Transport Security Legislation Amendment Act 2017

Overview

The Transport Security Legislation Amendment Act 2017 No. 18, 2017 was enacted to address gaps in existing legislation related to transport security, particularly concerning aviation and maritime security. This Act was passed by the Parliament of Australia and received Royal Assent on 28 March 2017. Its primary objective is to strengthen security measures in the aviation and maritime sectors by amending the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003. The amendments aim to ensure that security provisions cover not only entry but also remaining in designated security areas within airports and maritime facilities, thereby enhancing the overall security framework.

Scope and Application

The Transport Security Legislation Amendment Act 2017 is a Commonwealth Act that primarily amends the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003. This Act applies to individuals and entities involved in the aviation and maritime transport sectors, including those who hold or act in specific positions within these sectors. It specifically targets conduct and transactions that involve security measures in relation to aircraft and maritime vessels. The Act extends its reach nationally, impacting both domestic and international transport activities that fall within its scope. It does not explicitly outline exclusions or exemptions but rather focuses on clarifying and enhancing the existing security protocols within these transport industries. The Act's provisions are designed to ensure that security measures are adequately enforced, particularly concerning access to and presence in security-controlled zones within airports and maritime facilities. The Act's application can be further extended or clarified through subordinate instruments, such as regulations or guidelines, which may provide additional detail or operational context for the amended provisions.

Key Provisions

The Transport Security Legislation Amendment Act 2017 amends two significant pieces of legislation: the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003. The primary changes pertain to the definition and application of certain security-related offences under these Acts. For instance, under the Aviation Transport Security Act 2004, amendments have been made to paragraphs 35(2)(f), 36(2)(f) and 36A(2)(f) by inserting the phrase ", or that are in," after "for entry to". This modification appears to extend the scope of certain security-related offences to include instances where a person is in a specified area, not just when they are entering it. Similarly, changes have been made to subsections 41(1), 41A(1)(b)(ii), 42(1), 43(1) and 44(3), which now explicitly state that offences can be committed in preparation for boarding an aircraft or in order to enter or remain in a security-controlled airport. Subsection 127(2) has been amended to include a reference to "(2)(i)" after "(2)(aa)". The Act imposes several obligations on the parties and entities it governs. For example, it requires that any person found to be in violation of the specified security provisions can be charged under the amended sections. These amendments seem to expand the circumstances under which security offences can be committed, thereby increasing the scope of the Act's applicability. In addition, the Act requires that the offences related to security controlled areas now include the act of remaining in such areas, not just entering them. Furthermore, it mandates that certain high-level officials, specifically those holding or acting in an Executive Level 2, or equivalent, position, are subject to these security provisions, as indicated by the amendments to subsections 202(2) of the Maritime Transport and Offshore Facilities Security Act 2003. The Transport Security Legislation Amendment Act 2017 introduces penalties and consequences for breaches of its provisions. While the Act does not specify maximum penalties, it is reasonable to infer that breaches of these security provisions could result in significant legal consequences, given the nature of the offences. Offences under the amended sections could potentially lead to criminal charges, fines, and imprisonment, depending on the severity of the breach and the discretion of the court. For instance, subsections 41(1), 41A(1)(b)(ii), 42(1), 43(1) and 44(3) could result in penalties for actions taken in preparation for boarding an aircraft or for entering or remaining in a security-controlled airport. Additionally, the omission of certain high-level positions from the scope of subsection 202(2) may suggest a targeted approach to enforcement, potentially leading to more severe penalties for those in positions of greater responsibility.