation of subitem (1), there was more than one maritime security plan in force for a maritime industry participant at any time, the Maritime Transport and Offshore Facilities Security Act 2003 is taken to have applied, in relation to each of those plans, as if it were the only plan for the participant.

Transitional

(3) If, at the commencement of this Act, there is more than one maritime security plan in force for a maritime industry participant, then the Secretary is taken, at that time, to have given the participant a notice under subsection 42(2) of the Maritime Transport and Offshore Facilities Security Act 2003, that specifies the operation or location covered by each of those plans.

30

Subsection 71(3)

Omit “until”, substitute “for a period of 5 years or such lesser period as the Secretary specifies in the notice of approval (which must be at least 12 months), unless before the end of that period”.

31

After subsection 71A(2)

Insert:

1. (2A)

   The notice must be prepared in accordance with any requirements set out in the regulations.

32

Section 75

Repeal the section.

33

Section 100B

Before “The”, insert “(1)”.

34

At the end of section 100B

Add:

1. (2)

   The Secretary may, by written notice given to an offshore industry participant, permit the participant to have more than one offshore security plan.

2. (3)

   The notice must specify the operations or locations to be covered by each plan.

3. (4)

   If the participant has more than one plan, the participant is required to have all of the plans specified in the notice.

35

Paragraph 100C(1)(b)

Omit “no offshore security”, substitute “not such a”.

36

Paragraph 100D(1)(b)

Omit “an offshore security”, substitute “such a”.

37

Paragraph 100G(1)(a)

Repeal the paragraph, substitute:

1. (a)

   include a security assessment for:

   1. (i)

      the participant’s operation; or

   2. (ii)

      if the participant has more than one offshore security plan—the operations or locations covered by the plan; and

38

Paragraph 100G(1)(b)

After “participant”, insert “under the plan”.

39

Subsection 100I(2)

Omit “be accompanied by”, substitute “include”.

40

Subsection 100L(3)

Omit “until”, substitute “for a period of 5 years or such lesser period as the Secretary specifies in the notice of approval (which must be at least 12 months), unless before the end of that period”.

41

Subsection 100LA(3)

Omit “be accompanied by”, substitute “include”.

42

After subsection 100LA(3)

Insert:

1. (3A)

   The notice must be prepared in accordance with any requirements set out in the regulations.

43

Subsection 100N(1)

Repeal the subsection, substitute:

1. (1)

   If an offshore security plan for an offshore industry participant (the existing plan) is in force, the participant may, by written notice given to the Secretary, request the Secretary to approve another offshore security plan (the revised plan) in its place.

44

Subsection 100N(4)

Repeal the subsection, substitute:

1. (4)

   If the revised plan comes into force, it replaces the existing plan.

45

Subsection 100O(4)

Repeal the subsection, substitute:

1. (4)

   If the revised plan comes into force, it replaces the existing plan.

46

Section 100P

Repeal the section.

47

Saving and transitional provisions for multiple plans

Saving

(1) The Maritime Transport and Offshore Facilities Security Act 2003, as in force at any time before the commencement of this Act, is taken not to have prevented more than one offshore security plan from being in force at the same time for an offshore industry participant, so long as those plans covered different operations or locations.

(2) However, if, because of the operation of subitem (1), there was more than one offshore security plan in force for an offshore industry participant at any time, the Maritime Transport and Offshore Facilities Security Act 2003 is taken to have applied, in relation to each of those plans, as if it were the only plan for the participant.

Transitional

(3) If, at the commencement of this Act, there is more than one offshore security plan in force for an offshore industry participant, then the Secretary is taken, at that time, to have given the participant a notice under subsection 100B(2) of the Maritime Transport and Offshore Facilities Security Act 2003, that specifies the operation or location covered by each of those plans.

48

Paragraph 102(2A)(a)

Omit “is accompanied by”, substitute “includes”.

49

Subsection 102(2A)

Omit “accompanying”, substitute “included in”.

50

Paragraph 102(2B)(a)

Omit “is accompanied by”, substitute “includes”.

51

Subsection 102(2B)

Omit “accompanying”, substitute “included in”.

52

Paragraph 113A(2A)(a)

Omit “is accompanied by”, substitute “includes”.

53

Subsection 113A(2A)

Omit “accompanying”, substitute “included in”.

54

Paragraph 113A(2B)(a)

Omit “is accompanied by”, substitute “includes”.

55

Paragraph 113A(2B)(b)

Omit “port”, substitute “offshore facility”.

56

Subsection 113A(2B)

Omit “accompanying”, substitute “included in”.

57

Subsection 199(1)

Omit “of the”, substitute “of a”.

58

Subsection 200A(1)

Omit “of the”, substitute “of an”.

59

Paragraph 201(d)

After “cancel”, insert “the approval of”.

[Minister’s second reading speech made in—

House of Representatives on 25 September 2008

Senate on 12 November 2008]

(186/08)