EXPLANATORY STATEMENT
Aviation Transport Security Amendment (Screening) Act 2012
Proclamation
Subsection 2 (1) of the Aviation Transport Security Amendment (Screening) Act 2012 (the Act) provides that Schedule 1 of the Act commence on a day to be fixed by proclamation.
The purpose of the Proclamation is to fix 27 November 2012 as the day on which items 1 and 2 of Schedule 1 to the Act commence.
The Act supports screening by body scanners at Australian international airports. This ensures that Australian travellers are afforded the highest level of protection against aviation terrorism, allowing consistency with countries such as the United States of America, Canada, the United Kingdom and the Netherlands. The Act provides flexibility in the future for the Government to introduce new screening tools as improvements are made to existing technologies. It also ensures that these technologies are used in such a way that achieves both a maximum security outcome and minimal impact on passenger facilitation.
The Department of Infrastructure and Transport (the Department) has undertaken a comprehensive program of consultation in relation to the introduction of body scanners for aviation security screening. This included two roundtable discussions facilitated by the Office of the Australian Information Commissioner, the first in September 2010 and the second in September 2011, involving a range privacy and civil interest groups. In addition, a trial of body scanners was conducted at Sydney and Melbourne international airports in 2011 and a survey was undertaken to gauge public acceptance of the technology.
The Department has also been involved in regular, ongoing consultation since 2010 with the aviation industry participants who will be required to implement the new screening policies. Furthermore, other government agencies with an interest in the health, privacy and operational aspects of this policy were also consulted during its development. These agencies include the Department of the Prime Minister and Cabinet, the Department of Foreign Affairs and Trade, the Department of Immigration and Citizenship, the Department of Health and Ageing, the Australian Radiation Protection and Nuclear Safety Agency, and the Attorney-General’s Department.
The Act received the Royal Assent on 8 September 2012.
The commencement date ensures that the Act is in alignment with accompanying regulatory amendments and meets industry expectations for the implementation of body scanners.
A Statement of Compatibility with Human Rights was prepared for the Act, and therefore an additional Statement is not required for the Proclamation.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.