New inquiry into transport security legislation amendments

While heavily regulated, the transport and logistics industry continues to experience increasing and expanded security threats. The most recent threats are cyber threats, smuggling of tobacco, vapes and other illicit substances. Late last year, new legislation was introduced into Parliament that reflects the need for increased security in the transport industry.

The Transport Security Amendment (Security of Australia’s Transport Sector) Bill 2024 (Bill) aims to update and strengthen both the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003 to establish a cohesive framework to safeguard the transport industry against unlawful interference with its critical infrastructure including aviation and maritime transport, and offshore facilities.

On 13 January, the Minister for Home Affairs, the Honourable Tony Burke MP, wrote to the Parliamentary Joint Committee on Intelligence and Security for an inquiry into the Bill and to report on its effectiveness. The Committee has invited members of the industry to comment on the Bill and will be accepting submissions until 13 February 2025.

Key amendments in the Bill

The amendments proposed to the aviation and maritime legislation currently in force, include the following:

• changes to the definition of ‘unlawful interference’ to capture a broader variety of acts, including cyber security incidents;
• imposing mandatory reporting requirements for cyber security incidents;
• providing for the introduction of ‘all-hazards’ security obligations through the making of regulations relating to security programs and plans, minimum security standards that must be met, security assessments and annual reporting;
• introducing system testing requirements for maritime security controls, and ‘vulnerability testing’ in both the aviation and maritime sectors;
• updating provisions relating to ‘test weapons’ to allow the Department of Home Affairs to use new test weapons reflecting current and emerging threats;
• broadening and aligning provisions for the issuance of security directions by the Department of Home Affairs;
• enabling the establishment of a non-compliance ‘demerit points scheme’ for the aviation sector; and
• amending definitions of ‘port’ and ‘security regulated port’ to ensure that security regulations include infrastructure, operations, assets and anchorages as part of port facilities.

Other considerations for your business

There are several considerations and questions that may be of interest in preparing your business for the amendments to the aviation and maritime legislative regimes, including;

• The incorporation of these new requirements into your existing security provisions in your Transport Security Plans and employment contracts.
• Whether new reporting obligations will be required for your employees and contractors, and whether new expertise is required.
• Whether your existing insurance is adequate.  For example, whether ‘cyber security’ and ‘all hazards’ insurance cover the new obligations in the Bill.
• Whether your insurance covers the new ‘demerits points scheme’ in the aviation sector.
• Amending the ‘onboarding’ of new clients with revised Terms and Conditions of Trade including new acknowledgements and warranties which will be required by the Bill.
• Whether there should be ‘steps’ in obligations depending on the size of the entity, its turnover or the goods being handled.
• Whether assistance will be provided to the industry by the federal government.

Additional information

Further information about making a submission is available here.

If you would like to discuss how this Bill affects your business or would like assistance with your submission, please contact a member of our Transport & Logistics team.