Aviation Transport Security Amendment Regulation 2013 (No. 1)

Overview

The Aviation Transport Security Amendment Regulation 2013 (No. 1) was introduced to enhance the regulatory framework established by the Aviation Transport Security Act 2004. This legislative instrument, issued under the authority of the Minister for Infrastructure and Transport, aims to address the need for improved monitoring and management of visitor identification within secure zones of security controlled airports. Specifically, it seeks to enable the Secretary to obtain statistical information about the issuance of Visitor Identification Cards (VICs) from VIC issuers, facilitating better oversight and the continuous improvement of visitor management protocols. The Regulation was enacted to ensure compliance with aviation security requirements without infringing on personal privacy or security compliance information, as defined by the Privacy Act 1988. Consultations with industry stakeholders were conducted to ensure the regulation met practical needs, and it was found to be compatible with human rights, as it does not engage any applicable rights or freedoms. The Regulation commenced the day after registration, ensuring timely implementation of the required amendments.

Scope and Application

The Aviation Transport Security Amendment Regulation 2013 (No. 1) amends the Aviation Transport Security Regulations 2005 to enable the Secretary, under section 111 of the Aviation Transport Security Act 2004, to require aviation industry participants, specifically Visitor Identification Card (VIC) issuers, to provide statistical information on the issuing of VICs at security controlled airports. This is done to ensure that the collected data does not include personal information or security compliance information, as per the Privacy Act 1988 and the Act itself. VICs are intended for temporary access to non-frequent visitors in secure zones of security controlled airports and must be supervised by an Aviation Security Identification Card (ASIC) holder. The purpose of this amendment is to monitor the actual usage of VICs and to help in the ongoing development of the ASIC scheme. The Regulation allows the Secretary to issue a written notice to VIC issuers requiring information in the form and manner specified in the notice, without infringing on any human rights as the information requested is of a statistical nature and does not include personal information or any information that could identify individuals. The Regulation is compatible with human rights as it does not engage any of the applicable rights or freedoms. The Regulation applies to the Commonwealth jurisdiction and is applicable to VIC issuers, including security controlled airports, Secretary approved VIC issuers and the Australian Customs and Border Protection Service. The Regulation does not pose any conditions that need to be satisfied before the power to make the Regulation may be exercised. The Regulation is a legislative instrument for the purpose of the Legislative Instruments Act 2003 and commences the day after registration.

Key Provisions

The main operative sections of the Aviation Transport Security Amendment Regulation 2013 (No. 1) pertain to the addition of new subregulation 6A.01(1) under Part 6A of the Aviation Transport Security Regulations 2005 (the Principal Regulations). This amendment specifies that statistical information relating to the issuing of Visitor Identification Cards (VICs) is considered aviation security information, provided that it does not include personal information or security compliance information as defined by the Privacy Act 1988. Consequently, this allows the Secretary of the Department of Infrastructure and Transport to require VIC issuers to provide this statistical information on an as-needed basis (Section 4, Schedule 1, Item [2]). The Secretary can issue a written notice to VIC issuers, mandating them to furnish the information in the specified form and manner (Section 111(2) of the Aviation Transport Security Act 2004). Additionally, the new subregulation 6A.01(2) provides examples of the type of statistical information that might be required, although VIC issuers are not expected to provide instant reports in the event of an audit or inspection. The Act imposes certain obligations and requirements on the parties governed by it, primarily VIC issuers. These issuers, which include security-controlled airports, Secretary-approved VIC issuers, and the Australian Customs and Border Protection Service, must comply with the Secretary's requests for statistical information regarding the issuance of VICs. VIC issuers are expected to maintain records and be prepared to provide the requested data when required. The information sought will include details such as the number of visitors to an airport, the number of VICs issued, and the number of cards not returned. Importantly, this information must be statistical in nature and cannot include personal information or any data that could identify individuals (Section 109 of the Act). There are no specific offences, penalties, or civil/criminal consequences mentioned for non-compliance with the requirements set forth in the Regulation. However, the failure to provide the requested statistical information when required by the Secretary could potentially lead to regulatory actions or scrutiny from the Department of Infrastructure and Transport. The primary focus of the Regulation is to facilitate the monitoring of VIC usage and to aid in the ongoing development and improvement of the Aviation Security Identification Card (ASIC) scheme at security-controlled airports. Given that the Regulation's intent is to gather information for oversight and improvement purposes, rather than to enforce punitive measures, the primary consequence of non-compliance would likely be administrative or regulatory in nature.