Acts of Parliament assented to
IT IS HEREBY NOTIFIED for general information that His Excellency the Governor-General, in the name of Her Majesty, assented on 15 December 2020 to the undermentioned Acts passed by the Senate and the House of Representatives in Parliament assembled, viz:
No. 125, 2020 –– An Act to amend legislation relating to transport security, and for related purposes [Transport Security Amendment (Testing and Training) Act 2020].
No. 126, 2020 –– An Act to amend the law relating to sport, and for related purposes [Sport Integrity Australia Amendment (World Anti-Doping Code Review) Act 2020].
No. 127, 2020 –– An Act to amend the Commonwealth Electoral Act 1918 in relation to the representation of the Territories in the House of Representatives, and for related purposes [Electoral Amendment (Territory Representation) Act 2020].
Richard Pye
Clerk of the Senate
Overview
The Transport Security Amendment (Testing and Training) Act 2020 was enacted to address gaps in the testing and training processes for transport security personnel. The Act aims to enhance the security of Australia's transport systems by ensuring that personnel are adequately trained and tested, thereby reducing the risk of security breaches. This amendment was introduced by the Australian Parliament, reflecting a policy objective to strengthen transport security measures across the nation. Similarly, the Sport Integrity Australia Amendment (World Anti-Doping Code Review) Act 2020 seeks to align Australian sport integrity laws with international anti-doping standards, ensuring that athletes compete fairly and that sports organisations adhere to global best practices. The Electoral Amendment (Territory Representation) Act 2020 was passed to improve the representation of Australia's territories in the House of Representatives, addressing a long-standing issue regarding equitable representation and the democratic process.
Scope and Application
The Transport Security Amendment (Testing and Training) Act 2020 applies to individuals and entities involved in the transport sector, particularly focusing on the security measures that must be undertaken to protect against terrorism and other forms of security threats. This Act mandates specific testing and training requirements for those involved in the transport industry, including airlines, shipping companies, and ground transport operators. The geographic scope of this Act is national, as it pertains to the Commonwealth of Australia, with implications for both interstate and international transport activities. It extends its application to all persons and entities engaged in transport activities within Australia and ensures compliance with stringent security measures. Any exemptions or thresholds are determined through subordinate instruments that may specify particular categories of transport or entities that are subject to different requirements.
The Sport Integrity Australia Amendment (World Anti-Doping Code Review) Act 2020 pertains to the regulation of sports integrity in Australia, specifically addressing anti-doping measures in line with the World Anti-Doping Code. This Act applies to athletes, sporting bodies, and officials involved in sports and sporting events, ensuring that all participants adhere to the anti-doping standards established by the World Anti-Doping Agency. The Act's jurisdiction is national, covering all sporting activities within Australia, and it seeks to maintain the integrity of sports by preventing the use of performance-enhancing drugs. While the Act generally applies to all sports and athletes, specific exclusions or thresholds are detailed in the subordinate legislation, which may provide certain categories of athletes or sports with modified requirements.
Key Provisions
The main operative sections of the Transport Security Amendment (Testing and Training) Act 2020 (section 3) require the establishment of a national framework for the testing and training of transport security officers. This framework is designed to ensure that these officers are adequately prepared to perform their duties effectively and safely. The Act also mandates the development of national standards for training programs (section 4) and the creation of a body responsible for overseeing the implementation and enforcement of these standards (section 5). Furthermore, it requires the Minister to review and report on the effectiveness of the testing and training framework every three years (section 6).
The obligations imposed by this Act are primarily on transport security officers and training providers. Transport security officers must undergo the specified testing and training to ensure they meet the required standards (section 7). Training providers are required to develop and deliver training programs that comply with the national standards set by the Act (section 8). Additionally, the Minister has the responsibility to monitor and enforce compliance with the Act, including the issuance of compliance notices and the ability to suspend or revoke accreditation of training providers who fail to meet the required standards (section 9).
Breaches of the Transport Security Amendment (Testing and Training) Act 2020 can lead to various consequences. Transport security officers who fail to undergo the required testing and training may face disciplinary action, including potential termination of employment (section 10). Training providers who do not comply with the national standards may face penalties, including fines of up to $100,000 for individuals and $500,000 for bodies corporate (section 11). Additionally, the Minister has the authority to suspend or revoke the accreditation of non-compliant training providers, effectively barring them from offering transport security training services (section 12). These measures are intended to ensure high standards of training and testing within the transport security sector.