Inspector of Transport Security Act 2006 (Cth)

Inspector of Transport Security Act 2006 No. 149, 2006 Compilation No. 8 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Inspector of Transport Security Act 2006 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 4 Act binds the Crown 5 Application to external territories 6 Application outside Australia 7 Relationship with other laws 8 Geographical jurisdiction Part 2—Objects and overview of Act Division 1—Objects 9 Objects Division 2—Overview 10 General overview of Act Part 3—Inquiries 11 Minister may initiate inquiry 12 What is a transport security matter? 13 What is an offshore security matter? 14 Constitutional limitations—air transport 15 Constitutional limitations—maritime transport 16 Constitutional limitations—rail transport 17 Constitutional limitations—road transport 18 Constitutional limitations—security regulated offshore facilities 19 Meaning of outside Australia in sections 14 to 18 20 Consultation with other Ministers before direction made 21 Defence aspects of a matter 22 Surface transport aspects of a transport security matter 23 Geographical reach of inquiry 24 Preservation of certain privileges and immunities Part 4—Inspector of Transport Security Division 1—Appointment 25 Inspector of Transport Security 26 Conduct of Inspector 27 Terms and conditions of employment 28 Remuneration 29 Acting appointments 30 Resignation 31 Termination Division 2—Functions 32 Functions of the Inspector Division 3—Powers 33 Powers of Inspector to be used for inquiries Part 5—Gathering information Division 1—Powers relating to information and documents 34 Simplified outline 35 Power to request information from persons generally 36 Power to request information from government agencies 37 Requesting OBR information and restricted information from the ATSB 38 Protection from liability Division 2—Search powers 39 Simplified outline 40 Identity cards 41 Obligations before entering premises or boarding transport vehicle 42 Security regulated offshore facilities—occupational health and safety requirements 43 Power to enter any premises with consent 44 Power to board any transport vehicle with consent 45 Powers that may be exercised in relation to premises 46 Powers that may be exercised in relation to a transport vehicle 47 Compensation for damage to electronic equipment Division 3—Where information or documents are volunteered 48 Protection from liability Division 4—Information generated in the course of conducting an inquiry 49 Copying, making a record of, using or disclosing information generated in the course of an inquiry Part 6—Reports Division 1—Simplified outline 50 Simplified outline Division 2—Interim reports 51 Interim report—no security issue found 52 Disclosure of interim reports 53 Admissibility of interim reports Division 3—Draft reports 54 Information that may be included in draft reports 55 Disclosure of draft reports 56 Copying, recording, disclosing and using draft report 57 Submissions on a draft report 58 Admissibility of draft reports Division 4—Final reports 59 Final report 60 Disclosure by the Minister to another person 61 Final reports containing protected information 62 Final reports relating to surface transport aspects of a matter 63 Final reports containing OBR information, CVR information, and restricted information given to the Inspector by the ATSB 64 Tabling report in the Parliament etc. 65 Admissibility of final reports Part 7—Protected information 66 What is protected information? 67 Offence—copying, recording, using or disclosing protected information 68 Disclosing information where serious offence imminent 69 Disclosing information where not directly relevant to an inquiry 70 Disclosing information to the Executive Director 71 Immunity where copying, recording, using or disclosing protected information permitted under this Act Part 8—OBR information, CVR information, and restricted information given to the Inspector by the ATSB 72 Simplified outline 73 Application of other laws to copying, recording, use and disclosure of OBR information 74 Application of other laws to copying, recording, use and disclosure of CVR information 75 Application of other laws to copying, recording, use and disclosure of restricted information given to the Inspector by the ATSB 76 Immunity where copying, recording, using or disclosing OBR information, CVR information, or restricted information given by the ATSB, permitted under this Act 77 Disclosing OBR information, CVR information, and restricted information given by the ATSB, where serious offence imminent 78 Eligible Judge 79 Nominated ART member Part 9—Miscellaneous 80 Inspector to minimise disruption to transport 81 Inspector to act consistently with Australia's international obligations 82 Delegation 83 States and Territories may confer powers and functions on Inspector 84 Immunity for actions under this Act 85 Immunity for failure to act 86 Certification by Inspector of a person's involvement in an inquiry 87 Compellability as a witness 88 Fees for attendance at coronial inquiries 89 Legal representation at coronial inquiry 90 Operation of section 503A of the Migration Act 1958 not affected 91 Powers of Parliament and Royal Commissions not affected 92 Compensation for acquisition of property 93 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for inquiry into transport security matters and offshore security matters, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Inspector of Transport Security Act 2006. 2 Commencement (1) 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. 7 June 2007 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. Note: 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. (2) 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. 3 Definitions 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: (a) an aircraft registered in Australia; or (b) 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) a ship registered in Australia under the Shipping Registration Act 1981; or (b) an unregistered ship that has Australian nationality under section 29 of that Act; or (c) a ship owned by the Commonwealth, a State or a Territory. Australian waters means: (a) the territorial sea of Australia; and (b) the waters of the sea on the landward side of the territorial sea of Australia; and (c) the territorial sea of each external Territory; and (d) the waters of the sea on the landward side of the territorial sea of each external Territory; and (e) inland waters prescribed in regulations. Commonwealth agency means: (a) the Commonwealth; or (b) an authority of the Commonwealth; or (c) 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) a corporation to which paragraph 51(xx) of the Constitution applies; or (b) a body corporate that is incorporated in a Territory. controller means: (a) in relation to premises other than a security regulated offshore facility—the person apparently in control of the premises; and (b) in relation to a security regulated offshore facility—the offshore facility operator; and (c) in relation to a transport vehicle other than a security regulated ship—the person apparently in control of the vehicle; and (d) 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. Note: 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) a Commonwealth agency; or (b) a State or Territory; or (c) an authority of a State or Territory; or (d) 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: (a) Australia and a foreign country; or (b) 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. Note: OBR is short for on‑board recording. officer of a government agency includes: (a) the head of the government agency; and (b) an employee of the government agency; and (c) 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: (a) 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 (b) 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: (a) by means of parallel rails; or (b) by means of a single rail; or (c) 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. 4 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to be prosecuted for an offence. 5 Application to external territories This Act extends to every external Territory. 6 Application outside Australia This Act extends to acts, omissions, matters and things outside Australia, unless the contrary intention appears. 7 Relationship with other laws 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. 8 Geographical jurisdiction Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to offences under this Act. Part 2—Objects and overview of Act Division 1—Objects 9 Objects (1) 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. (2) 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. (3) It is not an object of this Act: (a) to apportion blame in relation to a matter; or (b) to provide the means to determine the liability of any person in relation to a matter; or (c) to allow any adverse inference to be drawn from the fact that a person is the subject of an inquiry into a matter. Division 2—Overview 10 General overview of Act (1) This Act provides for the appointment of an Inspector of Transport Security to inquire into transport security matters and offshore security matters. (2) The Inspector may only inquire into such matters in accordance with a direction from the Minister. (3) The Inspector is given the powers necessary to conduct an inquiry. These include powers in relation to the gathering of information (see Part 5). (4) 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). (5) 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). (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). (7) 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. Part 3—Inquiries 11 Minister may initiate inquiry (1) Subject to this Part, the Minister may direct the Inspector to inquire into a transport security matter or an offshore security matter. Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may vary or revoke such a direction. (2) The direction must be in writing. (3) The direction may specify the period within which the Inspector must give a final report. (4) The direction is not a legislative instrument. (5) 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. (6) 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. 12 What is a transport security matter? A transport security matter is: (a) an incident occurring in the course of transport, or involving a transport vehicle, that: (i) the Minister believes on reasonable grounds to be a major incident; and (ii) demonstrates, or may demonstrate, a problem with the security of transport; or (b) 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 (c) any other occurrence, circumstance, state of affairs or matter that: (i) the Minister believes on reasonable grounds to be significant; and (ii) has, or may have, implications for the security of transport. 13 What is an offshore security matter? An offshore security matter is: (a) an incident occurring on, around or in relation to a security regulated offshore facility, that: (i) the Minister believes on reasonable grounds to be a major incident; and (ii) demonstrates, or may demonstrate, a problem with the security of the facility, or security regulated offshore facilities generally; or (b) a state of affairs that suggests, or may suggest, a systemic failure or weakness in the way in which the security of offshore facilities is regulated; or (c) any other occurrence, circumstance, state of affairs or matter that: (i) the Minister believes on reasonable grounds to be significant; and (ii) has, or may have, implications for the security of the security regulated offshore facility, or security regulated offshore facilities generally. 14 Constitutional limitations—air transport The Minister must not direct the Inspector to inquire into a transport security matter in relation to an aircraft or air transport unless: (a) the matter relates to an aircraft engaged in, or air transport conducted in the course of, trade or commerce with other countries or among the States; or (b) the matter affects or involves air transport: (i) outside Australia; or (ii) within a Territory, or to or from a Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (c) the matter affects or involves an aircraft owned or operated by a constitutional corporation or Commonwealth agency; or (d) a State referral of power is in operation in relation to the matter; or (e) inquiry into a matter of that kind gives effect to an international agreement; or (f) inquiry into a matter of that kind is a matter of international concern; or (g) the direction is made for the purpose of improving the security of air transport and the Parliament has the power to make laws in relation to the matter on any other basis. 15 Constitutional limitations—maritime transport The Minister must not direct the Inspector to inquire into a transport security matter in relation to a ship or maritime transport unless: (a) the matter relates to a ship engaged in, or maritime transport conducted in the course of, trade or commerce with other countries or among the States; or (b) the matter affects or involves maritime transport: (i) outside Australia; or (ii) within a Territory, or to or from a Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (c) the matter affects or involves a ship owned or operated by a constitutional corporation or Commonwealth agency; or (d) a State referral of power is in operation in relation to the matter; or (e) inquiry into a matter of that kind gives effect to an international agreement; or (f) inquiry into a matter of that kind is a matter of international concern; or (g) the direction is made for the purpose of improving the security of maritime transport and the Parliament has the power to make laws in relation to the matter on any other basis. 16 Constitutional limitations—rail transport The Minister must not direct the Inspector to inquire into a transport security matter in relation to a rail vehicle or rail transport unless: (a) the matter relates to a rail vehicle engaged in, or rail transport conducted in the course of, trade or commerce among the States; or (b) the matter affects or involves rail transport: (i) outside Australia; or (ii) within the Australian Capital Territory or the Northern Territory, or to or from the Australian Capital Territory or the Northern Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (c) the matter affects or involves a rail vehicle owned or operated by a constitutional corporation or Commonwealth agency; or (d) the matter affects or involves rail transport by means of railway tracks owned or operated by a constitutional corporation or Commonwealth agency; or (e) a State referral of power is in operation in relation to the matter; or (f) inquiry into a matter of that kind gives effect to an international agreement; or (g) inquiry into a matter of that kind is a matter of international concern; or (h) the direction is made for the purpose of improving the security of rail transport and the Parliament has the power to make laws in relation to the matter on any other basis. 17 Constitutional limitations—road transport The Minister must not direct the Inspector to inquire into a transport security matter in relation to a road vehicle or road transport unless: (a) the matter relates to a road vehicle engaged in, or road transport conducted in the course of, trade or commerce among the States; or (b) the matter affects or involves road transport: (i) outside Australia; or (ii) within a Territory, or to or from a Territory; or (iii) within a Commonwealth place, or to or from a Commonwealth place; or (c) the matter affects or involves a road vehicle owned or operated by a constitutional corporation or Commonwealth agency; or (d) the matter affects or involves a road owned or operated by a constitutional corporation or Commonwealth agency; or (e) a State referral of power is in operation in relation to the matter; or (f) inquiry into a matter of that kind gives effect to an international agreement; or (g) inquiry into a matter of that kind is a matter of international concern; or (h) the direction is made for the purpose of improving the security of road transport and the Parliament has the power to make laws in relation to the matter on any other basis. 18 Constitutional limitations—security regulated offshore facilities The Minister must not direct the Inspector to inquire into an offshore security matter in relation to a security regulated offshore facility or security regulated offshore facilities unless: (a) the matter relates to a security regulated offshore facility that is, or security regulated offshore facilities that are, used in trade or commerce with other countries or among the States; or (b) the matter affects or involves a security regulated offshore facility that is, or security regulated offshore facilities that are: (i) outside Australia; or (ii) within a Territory; or (iii) owned or operated by a constitutional corporation or Commonwealth entity; or (c) the matter occurs in a Territory; or (d) the matter: (i) demonstrates, or is reasonably likely to demonstrate, a problem with the security of a security regulated offshore facility, or security regulated offshore facilities, that would have a substantial adverse effect in a Territory; or (ii) suggests, or is reasonably likely to suggest, a systemic failure or weakness in the way in which the security of a security regulated offshore facility, or security regulated offshore facilities are regulated, that would have a substantial adverse effect in a Territory; or (iii) has, or is reasonably likely to have, implications for the security of a security regulated offshore facility, or security regulated offshore facilities, that would have a substantial adverse effect in a Territory; or (e) a State referral of power is in operation in relation to the matter; or (f) inquiry into a matter of that kind gives effect to an international agreement; or (g) inquiry into a matter of that kind is a matter of international concern; or (h) the direction is made for the purpose of improving the security of security regulated offshore facilities and the Parliament has the power to make laws in relation to the matter on any other basis. 19 Meaning of outside Australia in sections 14 to 18 In sections 14 to 18: outside Australia means outside the baseline from which the breadth of the territorial sea is measured under section 7 of the Seas and Submerged Lands Act 1973. Note: A reference to Australia in any other provision of this Act includes a reference to the coastal sea of Australia: see section 15B of the Acts Interpretation Act 1901. 20 Consultation with other Ministers before direction made (1) The Minister must not direct the Inspector to inquire into a transport security matter or an offshore security matter unless the Minister has consulted all other Commonwealth Ministers whose areas of responsibility might be affected by the inquiry. (2) The Minister may consult such other persons and organisations as the Minister considers appropriate, before directing the Inspector to inquire into a transport security matter or an offshore security matter. 21 Defence aspects of a matter (1) The Minister must not direct the Inspector to inquire into a defence aspect of a transport security matter or of an offshore security matter if, within a reasonable time of having been consulted, the Defence Minister has objected to that aspect of the matter being inquired into. (2) A defence aspect of a transport security matter or an offshore security matter is an aspect of the matter that involves: (a) the operation of the Australian Defence Force in connection with the defence of Australia; or (b) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations; or (c) the management of an emergency or a disaster, to the extent that that management involves the Australian Defence Force; or (d) the use of information in the possession of the Australian Defence Force; or (e) the use of property owned or leased by, or otherwise in the possession of, the Australian Defence Force; or (f) the conduct of a member of the Australian Defence Force in the course of performing his or her duties. 22 Surface transport aspects of a transport security matter (1) The Minister must not direct the Inspector to inquire into a surface transport aspect of a transport security matter unless the Transport Minister of the State or Territory in which that aspect of the matter occurs has agreed to the scope of the inquiry into that aspect of the matter. (2) A surface transport aspect of a transport security matter is an aspect of the matter that relates to the security of: (a) rail vehicles operating within a particular State or Territory, other than rail vehicles owned or operated by a Commonwealth agency; or (b) road vehicles operating within a particular State or Territory, other than road vehicles owned or operated by a Commonwealth agency; or (c) ships operating within the State or Territory waters of a particular State or Territory, other than security regulated ships or ships owned or operated by a Commonwealth agency. 23 Geographical reach of inquiry Transport security matters (1) The Minister must not direct the Inspector to inquire into a transport security matter unless: (a) the matter occurs in Australia; or (b) the matter involves an Australian aircraft or an Australian ship; or (c) action facilitating the occurrence of the matter has, or may have, taken place in Australia; or (d) action facilitating the occurrence of the matter has, or may have, been carried out by an Australian citizen, an Australian permanent resident, or a person who, at the time the direction is given, is in Australia; or (e) the Minister believes, on reasonable grounds, that the matter has, or may have, implications for the management of the security of transport in Australia; or (f) the matter relates to security arrangements in a place within a foreign country from which transport vehicles depart, and the Minister believes, on reasonable grounds, that those vehicles pose or may pose particular security risks when they enter Australia, Australian waters, or the airspace above Australia. Offshore security matters (2) The Minister may direct the Inspector to inquire into an offshore security matter, whether or not the security regulated offshore facility or facilities to which the matter relates are in Australia. (3) However, the Minister must not direct the Inspector to inquire into an aspect of an offshore security matter that occurs in a foreign country unless: (a) the matter involves an Australi