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This is a Bill, not an Act. For current law, see the Acts databases.

TRANSPORT SECURITY AMENDMENT (2008 MEASURES NO. 1) BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Transport Security Amendment (2008
Measures No. 1) Bill 2008
No. , 2008
(Infrastructure, Transport, Regional Development and Local Government)
A Bill for an Act to amend the law relating to the
security of aviation and maritime transport and
offshore facilities, and for related purposes
i Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts
3
Aviation Transport Security Act 2004
3
Maritime Transport and Offshore Facilities Security Act 2003
5
Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 1
A Bill for an Act to amend the law relating to the
1
security of aviation and maritime transport and
2
offshore facilities, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Transport Security Amendment (2008
6
Measures No. 1) Act 2008.
7
2 Commence ment
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The day after the end of the period of 2
months beginning on the day on which this
Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amend ments Schedule 1
Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 3
1
Schedule 1
--
Amendments
2
3
Aviation Transport Security Act 2004
4
1 Section 12
5
Before "The", insert "(1)".
6
2 At the end of section 12
7
Add:
8
(2) The Secretary may, by written notice given to an aviation industry
9
participant, permit the participant to have more than one transport
10
security program.
11
(3) The notice must specify the operations or locations to be covered
12
by each program.
13
(4) If the participant has more than one program, the participant is
14
required to have all of the programs specified in the notice.
15
3 Paragraph 13(1)(c)
16
Omit "no transport security", substitute "not such a".
17
4 Subsection 17(2)
18
Omit "A transport security program for an airport operator", substitute
19
"An airport operator's transport security program for a security
20
controlled airport".
21
5 Paragraph 20(3)(a)
22
Omit "22(2)", substitute "22(4) or 23(4)".
23
6 Section 22
24
Repeal the section, substitute:
25
22 Participants may revise programs
26
(1) If a transport security program for an aviation industry participant
27
(the existing program) is in force, the participant may, by written
28
notice given to the Secretary, request the Secretary to approve
29
Schedule 1 A mendments
4 Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008
another transport security program (the revised program) in its
1
place.
2
(2) The notice must be accompanied by a copy of the revised program.
3
(3) If a request is made in accordance with this section, sections 19
4
and 20 apply in relation to the revised program.
5
(4) If the revised program comes into force, it replaces the existing
6
program.
7
7 Subsection 23(1)
8
Omit "a revised program under section 22", substitute "another
9
transport security program (the revised program)".
10
8 After subsection 23(2)
11
Insert:
12
(2A) If the participant gives the Secretary the revised program within the
13
specified period, or within any further period allowed by the
14
Secretary, sections 19 and 20 apply in relation to the revised
15
program.
16
9 At the end of section 23
17
Add:
18
(4) If the revised program comes into force, it replaces the existing
19
program.
20
10 Subsection 125(1)
21
Omit "of the", substitute "of a".
22
11 Saving and transitional provisions for multiple programs
23
Saving
24
(1)
The Aviation Transport Security Act 2004, as in force at any time before
25
the commencement of this Act, is taken not to have prevented more
26
than one transport security program from being in force at the same
27
time for an aviation industry participant, so long as those programs
28
covered different operations or locations.
29
Amend ments Schedule 1
Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 5
(2)
However, if, because of the operation of subitem (1), there was more
1
than one transport security program in force for an aviation industry
2
participant at any time, the Aviation Transport Security Act 2004 is
3
taken to have applied, in relation to each of those programs, as if it were
4
the only program for the participant.
5
Transitional
6
(3)
If, at the commencement of this Act, there is more than one transport
7
security program in force for an aviation industry participant, then the
8
Secretary is taken, at that time, to have given the participant a notice,
9
under subsection 12(2) of the Aviation Transport Security Act 2004, that
10
specifies the operation or location covered by each of those programs.
11
Maritime Transport and Offshore Facilities Security Act
12
2003
13
12 Section 10
14
Insert:
15
Australia, when used in a geographical sense, includes the external
16
Territories.
17
13 Section 10 (definition of port facility)
18
Before "ships", insert "security regulated".
19
14 Section 42
20
Before "The", insert "(1)".
21
15 At the end of section 42
22
Add:
23
(2) The Secretary may, by written notice given to a maritime industry
24
participant, permit the participant to have more than one maritime
25
security plan.
26
(3) The notice must specify the operations or locations to be covered
27
by each plan.
28
(4) If the participant has more than one plan, the participant is required
29
to have all of the plans specified in the notice.
30
Schedule 1 A mendments
6 Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008
16 Paragraph 43(1)(c)
1
Omit "no maritime security", substitute "not such a".
2
17 Paragraph 44(1)(b)
3
Omit "a maritime security", substitute "such a".
4
18 Paragraph 47(1)(a)
5
Repeal the paragraph, substitute:
6
(a) include a security assessment for:
7
(i) the participant's operation; or
8
(ii) if the participant has more than one maritime security
9
plan--the operations or locations covered by the plan;
10
and
11
19 Paragraph 47(1)(b)
12
After "participant", insert "under the plan".
13
20 Subsection 49(2)
14
Omit "be accompanied by", substitute "include".
15
21 Subsection 49(3)
16
Repeal the subsection, substitute:
17
(3) The maritime security plan for a port operator for a security
18
regulated port must include a map of the whole security regulated
19
port.
20
22 Subsection 52(3)
21
Omit "until", substitute "for a period of 5 years or such lesser period as
22
the Secretary specifies in the notice of approval (which must be at least
23
12 months), unless before the end of that period".
24
23 Subsection 52A(3)
25
Omit "be accompanied by", substitute "include".
26
24 After subsection 52A(3)
27
Insert:
28
Amend ments Schedule 1
Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 7
(3A) The notice must be prepared in accordance with any requirements
1
set out in the regulations.
2
25 Subsection 54(1)
3
Repeal the subsection, substitute:
4
(1) If a maritime security plan for a maritime industry participant (the
5
existing plan) is in force, the participant may, by written notice
6
given to the Secretary, request the Secretary to approve another
7
maritime security plan (the revised plan) in its place.
8
26 Subsection 54(4)
9
Repeal the subsection, substitute:
10
(4) If the revised plan comes into force, it replaces the existing plan.
11
27 Subsection 55(4)
12
Repeal the subsection, substitute:
13
(4) If the revised plan comes into force, it replaces the existing plan.
14
28 Section 56
15
Repeal the section.
16
29 Saving and transitional provisions for multiple plans
17
Saving
18
(1)
The Maritime Transport and Offshore Facilities Security Act 2003, as
19
in force at any time before the commencement of this Act, is taken not
20
to have prevented more than one maritime security plan from being in
21
force at the same time for a maritime industry participant, so long as
22
those plans covered different operations or locations.
23
(2)
However, if, because of the operation of subitem (1), there was more
24
than one maritime security plan in force for a maritime industry
25
participant at any time, the Maritime Transport and Offshore Facilities
26
Security Act 2003 is taken to have applied, in relation to each of those
27
plans, as if it were the only plan for the participant.
28
Schedule 1 A mendments
8 Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008
Transitional
1
(3)
If, at the commencement of this Act, there is more than one maritime
2
security plan in force for a maritime industry participant, then the
3
Secretary is taken, at that time, to have given the participant a notice
4
under subsection 42(2) of the Maritime Transport and Offshore
5
Facilities Security Act 2003, that specifies the operation or location
6
covered by each of those plans.
7
30 Subsection 71(3)
8
Omit "until", substitute "for a period of 5 years or such lesser period as
9
the Secretary specifies in the notice of approval (which must be at least
10
12 months), unless before the end of that period".
11
31 After subsection 71A(2)
12
Insert:
13
(2A) The notice must be prepared in accordance with any requirements
14
set out in the regulations.
15
32 Section 75
16
Repeal the section.
17
33 Section 100B
18
Before "The", insert "(1)".
19
34 At the end of section 100B
20
Add:
21
(2) The Secretary may, by written notice given to an offshore industry
22
participant, permit the participant to have more than one offshore
23
security plan.
24
(3) The notice must specify the operations or locations to be covered
25
by each plan.
26
(4) If the participant has more than one plan, the participant is required
27
to have all of the plans specified in the notice.
28
35 Paragraph 100C(1)(b)
29
Omit "no offshore security", substitute "not such a".
30
Amend ments Schedule 1
Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 9
36 Paragraph 100D(1)(b)
1
Omit "an offshore security", substitute "such a".
2
37 Paragraph 100G(1)(a)
3
Repeal the paragraph, substitute:
4
(a) include a security assessment for:
5
(i) the participant's operation; or
6
(ii) if the participant has more than one offshore security
7
plan--the operations or locations covered by the plan;
8
and
9
38 Paragraph 100G(1)(b)
10
After "participant", insert "under the plan".
11
39 Subsection 100I(2)
12
Omit "be accompanied by", substitute "include".
13
40 Subsection 100L(3)
14
Omit "until", substitute "for a period of 5 years or such lesser period as
15
the Secretary specifies in the notice of approval (which must be at least
16
12 months), unless before the end of that period".
17
41 Subsection 100LA(3)
18
Omit "be accompanied by", substitute "include".
19
42 After subsection 100LA(3)
20
Insert:
21
(3A) The notice must be prepared in accordance with any requirements
22
set out in the regulations.
23
43 Subsection 100N(1)
24
Repeal the subsection, substitute:
25
(1) If an offshore security plan for an offshore industry participant (the
26
existing plan) is in force, the participant may, by written notice
27
given to the Secretary, request the Secretary to approve another
28
offshore security plan (the revised plan) in its place.
29
44 Subsection 100N(4)
30
Schedule 1 A mendments
10 Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008
Repeal the subsection, substitute:
1
(4) If the revised plan comes into force, it replaces the existing plan.
2
45 Subsection 100O(4)
3
Repeal the subsection, substitute:
4
(4) If the revised plan comes into force, it replaces the existing plan.
5
46 Section 100P
6
Repeal the section.
7
47 Saving and transitional provisions for multiple plans
8
Saving
9
(1)
The Maritime Transport and Offshore Facilities Security Act 2003, as
10
in force at any time before the commencement of this Act, is taken not
11
to have prevented more than one offshore security plan from being in
12
force at the same time for an offshore industry participant, so long as
13
those plans covered different operations or locations.
14
(2)
However, if, because of the operation of subitem (1), there was more
15
than one offshore security plan in force for an offshore industry
16
participant at any time, the Maritime Transport and Offshore Facilities
17
Security Act 2003 is taken to have applied, in relation to each of those
18
plans, as if it were the only plan for the participant.
19
Transitional
20
(3)
If, at the commencement of this Act, there is more than one offshore
21
security plan in force for an offshore industry participant, then the
22
Secretary is taken, at that time, to have given the participant a notice
23
under subsection 100B(2) of the Maritime Transport and Offshore
24
Facilities Security Act 2003, that specifies the operation or location
25
covered by each of those plans.
26
48 Paragraph 102(2A)(a)
27
Omit "is accompanied by", substitute "includes".
28
49 Subsection 102(2A)
29
Omit "accompanying", substitute "included in".
30
Amend ments Schedule 1
Transport Security Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 11
50 Paragraph 102(2B)(a)
1
Omit "is accompanied by", substitute "includes".
2
51 Subsection 102(2B)
3
Omit "accompanying", substitute "included in".
4
52 Paragraph 113A(2A)(a)
5
Omit "is accompanied by", substitute "includes".
6
53 Subsection 113A(2A)
7
Omit "accompanying", substitute "included in".
8
54 Paragraph 113A(2B)(a)
9
Omit "is accompanied by", substitute "includes".
10
55 Paragraph 113A(2B)(b)
11
Omit "port", substitute "offshore facility".
12
56 Subsection 113A(2B)
13
Omit "accompanying", substitute "included in".
14
57 Subsection 199(1)
15
Omit "of the", substitute "of a".
16
58 Subsection 200A(1)
17
Omit "of the", substitute "of an".
18
59 Paragraph 201(d)
19
After "cancel", insert "the approval of".
20

 

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