EXPLANATORY STATEMENT
Issued by authority of the delegate of the Secretary of the Department of Transport and Regional Services
Subject Aviation Transport Security Act 2004
The Aviation Transport Security Act 2004 Act (the Act) establishes a regulatory framework to safeguard against unlawful interference with aviation. To achieve this purpose, the Act establishes minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation related activities.
Paragraph 104(4)(a) of the Act requires an airport operator to report aviation security incidents that relate to the airport of the airport operator to the Secretary.
Paragraph 105(4)(a) of the Act requires an aircraft operator to report aviation security incidents that relate to an aircraft of the aircraft operator to the Secretary.
Subsection 106(2) of the Act requires a person with incident reporting responsibilities to report aviation security incidents to the Secretary. Each of the following is a person with incident reporting responsibilities:
(a) an aviation security inspector;
(b) an airport security guard;
(c) a screening officer; and
(d) an aviation industry participant, other than an airport operator, aircraft operator or employee of another aviation industry participant.
Subsection 107(1) provides that the Secretary may publish a notice in the Gazette setting out what information must be included in a report and how reports must be made.
The attached gazette notice has been prepared to:
(a) require the person reporting the aviation security incident to provide certain minimum information; and
(b) require the report to be made to the DOTARS Operations Centre in writing or orally and followed up in writing within 24 hours.
Information contained in reports will allow the Department to capture and efficiently monitor any act of unlawful interference with aviation perpetrated in Australia. The reports will also allow for the provision of core information for required Australian Government reporting on such incidents to the International Civil Aviation Organization.
Impact and effect of instrument
Under subsection 107(3) of the Act, if a person reports an aviation security incident, but does not comply with the requirements in the attached gazette notice, the report is taken, for the purposes of Part 6 of the Act, not to have been made.
A failure to report an aviation security incident in accordance with Divisions 3 and 4 of Part 6 of the Act may be an offence (sections 100, 101 and 102).
Nature of consultation undertaken
In addition to the extensive consultation undertaken with industry as part of the development of the regulatory framework, the adequacy of the information sought concerning incident reporting has been assessed by the Department’s Office of Transport Security State Directors and Aviation Security Inspectors respectively. These officers and their industry counterparts have provided DOTARS with this type of incident reporting almost daily for over five years.
The Legislative Instrument commences on 10 March 2005.
Authority: Section 107 of the Aviation Transport Security Act 2004
Overview
The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to establish a regulatory framework aimed at safeguarding against unlawful interference with aviation. This Act sets minimum security requirements for civil aviation in Australia by imposing obligations on various persons engaged in civil aviation-related activities. It ensures that entities such as airport operators, aircraft operators, and other aviation industry participants report aviation security incidents to the Secretary. The purpose of these reports is to allow the Department of Transport and Regional Services to monitor and respond to any acts of unlawful interference effectively, and to provide necessary information for reporting to international bodies such as the International Civil Aviation Organization. The Act also includes provisions for the Secretary to issue notices detailing the information that must be included in such reports and the manner in which they should be submitted. Failure to comply with these reporting requirements can result in the report being deemed not made, and may constitute an offence under the Act.
Scope and Application
The Aviation Transport Security Act 2004 sets out a comprehensive regulatory framework aimed at safeguarding Australia's civil aviation against unlawful interference. This Act applies to a wide range of entities and individuals, including airport operators, aircraft operators, aviation security inspectors, airport security guards, screening officers, and other aviation industry participants. The obligations imposed by the Act include the mandatory reporting of aviation security incidents to the Secretary, with specific requirements for the content and manner of reporting. The Act's jurisdictional reach is national, extending across Australia and ensuring uniform security standards are maintained. Notably, the Act allows for the Secretary to issue notices in the Gazette detailing the necessary information for incident reports and the prescribed methods of reporting. Non-compliance with these reporting requirements can result in the report being deemed not made, potentially leading to penalties under the Act. This legislative framework is designed to facilitate efficient monitoring of unlawful interference and to support the Australian Government's reporting obligations to the International Civil Aviation Organization.
Key Provisions
The main operative sections of the Aviation Transport Security Act 2004 (the Act) are sections 104, 105, and 106, which establish the framework for reporting aviation security incidents. Section 104(4)(a) requires airport operators to report incidents related to their airports to the Secretary, while section 105(4)(a) mandates aircraft operators to report incidents related to their aircraft. Section 106(2) further specifies that certain individuals, including aviation security inspectors, airport security guards, screening officers, and aviation industry participants (excluding airport or aircraft operators and their employees), must report incidents to the Secretary. The Act also includes provisions for the Secretary to issue notices in the Gazette, as per section 107(1), detailing the information to be included in these reports and the manner in which they should be submitted.
The Act imposes specific obligations on the parties it governs. Airport operators and aircraft operators must ensure that any security incidents occurring within their purview are reported to the Secretary in a timely and accurate manner. Other individuals, such as aviation security inspectors, airport security guards, and screening officers, also have a responsibility to report incidents. Additionally, aviation industry participants who are not airport or aircraft operators or employees of such operators must report incidents. The Secretary may issue notices, under section 107(1), specifying the required content and format of these reports, which must then be submitted to the Department of Transport and Regional Services (DOTARS) Operations Centre either in writing or orally, followed by a written confirmation within 24 hours.
Failure to comply with the reporting requirements set out in the Act and the gazette notice can have significant consequences. If a person reports an aviation security incident but does not comply with the notice, the report is deemed not to have been made for the purposes of Part 6 of the Act, as stated in section 107(3). Furthermore, under sections 100, 101, and 102 of the Act, a failure to report an aviation security incident as required by Divisions 3 and 4 of Part 6 may constitute an offence. The exact nature and severity of the penalties for such offences would depend on the specific circumstances and relevant provisions of the Act, but they could include substantial fines and other legal repercussions.