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