George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Hansard source

The Transport Security Amendment (2008 Measures No. 1) Bill 2008 does not put me in mind of Beethoven, John Milton, Albert Einstein and Christopher Wren, as did the last piece of legislation. It is a much more prosaic bill. Its purpose is to amend the Maritime Transport and Offshore Facilities Security Act 2003 and the Aviation Transport Security Act 2004 to streamline some legal terms and conditions that will enhance the effectiveness of security outcomes. The bill does not merge the security arrangements of the aviation, maritime and security sectors but rather seeks to ensure that a similar regulatory framework is in place for each industry to enhance the overall efficiency of transport security.

The background of the bill arises from the events of September 11 2001, when the international community recognised a need to implement systems to protect the maritime and aviation transport sectors against the threat of terrorism. As a result, the International Maritime Organisation developed the International Ship and Port Facility Security Code in December 2002. Under this code, all security regulated port facilities, offshore facilities, port and offshore service providers and ships are required to implement security plans to undergo security risk assessments.

In Australia the Maritime Transport Security Act was introduced by the coalition government in 2003 and it implemented the international guidelines developed by the International Maritime Organisation. After subsequent amendments, the act was amended and renamed the Maritime Transport and Offshore Facilities Security Act 2003. The Aviation Transport Security Act 2004 established a regulatory framework which requires that certain aviation industry participants have approved transport security plans. It implemented Australia’s obligations under the Chicago convention—that is, the Convention on International Aviation.

In 2007 a task force was established within the Office of Transport Security, a division of the Department of Infrastructure, Transport, Regional Development and Local Government, which designed a review to examine ways in which the Maritime Transport and Offshore Facilities Security Act 2003 could be improved to increase flexibility and clarity in maritime security planning. The outcome of the review led to the proposals which are the subject of this bill, which the opposition supports.

The bill amends both the Aviation Transport Security Act and the Maritime Transport and Offshore Facilities Security Act to clarify that the department’s secretary may permit both aviation and maritime industry participants to hold multiple security programs and plans at once and that, prior to the commencement date of the amendments, the operation of the Aviation Transport Security Act and the Maritime Transport and Offshore Facilities Security Act does not prevent industry participants from holding multiple security programs or plans.

Additionally, in relation to the Maritime Transport and Offshore Facilities Security Act, the bill is intended to insert a definition of ‘Australia’ into the act so that the act’s operation extends to include external territories; allow the department’s secretary to approve a maritime, ship or offshore security plan for up to five years but no less than 12 months; enable regulations to be made to prescribe mapping standards for maritime security zones and security regulated port boundaries, and standards for the presentation of information detailing offshore security zones, required to be produced by industry participants; and ensure the consistent usage of definitions and terms throughout the act. As I indicated earlier, this is a law reform measure which the opposition supports.