Terrorism (Surface Transport Security) Act 2011

The operator of a security identified surface transport operation must prepare a counter terrorism plan for the transport operation in accordance with this section.

Maximum penalty: $50 000.

The operator of a security identified surface transport operation must not, without reasonable excuse, fail to implement a counter terrorism plan prepared under this section in accordance with its terms.

Maximum penalty: $50 000.

A counter terrorism plan must be prepared within the period specified under section 5(1)(c).

A counter terrorism plan must have the following objectives:

the prevention of a terrorist act;

the mitigation of the effects of a terrorist act;

the recovery of the transport operation from a terrorist act;

the continuity of the transport operation in the event of a terrorist act;

the coordination of counter terrorism measures between operators of security identified surface transport operations and other relevant operations.

A counter terrorism plan must—

contain an assessment of the vulnerability of the transport operation to a terrorist act; and

set out arrangements for assessing the likelihood of a terrorist act affecting the transport operation being committed, including details of—

the intervals at which, and the circumstances in which, the assessment is to be reviewed; and

the procedures to be followed to ascertain relevant information made available by the Commonwealth and the State; and

set out a series of measures to be taken according to the assessed likelihood of a terrorist act affecting the transport operation being committed, and designed to minimise the risk of such a terrorist act being committed and to minimise the effect of such a terrorist act on the transport operation, including measures designed—

to prevent unauthorised access to services, goods and facilities; and

to facilitate the recognition and reporting of suspicious incidents; and

to facilitate orderly evacuation of persons in appropriate circumstances; and

set out measures to be taken in the event of a terrorist act, including measures designed to facilitate—

an immediate and effective response to the terrorist act (including appropriate communication with the police, other emergency services and the public and appropriate coordination with the emergency procedures of other bodies); and

recovery of the transport operation from the terrorist act; and

the continued safe operation of the transport operation; and

set out a scheme for the preparation and conduct of training exercises to test, from time to time, the operation of the counter terrorism plan; and

set out a scheme for the provision of information and training to staff and others about the arrangements and measures set out in the plan; and

specify the persons or classes of persons responsible for taking action under the plan; and

set out a scheme for the review and updating of the plan; and

comply with any other requirements of the regulations.

The regulations may impose standards to be met in respect of any of the matters required to be contained or set out in a counter terrorism plan, including standards—

requiring the assessment of the likelihood of a terrorist act affecting the transport operation being committed to be made against a specified scale and to take into account specified factors; and

requiring the training exercises to be prepared and conducted at specified intervals (which may vary according to the assessed likelihood of a terrorist act affecting the transport operation being committed or any other factor); and

requiring the plan to be reviewed and updated at specified intervals or following specified events.

The operator of a security identified surface transport operation may amend or substitute the counter terrorism plan at any time.

If a rail transport operator within the meaning of the Rail Safety National Law (South Australia) Act 2012 is declared to be the operator of a security identified surface transport operation, the operator's counter terrorism plan will be taken to be incorporated in the operator's security management plan under that Act and to satisfy the requirement under that Act for the security management plan to incorporate measures to protect people from terrorism.

Note—

The Rail Safety National Law (South Australia) Act 2012 requires a rail transport operator to have a security management plan. Amongst other matters, a security management plan is to incorporate measures to protect people from terrorism. It is intended that while this aspect of a security management plan may form the basis for a counter terrorism plan under this Act, a counter terrorism plan is to be more detailed and more extensive than that aspect of a security management plan required under the Rail Safety National Law (South Australia) Act 2012.