EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 117
Minute No. 10 of 2007 – Minister for Transport and Regional Services
Subject – Inspector of Transport Security Act 2006
Inspector of Transport Security Regulations 2007
The Inspector of Transport Security Act 2006 (the Act) establishes a statutory basis for the role of the Inspector of Transport Security. The Act provides a framework for independent inquiry and recommendations in relation to transport security matters in order to contribute to the improvement of transport security. The Inspector’s role is to undertake inquiries, when required by the Minister for Transport and Regional Services, into major transport security incidents, circumstances that suggest a systemic failure or weakness in transport security arrangements or matters that may have implications for transport security arrangements in Australia.
Section 93 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the Regulations is to:
- identify the international obligations that the Inspector must comply with;
- describe identity cards for those delegated search powers under the Act;
- prescribe the criteria that a person must satisfy to be delegated powers under the Act; and
- detail the amount of the fee for attendance at a coronial inquiry and the due date for payment.
Paragraph 40(2)(a) of the Act provides that the identity card issued to a person who can exercise powers to enter and search transport vehicles and premises must be in the form prescribed by the regulations. The purpose of the Regulations is to prescribe the form that the identity cards must take.
Paragraph 82(1)(c) of the Act provides that the Inspector may delegate powers and functions to a person who satisfies the criteria prescribed by the regulations. The effect of this is to ensure that a person delegated powers has suitable experience and expertise to carry out their roles. The Regulations identify the criteria that must be met before a person is delegated any powers or functions by the Inspector.
Section 81 of the Act states that the Inspector must perform his or her functions in a manner that is consistent with Australia’s obligations under international agreements that are identified by the regulations. The purpose of the Regulations is to specify the relevant international agreements and the Inspector’s obligations under these.
Subsection 88(2) of the Act provides that the amount of the fee for attendance at a coronial inquiry, and the due date for payment, are to be determined under the regulations. The Regulations determine this amount and due date.
The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on Proclamation of Section 93 of the Inspector of Transport Security Act 2006 ( a date to be fixed by Proclamation or six months after the Act received Royal Assent).
The Inspector of Transport Security Act 2006 was drafted in consultation with Australian Government agencies, state and territory governments and key industry stakeholders, who were made aware that several operational regulations would be required. For this reason no additional consultation was carried out for the Inspector of Transport Security Regulations 2007, particularly as the Regulations will affect the Office of the Inspector of Transport Security and not external bodies.
Authority: Section 93 of the
Inspector of Transport Security Act 2006
Overview
The Inspector of Transport Security Act 2006, enacted by the Parliament of Australia, was introduced to establish a statutory framework for the role of the Inspector of Transport Security. This legislation aims to enhance transport security through independent inquiry and recommendations on major transport security incidents, systemic failures, and matters impacting transport security arrangements in Australia. The Act empowers the Inspector to undertake these inquiries upon the Minister's request. The Inspector of Transport Security Regulations 2007 complement the Act by detailing specific requirements, including the form of identity cards for delegated search powers, criteria for delegation of powers, compliance with international obligations, and fees for attendance at coronial inquiries. These Regulations were made under the authority of section 93 of the Inspector of Transport Security Act 2006 and are intended to provide necessary operational clarity for the Inspector's role without further consultation, given their internal focus.
Scope and Application
The Inspector of Transport Security Act 2006 establishes the legal framework for the Inspector of Transport Security, tasked with conducting independent inquiries and making recommendations on transport security matters. This Act applies to the Inspector of Transport Security, who is responsible for investigating major transport security incidents, systemic failures or weaknesses in transport security arrangements, and other matters impacting transport security in Australia. The Inspector may delegate specific powers and functions to qualified individuals who meet the criteria set out in the Inspector of Transport Security Regulations 2007. These Regulations prescribe the form of identity cards for delegated powers, the criteria for delegation, and the fees and due dates for attendance at coronial inquiries. The Act's scope extends across the Commonwealth, and its application is facilitated by subordinate regulations which provide necessary details for the effective execution of the Act's provisions. The Inspector of Transport Security Act 2006 and its associated Regulations are designed to enhance the security of Australia's transport systems through rigorous and independent oversight.
Key Provisions
The main operative sections of the Inspector of Transport Security Regulations 2007 provide for the identification of international obligations relevant to the Inspector's role (regulation 4), the form of identity cards for those delegated search powers (regulation 5), the criteria that must be met by individuals to be delegated powers under the Act (regulation 6), and the fee for attendance at a coronial inquiry along with the due date for payment (regulation 7). Section 4 of the Regulations identifies international agreements that the Inspector must comply with, such as the Chicago Convention on International Civil Aviation and the International Civil Aviation Organization’s Annex 17, which are essential for ensuring the Inspector’s activities align with global standards of transport security. Section 5 prescribes the specific form that identity cards must take for those who exercise powers to enter and search transport vehicles and premises, ensuring that these cards are recognisable and legitimate. Section 6 outlines the criteria a person must satisfy to be delegated powers under the Act, ensuring that these individuals possess the necessary experience and expertise. Section 7 specifies the amount of the fee for attending a coronial inquiry and the due date for payment, providing clarity and consistency in financial obligations related to these inquiries.
The Regulations impose several obligations on the parties they govern. Firstly, the Inspector of Transport Security is required to comply with the international obligations outlined in the Regulations, ensuring that their activities are in line with global transport security standards. Secondly, individuals who are delegated powers must meet the criteria specified in regulation 6, ensuring that they have the requisite experience and expertise. Thirdly, the form of identity cards prescribed in regulation 5 must be adhered to, ensuring that those who exercise search powers are properly identified. Lastly, the fee for attendance at a coronial inquiry, as determined in regulation 7, must be paid by the due date, ensuring timely and consistent financial compliance.
The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the prescribed criteria for delegation of powers, failure to adhere to the form of identity cards, or not paying the specified fee by the due date could potentially lead to legal repercussions under the broader framework of the Inspector of Transport Security Act 2006. For instance, if an individual exercises powers without meeting the delegation criteria, this could be considered an unlawful act, potentially leading to legal action. Similarly, using an identity card that does not conform to the prescribed form could result in the invalidation of any searches conducted, and failure to pay the fee by the due date might incur additional administrative or legal penalties. While the specific penalties are not detailed in the Regulations, they would likely be addressed under the overarching provisions of the Act.