Kerry O'Brien (Tasmania, Australian Labor Party, Shadow Minister for Transport) Share this | Hansard source

The Aviation Transport Security Amendment Bill 2006 seeks to amend the Aviation Transport Security Act 2004 in order to change the regulatory arrangements for aviation security by creating event zones that may be used for handling special events at an airport, by regulating the security and clearance processes for domestic and international cargo before it is taken on board an aircraft and by allowing the Secretary of the Department of Transport and Regional Services to approve alterations to an existing transport security program.

This bill aims to improve operational arrangements for aviation security in two specific areas: the regulation of cargo inspection and the handling of special events—for example, arrivals and departures at airports for APEC 2007 and the conduct of the Australian International Airshow at Avalon Airport in March 2007. The bill comprises four schedules to amend the principal act. Schedule 1 will improve the regulatory arrangements for airport security by creating event zones which may be used when an airport conducts an activity which is not part of its usual transport business.

Schedule 2 will create a new division 2A of part IV of the act to deal exclusively with how cargo is to be examined—to ensure it is safe to be carried by aircraft—and how it is to be cleared for air carriage. To safeguard against unlawful interference with aviation, the schedule also allows for the creation of two separate classes of cargo businesses: regulated air cargo agents and accredited air cargo agents. These two classes of cargo agents will be subject to regulations—to be designed in consultation with industry—for the purpose of intercepting cargo which could prove a threat to aviation during the time it is still in the transport chain prior to being loaded onto an aircraft.

Schedule 3 inserts amendments to permit the secretary of the department to approve alterations to existing transport security programs. This new alteration process will operate as a less formal alternative to the existing process, by which a program can only be changed by means of a formal revision. It is expected that the new alteration process will make it easier for an aviation industry participant to align simple changes in its business and operational practice with the requirements of the regulatory framework. Schedule 4 contains technical amendments.

The creation of event zones is a sensible recognition that a one size fits all approach to certain aspects of airport security is not appropriate. It is clear, as I mentioned earlier, that specialised events can and will be held at vastly different airports. Airports such as Avalon, which regularly hosts the Australian International Airshow, are vastly different from regional airports, which may host smaller events, and Australia’s international airports, which will, for example, greet foreign dignitaries next year for APEC. It is entirely appropriate that, where necessary, specialised security processes can be designed that will suit the local conditions.

In relation to cargo, it is well known that cargo inspection was an area of concern noted in the 2005 report by Sir John Wheeler into aviation security and policing. This matter was a focus in the submission by Labor to the Wheeler review. Labor welcomes these moves to improve screening for aviation cargo. This bill recognises that it is not appropriate to consider or classify the screening of cargo in the same manner as passengers or baggage are screened. By clarifying the requirements for cargo to be examined, certified and cleared, cargo security is improved in this bill.

I would have to say the current regime is unwieldy and places an unfair burden on small operators who seldom deal with air cargo. This bill will create a class of cargo operator known as an accredited air cargo agent. The conditions for this classification, I believe, will be set by regulation. The fact that cargo can pass through several hands or operators means that it is not appropriate for screening to be done exclusively at airports. This bill provides flexibility in the treatment of cargo and will address the current shortcomings where cargo is treated in the same way as a passenger. Relevant consultation with key stakeholders will be the key to making these changes work. Labor will be supporting this legislation, but we do so noting that in other areas of aviation security this government is falling down on the job.

I asked a question of the Minister for Transport and Regional Services on 16 June this year and received an answer quite recently. The question was about the passenger screening and baggage screening systems in place at airports such as Hobart, Alice Springs, Townsville, Newcastle—that is, Williamstown—Broome, Launceston, Norfolk Island, Hamilton Island, Port Hedland, Ayers Rock, Christmas Island, Cocos (Keeling) Island, Ballina, Coffs Harbour, Maroochydore, Proserpine, Devonport, Kalgoorlie, Kununurra, Rockhampton, Gove, Karratha, Mackay, Mount Isa, Burnie, Groote Eylandt, Mildura, Newman, Paraburdoo and Weipa. I asked how many had screening systems in place for passenger and carry-on luggage, and how many had checked baggage screening systems in place.

Of those airports, the airports of Devonport, Burnie, Groote Eylandt, Mildura and Weipa did not have passenger or carry-on luggage screening at all. Therefore, the majority had some form of screening. But in relation to checked-baggage screening—that is, the luggage that goes into the hold—only Norfolk Island and Christmas Island had checked-baggage screening systems in place. That is: all of the other airports, I was advised in the answer from the minister, had no means of screening the checked baggage that was placed in the holds of aircraft leaving those airports. So we have ascertained that something in excess of 66,000 regional flights a year carry the luggage of passengers unchecked. Millions of Australians, we suspect, are flying in aircraft without the benefit of those security measures. So now, approaching the fifth anniversary of September 11, what have we got? We have a massive hole in this nation’s aviation security system. It is clear that last year thousands upon thousands of passengers travelled from 11 regional airports around the country directly into Sydney with unscreened bags.

When he reviewed airport security, Sir John Wheeler said: ‘Regional and smaller airports demand more attention.’ And, frankly, these statistics indicate that the Prime Minister is not presenting the Australian people with factual information when he claims his government is doing everything to protect the travelling public, because, as I said, millions of Australian citizens are moving around our country in aircraft that are carrying unscreened baggage.

It really does worry me that the Prime Minister can look Australians in the eye and tell them that he is doing everything he can to protect them from terrorism. Labor wants to see all baggage on domestic and international flights screened at every Australian airport. Labor wants every staff member at every Australian airport to have an ASIC pass with adequate background security checks.

And it would help if Australia actually had a full-time Inspector of Transport Security looking at tasks such as regional airport security, because then that issue might get the attention it deserves. But unfortunately we have had a part-time Inspector of Transport Security for some time and, on quite a number of occasions, the person charged with that responsibility has been off doing another job and not doing the Inspector of Transport Security job at all.

Labor of course would have a Department of Homeland Security and that department would have the capacity to coordinate Australia’s security arrangements, including security at our airports. It is a crying shame that this government pretends that it is concerned with aviation security while it leaves these gaping holes in our aviation security network. It is time that the government acted but, expecting that it will not, Labor is firmly committed to rectifying this problem when we assume government after the next election.