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.
Overview
The Aviation Transport Security Amendment (Screening) Act 2012 was enacted to address the need for enhanced aviation security measures in Australia, specifically by supporting the use of body scanners at international airports. The Act was introduced to align Australian aviation security protocols with those of other major countries, thereby ensuring a consistent approach to safeguarding against aviation terrorism. It was passed by the Australian Parliament and received Royal Assent on 8 September 2012. The policy objective of the Act is to balance the highest level of security with minimal disruption to passenger flow, while also allowing for the introduction of new screening technologies as they become available. Extensive consultation was conducted with various stakeholders, including privacy and civil interest groups, the aviation industry, and other government agencies, to ensure the Act met both security and operational requirements effectively.
Scope and Application
The Aviation Transport Security Amendment (Screening) Act 2012 applies to the Australian government, including the Department of Infrastructure and Transport, and to aviation industry participants such as airlines and airport operators. The Act is designed to enhance aviation security by supporting the screening of passengers using body scanners at Australian international airports, ensuring that travellers receive the highest level of protection against aviation terrorism. This legislation ensures consistency with other nations that have adopted similar screening technologies, and provides the flexibility for the government to incorporate new screening tools as technology improves. The Act also aims to balance security measures with minimal disruption to passenger facilitation. Geographically, the Act applies to Australian international airports, aligning with the Commonwealth's jurisdiction over aviation security. Any exclusions, exemptions, or thresholds are detailed within the Act itself, which extends or restricts its application through subordinate instruments as necessary. The Act received Royal Assent on 8 September 2012, and the Proclamation fixes 27 November 2012 as the commencement date for specific items, ensuring timely implementation and industry readiness.
Key Provisions
The Aviation Transport Security Amendment (Screening) Act 2012 introduces significant changes to aviation security practices in Australia. Section 2(1) of the Act mandates that the provisions of Schedule 1, which include the introduction of body scanners at Australian international airports, commence on a date to be determined by proclamation. The Act aims to enhance security measures to protect Australian travellers from aviation terrorism, aligning with international standards used by countries such as the United States, Canada, the United Kingdom, and the Netherlands. It also allows for the introduction of new screening technologies as they become available, ensuring a balance between security and passenger convenience. The Department of Infrastructure and Transport played a key role in developing the Act, engaging with a wide range of stakeholders through consultations and trials to assess public acceptance and operational feasibility.
The Act imposes specific obligations on various parties involved in aviation security. The Minister for Infrastructure and Transport, for instance, is required to ensure the implementation of screening measures in accordance with the Act. Similarly, airport operators must comply with the new screening policies and ensure that body scanners are used effectively. Airlines and other aviation industry participants also have responsibilities to cooperate with the new screening measures and to ensure that passengers are informed about the screening process. Furthermore, the Act requires the Minister to consult with other government agencies, including the Department of Health and Ageing, to ensure that the screening practices do not adversely affect public health or privacy.
Breaches of the Act can result in significant penalties and consequences. Section 36 of the Act specifies that any person who contravenes a provision of the Act is liable to a penalty. The maximum penalty for an individual is 10,000 penalty units, while the maximum penalty for a corporation is 50,000 penalty units. These penalties reflect the serious nature of aviation security and the potential risks associated with non-compliance. Additionally, the Act allows for civil and criminal consequences for serious breaches, which could include fines or imprisonment, depending on the severity of the offence. These provisions underscore the importance of adhering to the security measures outlined in the Act to protect the safety of air travel in Australia.