Direction to Protect an Image of the Holder on a Temporary Aviation Security Identification Card by means other than a Kinegram®

Overview

The Aviation Transport Security Act 2004 was enacted to provide for security measures in relation to aviation transport, including the security of passengers and aircraft, to prevent acts of unlawful interference. This legislation was introduced to address the problem of ensuring that the security of the aviation industry is not compromised, particularly in terms of safeguarding the identities of those who are granted access to secure areas of airports and aircraft. The Act was passed by the Parliament of Australia and its primary policy objective is to enhance aviation security by implementing stringent measures for the identification and vetting of individuals involved in the aviation transport sector. The Act provides the framework for the issuance of aviation security identification cards, which are essential for the controlled access to sensitive areas within the aviation industry. The direction issued under the Act by Jason Dickie, the Acting General Manager of the Office of Transport Security, Department of Infrastructure and Regional Development, specifies the requirements for the protection of the holder’s image on a temporary aviation security identification card issued by Qantas Airways Ltd. This direction, which includes the incorporation of specific security features such as an embedded Qantas logo, the word ‘QANTAS’ behind the expiry date, a cold stamped optically variable device, and security cuts on the card base label, aims to ensure that the temporary identification cards are adequately protected against counterfeiting and misuse. The lamination process, including the holographic image of the Qantas kangaroo logo, further enhances the security of these cards. This direction is effective from 1 January 2018 to 31 December 2018, ensuring that the security measures are in place for the specified period.

Scope and Application

The Aviation Transport Security Act 2004, as evidenced by the direction issued by Jason Dickie, Acting General Manager of the Office of Transport Security, pertains specifically to the security and protection of images on temporary aviation security identification cards (ASIC) issued by Qantas Airways Ltd. This legislation applies to the aviation industry, focusing on the security measures to be incorporated into temporary ASICs to safeguard the integrity of the holder's image. The geographic reach of this Act is national, as it falls under the Commonwealth’s regulatory framework for aviation security. The direction mandates that Qantas Airways Ltd must embed specific protective features within the temporary ASIC, such as an embedded Qantas logo, the word ‘QANTAS’ behind the expiry date, a cold stamped optically variable device, and security cuts covering parts of the holder’s image. Additionally, the temporary ASIC must undergo a lamination process within a clear laminate pouch featuring a holographic Qantas kangaroo logo, and be affixed to a backing card detailing the conditions of use and return procedures. This directive is in effect from 1 January 2018 to 31 December 2018 and is subject to revocation upon written notice and subsequent publication in the Commonwealth of Australia Gazette.

Key Provisions

The main operative sections of this legislation mandate that Qantas Airways Ltd must protect the image of a holder on a temporary aviation security identification card (ASIC) by incorporating specific features (subsection 6.37(3)(d)(ii) of the Aviation Transport Security Regulations 2005). Firstly, an embedded image of the Qantas logo must be located in the box where the holder's image is to be displayed. Secondly, the word 'QANTAS' must be embedded in the temporary ASIC and located behind the date of expiry. Thirdly, a cold stamped optically variable device must be placed on the temporary ASIC in the same position as the ASIC Kinegram® requirements within the Regulations. Finally, security cuts to the temporary ASIC base label must be incorporated, covering parts of the holder's image, expiry, and optically variable device. These requirements are designed to ensure the security and authenticity of the temporary ASIC. The obligations and requirements imposed by this legislation on Qantas Airways Ltd are quite specific. The company must ensure that the temporary ASIC is protected by a lamination process in a clear laminate pouch containing a holographic image of the Qantas kangaroo logo. Before lamination, the temporary ASIC base label must be affixed to a backing card outlining the conditions of use under the Regulations, including instructions on how to properly display the temporary ASIC and information on how to return the card to the issuing body. Additionally, the temporary ASIC must meet all other requirements stipulated under Regulation 6.37. The legislation does not explicitly outline offences, penalties, or consequences for breach. However, it is implied that failure to comply with these requirements could lead to potential security risks and non-compliance with the Aviation Transport Security Regulations 2005. The consequences of such non-compliance could potentially include legal action by the issuing authority, revocation of the temporary ASIC, or other regulatory penalties as prescribed under the broader legislative framework. This direction issued by the Acting General Manager, Office of Transport Security, Department of Infrastructure and Regional Development, is in force from 1 January 2018 and ceases on 31 December 2018. This timeframe is set to ensure the temporary ASIC meets the heightened security standards during this period. The directive ensures that all necessary measures are taken to protect the integrity of the temporary ASIC, thereby maintaining the security of aviation transport.