AVIATION TRANSPORT SECURITY AMENDMENT REGULATION 2013 (NO. 1) (SLI NO 47 OF 2013) EXPLANATORY STATEMENT

AVIATION TRANSPORT SECURITY AMENDMENT REGULATION 2013 (NO. 1) (SLI NO 47 OF 2013)

The Aviation Transport Security Act 2004 (the Act) and the Aviation Transport Security Regulations 2005 (the Principal Regulations) establish a regulatory framework to safeguard against unlawful interference with aviation.

Subsection 133(1) 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.

Subsection 111(2) of the Act provides that the regulations may prescribe information about the controls that apply, or will apply, to airside areas, airside security zones, airside event zones, landside areas, landside security zones or landside event zones as aviation security information. Under subsection 111(3) of the Act, the Secretary can require aviation security information from aviation industry participants.

The Regulation amends the Principal Regulations to prescribe statistical information relating to the issuing of Visitor Identification Cards (VIC) as aviation security information, if the information is not personal information (within the meaning of the Privacy Act 1988) or security compliance information.

A VIC is an identification card that a person must wear when they are in a secure zone of a security controlled airport if they do not have an Aviation Security Identification Card (ASIC). VICs are intended to permit temporary access to non-frequent visitors to an airport. VIC holders must be supervised by an ASIC holder (who has undergone a background check).

The purpose of the Regulation is to enable the Secretary of the Department of Infrastructure and Transport, under section 111 of the Act, to require statistical information on the issuing of VICs from VIC issuers.

Collated VIC information is intended to be used to monitor the actual usage of VICs at security controlled airports and to help inform the ongoing development of the ASIC scheme.

Details of the Regulation are set out in the Attachment A and a statement of compatibility with human rights is set out in Attachment B.

Consultation with key industry stakeholders occurred primarily through industry forums hosted by the Department of Infrastructure and Transport such as the Aviation Security Advisory Forum, Regional Industry Consultative Meetings and the Aviation Security Employee Consultative Forum.

Detailed information including a draft of the Regulation was provided to VIC issuers (consisting of security controlled airports, Secretary approved VIC issuers and the Australian Customs and Border Protection Service). Any issues raised through the consultation process have been addressed.

The Act does not pose any conditions that need to be satisfied before the power to make the Regulation may be exercised.

The Regulation is a legislative instrument for the purpose of the Legislative Instruments Act 2003.

ATTACHMENT A

Details of the Aviation Transport Security Amendment Regulation 2013 (No. 1)

Section 1 - Name of Regulation

This section provides that the title of the Regulation is the Aviation Transport Security Amendment Regulation 2013 (No 1).

Section 2 - Commencement

This section provides for the Regulation to commence the day after they are registered.

Section 3 - Authority

This section provides that the Regulation is made under the Aviation Transport Security Act 2004.

Section 4 - Schedule(s)
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule.

Schedule 1 - Amendments

Schedule 1 amends the Aviation Transport Security Regulations 2005 (the Principal Regulations).

Item [1] - Subregulation 6.37G(5) (example)

This item is a drafting amendment that clarifies that an offence in the given example occurs under subregulation 6.38C(4).

Item [2] - After Part 6

This item inserts new part 6A titled 'Information-gathering'.

New subregulation 6A.01(1) prescribes that statistical information relating to the issuing of Visitor Identification Cards (VICs) is aviation security information. This does not include personal information (within the meaning of the Privacy Act 1988) or security compliance information as per section 109 of the Act.

This allows the Secretary, under section 111 of the Act, to issue a written notice to VIC issuers requiring they provide information relating to VIC issuing in the form and manner specified in the notice. Information may be requested as needed.

Under subsection 111(3) of the Act, the Secretary can require aviation security information from aviation industry participants. Not all aviation industry participants can be a VIC issuer.

In order to provide VIC issuers with a level of preparedness, new subregulation 6A.01(2) provides examples of the type of statistical information that might be required by the Secretary. VIC issuers are not expected to be able to provide an instant report on the example questions in the event of an audit or inspection by the Department.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Aviation Transport Security Amendment Regulation 2013 (No. 1)

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 Instrument

The Legislative Instrument amends the Aviation Transport Security Regulations 2005 to enable the Secretary, on an 'as needed' basis, to require that Visitor Identification Card (VIC) issuers provide the Secretary with statistical information on visitors to security controlled airports.

Only statistical information may be required by the Secretary, for instance;

- the number of people who visited an airport;

- the number of VICs issued for that airport (a person can be issued with more than one VIC);

- the number of cards not returned, etc.

Data will not include personal information or require information that could be used to identify an individual or individuals.

The Regulation will be used to monitor the actual usage of VICs, provide a full picture of issuing around Australia and for the continuous improvement of visitor management at security controlled airports.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Information requested from VIC issuers will be of a statistical nature only and will not include security compliance information, personal information as defined in the Privacy Act 1988, or any information which could be used to identify individuals.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

ANTHONY ALBANESE
Minister for Infrastructure and Transport

Commonwealth Numbered Regulations - Explanatory Statements