REPLACEMENT EXPLANATORY STATEMENT
Issued by the authority of the Minister for Infrastructure and Transport
Inspector of Transport Security Act 2006
Inspector of Transport Security Regulations 2017
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 Infrastructure and Transport, 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 Inspector of Transport Security Regulations 2017 will replace and repeal the Inspector of Transport Security Regulations 2007, which are due to sunset on 1 October 2017 in accordance with subsection 50(2) of the Legislation Act 2003.
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.
As per the Legislation Act 2003, paragraph 15J (2) (e), no consultation was undertaken when remaking the 2007 Regulations as they provide for the continuation of the current practice (which affect the Inspector of Transport Security and not external bodies).
Details of the Regulations are set out in Attachment A.
The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the
Legislative Instruments Act 2003.
The Regulations are to commence on the day after the instrument is registered on the Federal Register of Legislation.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Inspector of Transport Security Regulations 2017
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instruments
This Legislative Instrument assists in enabling the Inspector of Transport Security to conduct inquiries into transport security matters and offshore security matters in accordance with a direction from the Minister and prepare reports in relation to those inquiries.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for Infrastructure and Transport,
The Hon Darren Chester MP
ATTACHMENT A
Inspector of Transport Security Regulations 2017
Section 1 – Name
This section provides that the title of the Regulations is the Inspector of Transport Security Regulations 2017.
Section 2 – Commencement
This section provides that the Regulations commence on the day after the instrument is registered.
Section 3 – Authority
This section provides that the Regulations are made under the Inspector of Transport Security Act 2006.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable terms in the Schedule concerned, and any other item in a Schedule to the Regulations has effect according to its terms.
Section 5 – Definitions
This section determines that in these Regulations, ‘Act’ means the Inspector of Transport Security Act 2006.
This section also notes that in these Regulations, a number of expressions in this instrument are defined in the Act.
Section 6 – Form of identity card
This section sets out the form that an identity card must be in for the purposes of subsection 40 (2) of the Act. This regulation specifies the information that the identity card must contain, including the number of the card, date of issue and expiry, as well as the name and signature of the cardholder. It also provides that the identity card must identify the powers that the person is empowered to exercise under the Act.
Section 7 – Australia’s international obligations affecting Inspector’s powers and functions
This section lists two international obligations under one international agreement with which the Inspector must comply.
The Inspector must comply with paragraph 5.12 of Annex 13 of the Convention on International Civil Aviation of 7 December 1944 (The Convention) during the course of an investigation into a transport security incident. Paragraph 5.12 of Annex 13 provides that a State conducting an investigation of an accident or incident shall not make certain types of information available for purposes other than the investigation unless an “appropriate authority for the administration of justice” authorises it.
Paragraph 6.2 of Annex 13 of the Chicago Convention must be complied with by the Inspector during the course of an investigation into a transport security incident. The inclusion of the obligations contained in paragraph 6.2 of Annex 13 also limits the Inspector’s use of information obtained under the Act. Compliance with paragraph 6.2 requires that the Inspector or delegate not release this information without the express consent of the State, which provided it, unless the information was already published or released by that State.
Section 81 of the Inspector of Transport Security Act 2006 incorporates provisions of the Annex as in force from time to time. This section envisages that the regulations will simply identify Australia’s obligations under international agreements, and not indicate whether the agreements (or obligations under them) are as in force from time to time.
This section notes that The Convention can be located in the Australian Treaty series 1957 No. 5 ([1957] ATS 5) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). This only provides context to The Convention, which contains provisions for adoption of annexes. The individual annexes can be accessed at a cost from the International Civil Aviation Organisation Online Store or by a government agency that has access as an ICAO signatory.
Section 8 – Criteria for person to be delegated Inspector’s powers and functions
This section sets out the criteria that need to be satisfied by a delegate of the Inspector so that they may be delegated powers and functions under the Act. This regulation is intended to make sure that only suitable people are delegated powers by the Inspector. This includes those with relevant expertise, experience or training and those currently employed in a relevant transport industry.
Section 9 – Fee for attendance at coronial inquiry
This section details the fee payable to the Commonwealth for attendance at a coronial inquiry. Subregulation (1) provides a summary of requirements for this section as per subsection 88 (2) of the Act. Subregulation (2) provides the criteria for determining the amount of the fee payable to the Commonwealth. The maximum fee payable to the Commonwealth for attendance at a coronial inquiry is detailed in subregulation (3) as $1,000 for a full day of attendance or $133.33 for each hour or part of an hour up to the full day fee. Subregulation (4) provides that the fee must be paid within 30 days after the last day of the inquiry.