Damian Hale (Solomon, Australian Labor Party) Share this | Hansard source

I rise today to voice my support for the Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009. This bill is yet another example of this government’s commitment to keeping the aviation environment as secure and safe as possible. The key elements of this bill will see practical reforms in four areas. The amendments are timely changes that will finetune a system designed to safeguard Australia’s civil aviation operations against ‘acts of unlawful interference’. Acts of interference include things like:

• committing an act at an airport, or causing any interference or damage, that puts the safe operation of the airport, or the safety of any person at the airport, at risk.

It also includes:

• placing, or causing to be placed, on board an aircraft that is in service anything that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk.

The framework of Australia’s aviation security legislation has a number of layers to ensure the deterrence, detection and prevention of acts of unlawful interference with an aircraft.

Both the Minister for Infrastructure, Transport, Regional Development and Local Government and his department are responsible for the development and implementation of a national framework of consistent aviation security measures. Practical operational aviation security measures are obviously required as a result of the changed environment in which the industry now operates. Following events like that of September 11 and the heightened threat of terrorism involving the unlawful use of aircraft and airport facilities, we all live in a new world order.

The aviation industry plays a key role in connecting Australia with the world and Australians with each other. As the minister said in his keynote address at Waypoint 2008:

The Rudd Government is committed to working with the aviation industry and the community to meet these many challenges.

We understand the aviation sector’s importance to Australia’s future economic development within the era of globalisation. Today, more than ever, the aviation industry underpins domestic economic growth and provides vital gateways to the global economy.

This sector supports almost 50,000 jobs and contributes an estimated $6.8 billion to our gross national product.

That is why we on this side of the House are committed to keeping the aviation environment as secure and safe as possible.

Whether moving tourists, families, freight or businesspeople, the aviation industry is essential to the efficient operation of the Australian economy. I know the wonderful people who live in my electorate of Solomon, as well as the tens of thousands of visitors who travel to the Northern Territory every year, understand this. They know only too well the significance of the aviation sector and, of course, the importance of having a secure and safe aviation industry. The Northern Territory is a huge area. Often places are cut off during the wet season and the only way of travelling around is by light aircraft.

From my own perspective, I know only too well about plane travel. I certainly acknowledge that the member for Kalgoorlie can relate to this. Last year alone, I think I spent 49 days in a plane—seven weeks of my life—travelling to Canberra. That is a lot of time out of my electorate and I thank all those involved in keeping me safe—the cleaners, the caterers, the security guards, the AFP, the check-in crew and the baggage handlers. They are all people who keep the airport safe.

This bill contains practical reforms to the Aviation Transport Security Act 2004 in four key areas that bolster the enforcement powers of Australia’s aviation security regulator. Firstly, the bill increases the flexibility in designating an airport as a security controlled airport by enabling regulations to be made to categorise airports in accordance with their relative risk profile. The second key area of the bill will increase the range of situations in which aviation security inspectors may enter certain premises without notice. Thirdly, this bill will introduce the option of enforceable undertakings as a compliance measure. Lastly, but very importantly, this bill will allow aviation security inspectors to issue compliance control directions in a wider range of circumstances.

Finetuning these security measures now will provide a more comprehensive regime. The amendments proposed will eliminate the ‘one size fits all’ approach of the current act. It means that small regional airports like those in the Northern Territory could be spared much of the expense of developing their own security program. It means that small regional airports could benefit from the certainty of knowing what they need to do to comply. The finetuning will protect both the travelling public and aviation industry employees from potential unlawful interference with the operation of planes and airports. It means that small regional airports have a general reduction in regulatory requirements.

As it stands currently, the declaration of an airport as a security controlled airport places the same legislative requirements on all such airports, regardless of their size, location and the type of aircraft operating from the airport. This amendment provides finetuning to allow regulations to be made that prescribe different legislative requirements for each category of security controlled airport. This will ensure regulatory activity is better targeted to reflect the relative risk associated with each category of airport.

The amendments will allow an inspector to enter the premises of an aviation industry participant or accredited air cargo agent who is not on an airport site and inspect their activities without notice. At the moment, inspectors can only undertake these inspections ‘on-airport’, despite many critical aviation related businesses being located well away from an airport. Obviously the current requirements to provide reasonable notice of ‘off-airport’ inspections limit the effectiveness of doing the inspections. This is particularly the case for many businesses within the air cargo sector, as their security obligations are largely procedural in nature and, with notice, can be changed briefly during an inspection.

Under the amendments, inspectors will be allowed to enter premises, observe and discuss procedures, and in so doing access documents and records. This bill is an example of the Rudd government’s commitment to strengthening Australia’s national security framework across the vital areas of airport security, counterterrorism, policing and intelligence capability in our region. I commend the bill to the House.

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