1Short title
This Act may be cited as the Inspector of Transport Security Act 2006.
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Bill homepage (APH)This Act may be cited as the Inspector of Transport Security Act 2006.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 7 December 2006 |
2. Sections 3 to 93 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 7 June 2007 |
This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
In this Act:
aircraft means any machine or craft used in air navigation, however propelled or moved.
ATSB means the Australian Transport Safety Bureau established under section 12 of the Transport Safety Investigation Act 2003.
Australia, when used in a geographical sense, includes the external Territories.
Australian aircraft means:
an aircraft registered in Australia; or
an aircraft owned by the Commonwealth, a State or a Territory.
Australian permanent resident has the same meaning as in Part 5 of the Migration Act 1958.
Australian ship means:
a ship registered in Australia under the Shipping Registration Act 1981; or
an unregistered ship that has Australian nationality under section 29 of that Act; or
a ship owned by the Commonwealth, a State or a Territory.
Australian waters means:
the territorial sea of Australia; and
the waters of the sea on the landward side of the territorial sea of Australia; and
the territorial sea of each external Territory; and
the waters of the sea on the landward side of the territorial sea of each external Territory; and
inland waters prescribed in regulations.
Commonwealth agency means:
the Commonwealth; or
an authority of the Commonwealth; or
a corporation in which the Commonwealth, or an authority of the Commonwealth, has a controlling interest;
and includes the Australian Defence Force.
Commonwealth place means a place referred to in paragraph 52(i) of the Constitution.
constitutional corporation means:
a corporation to which paragraph 51(xx) of the Constitution applies; or
a body corporate that is incorporated in a Territory.
controller means:
in relation to premises other than a security regulated offshore facility—the person apparently in control of the premises; and
in relation to a security regulated offshore facility—the offshore facility operator; and
in relation to a transport vehicle other than a security regulated ship—the person apparently in control of the vehicle; and
in relation to a security regulated ship—the ship operator or master of the ship.
coronial inquiry means a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, or of a State or Territory.
CVR information has the same meaning as in Part IIIB of the Civil Aviation Act 1988.
CVR is short for cockpit voice recording.
defence aspect of a matter has the meaning given by section 21.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
eligible Judge has the meaning given by section 78.
final report means a final report given to the Minister under section 59.
government agency means:
a Commonwealth agency; or
a State or Territory; or
an authority of a State or Territory; or
a corporation in which a State or Territory, or an authority of a State or Territory, has a controlling interest.
inland waters means waters within Australia other than waters of the sea.
Inspector means the person for the time being appointed as the Inspector of Transport Security under section 25.
international agreement means a treaty or agreement whose parties are:
Australia and a foreign country; or
Australia and 2 or more foreign countries.
master, in relation to a security regulated ship, means the person who has command or charge of the ship.
nominated ART member means a member of the Administrative Review Tribunal in respect of whom a nomination is in force under section 79.
OBR information has the same meaning as in the Transport Safety Investigation Act 2003.
OBR is short for on‑board recording.
officer of a government agency includes:
the head of the government agency; and
an employee of the government agency; and
any other person engaged by the government agency, under contract or otherwise, to exercise powers, or perform duties or functions, of the government agency.
offshore facility operator has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.
offshore security matter has the meaning given by section 13.
premises means any place and includes a security regulated offshore facility.
private living area:
in relation to a security regulated ship—has the meaning given by subsection 140(4) of the Maritime Transport and Offshore Facilities Security Act 2003; and
in relation to a security regulated offshore facility—has the meaning given by subsection 140B(4) of that Act.
proceedings includes civil proceedings (whether before a court or tribunal) and criminal proceedings, coronial inquiries and disciplinary proceedings or processes.
protected information has the meaning given by section 66.
rail vehicle means a vehicle (including a tram) that is designed to transport passengers or goods and operates on a railway (including a vehicle that does not have wheels).
railway means a system by which vehicles are guided:
by means of parallel rails; or
by means of a single rail; or
by any other means prescribed by the regulations.
restricted information means information that is restricted information for the purposes of the Transport Safety Investigation Act 2003.
road vehicle means a vehicle that is designed to transport passengers or goods by land, but does not include a rail vehicle.
security regulated offshore facility has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.
security regulated ship has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.
ship means any vessel used in navigation by water, however propelled or moved.
ship operator has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.
State or Territory waters means waters, including waters of the sea, that are within the limits of a State or Territory.
State referral of power means the referral of a matter to the Parliament of the Commonwealth as mentioned in paragraph 51(xxxvii) of the Constitution.
surface transport aspect of a transport security matter has the meaning given by section 22.
transport means transport by means of a transport vehicle.
Transport Minister of a State or Territory means a Minister of that State or Territory responsible for transport or a type of transport.
transport security matter has the meaning given by section 12.
transport vehicle means an aircraft, ship, rail vehicle or road vehicle.
voluntarily: information or a document is given voluntarily if it is not given in response to a request made under section 35, 36 or 37.
This Act binds the Crown in each of its capacities.
However, this Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia, unless the contrary intention appears.
This Act is not intended to exclude the operation of any law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.
Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to offences under this Act.
The object of this Act is to improve the security of transport and security regulated offshore facilities by providing for independent inquiry into transport security matters and offshore security matters.
It is also an object of this Act that, during an inquiry into a matter, the Inspector will not interfere with the investigations of another government agency, or a coronial inquiry, into the matter.
It is not an object of this Act:
to apportion blame in relation to a matter; or
to provide the means to determine the liability of any person in relation to a matter; or
to allow any adverse inference to be drawn from the fact that a person is the subject of an inquiry into a matter.
This Act provides for the appointment of an Inspector of Transport Security to inquire into transport security matters and offshore security matters.
The Inspector may only inquire into such matters in accordance with a direction from the Minister.
The Inspector is given the powers necessary to conduct an inquiry. These include powers in relation to the gathering of information (see Part 5).
Once an inquiry is completed, the Inspector must give the Minister a final report setting out his or her conclusions and recommendations, having taken into account submissions made on any draft report (see Divisions 3 and 4 of Part 6).
If, during the course of an inquiry, the Inspector concludes that a matter demonstrates no security issue, the Inspector must give the Minister an interim report setting out that conclusion and the Minister must revoke the direction under which the inquiry has been conducted (see Division 2 of Part 6).
The confidentiality of information gathered by the Inspector in the course of an inquiry is protected by limiting the circumstances in which the information may be copied, recorded, used or disclosed (see Parts 5, 6, 7 and 8).
The “no blame” nature of the Inspector’s inquiry (see subsection 9(3)) is reinforced by provisions that limit the admissibility of reports and the use of draft reports in disciplinary proceedings.
Subject to this Part, the Minister may direct the Inspector to inquire into a transport security matter or an offshore security matter.
Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke such a direction.
The direction must be in writing.
The direction may specify the period within which the Inspector must give a final report.
The direction is not a legislative instrument.
The Inspector is not otherwise subject to direction from the Minister in relation to the inquiry, or any interim, draft or final report in relation to the inquiry.
The Inspector is not subject to direction from the Secretary in relation to the inquiry, or any interim, draft or final report in relation to the inquiry.
A transport security matter is:
an incident occurring in the course of transport, or involving a transport vehicle, that:
the Minister believes on reasonable grounds to be a major incident; and
demonstrates, or may demonstrate, a problem with the security of transport; or
a state of affairs that suggests, or may suggest, a systemic failure or weakness in the way in which the security of transport is regulated; or
any other occurrence, circumstance, state of affairs or matter that:
the Minister believes on reasonable grounds to be significant; and
has, or may have, implications for the security of transport.
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