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 Regulations 2005 were enacted by the Parliament of Australia to establish comprehensive security measures for the aviation industry, addressing the need to protect the integrity and safety of air travel. This regulation was introduced to ensure that aviation security identification cards (ASICs) meet stringent security standards to prevent fraud and misuse. In this context, the Department of Infrastructure and Transport, through its Office of Transport Security, has issued a direction to enhance the security features of temporary ASICs issued by Qantas Airways Ltd. The policy objective of this direction is to safeguard the image of the card holder by incorporating specific security elements 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. Furthermore, the temporary ASIC must be laminated in a pouch featuring a holographic Qantas logo and affixed to a backing card detailing the conditions of use. This directive aims to maintain the integrity of the temporary ASICs and is effective from 24 January 2013 until 31 December 2015.

Scope and Application

The Aviation Transport Security Regulations 2005 establish comprehensive security measures to safeguard aviation operations within Australia. This legislation applies to any person or entity involved in the aviation industry, including airlines, airport operators, and other stakeholders engaged in air transport. The Regulations encompass a broad spectrum of conduct and transactions related to aviation security, such as the issuance and protection of Aviation Security Identification Cards (ASICs). The geographic reach of these Regulations extends nationally, enforcing stringent security protocols across all states and territories. However, certain exclusions and exemptions may apply, such as for non-commercial or private flights, which are subject to separate regulations. The Regulations are further extended or restricted through subordinate instruments, which provide additional details and operational guidelines for compliance. In this specific instance, the direction issued mandates Qantas Airways Ltd to adopt specific measures to protect the image of card holders on temporary ASICs, ensuring compliance with the stringent security standards set forth in the Regulations.

Key Provisions

The main operative sections of the Aviation Transport Security Regulations 2005, as referenced in the Direction, require that Qantas Airways Ltd, as the issuing body of temporary Aviation Security Identification Cards (ASIC), incorporate specific security features to protect the holder’s image. Section 6.37(3)(d)(ii) mandates these features to ensure the integrity and authenticity of the temporary ASIC. The Direction specifies that the image of the Qantas logo must be embedded where the holder’s image is displayed, and the word ‘QANTAS’ must be embedded behind the date of expiry. Furthermore, a cold stamped optically variable device must be placed on the temporary ASIC in accordance with the ASIC Kinegram® requirements, and security cuts must be made to the base label, covering parts of the holder’s image, expiry, and the optically variable device. In terms of obligations, Qantas Airways Ltd must ensure that the temporary ASIC is protected via a lamination process within 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 that outlines the conditions of use under the Regulations, including proper display instructions and information on returning the card to the issuing body. All other requirements under Regulation 6.37 must also be met. There are no explicit offences, penalties, or consequences mentioned for breach in the Direction itself; however, any failure to comply with the Aviation Transport Security Regulations 2005 could result in enforcement actions by the relevant authorities. Non-compliance with these regulations could potentially lead to legal consequences, including fines or other penalties as stipulated in the overarching legislation. The exact penalties for breaches would be determined in accordance with the broader framework provided by the Act. The Direction is in effect from 24 January 2013 and will remain in force until 31 December 2015. This timeframe indicates a specific period during which the outlined security measures must be implemented and adhered to by Qantas Airways Ltd. Compliance during this period is critical to maintaining the security and integrity of the temporary ASICs issued under the Regulations.