South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Terrorism (Surface Transport Security)
Bill 2011
A BILL FOR
An Act to require certain surface transport operators to implement counter
terrorism plans; and for other purposes.
Contents
1Short title
2Commencement
3Interpretation
4Civil remedies not
affected
5Notice relating to
security identified surface transport operation
6Counter terrorism
plan
7Provision of information
relating to counter terrorism plan
8False or misleading
information
9Compliance notice
10Confidentiality
11Freedom of Information
Act
12Service
13Evidentiary provision
14Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Terrorism (Surface Transport Security)
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
contravention includes failure to comply;
operator of a security identified surface transport operation
means the person declared by the Minister under this Act to be the operator of
the transport operation;
security identified surface transport operation means a
place, activity or system, associated with or relating to, the movement of
people or goods by road, rail or water identified by the Minister under this Act
as a security identified surface transport operation;
terrorist act has the same meaning as in Part 5.3 of the
Criminal Code of the Commonwealth.
The provisions of this Act do not limit or derogate from any civil right or
remedy and compliance with this Act does not necessarily indicate that a common
law duty of care has been satisfied.
5—Notice
relating to security identified surface transport operation
(1) The Minister may,
by notice in writing to a person declared by the notice to be the operator of a
security identified surface transport operation—
(a) identify a specified place, activity or system associated with, or
relating to, the movement of people or goods by road, rail or water as a
security identified surface transport operation; and
(b) declare a specified person to be the operator of the security
identified surface transport operation; and
(c) specify the
period within which the operator must prepare a counter terrorism plan in
accordance with this Act.
(2) The Minister may identify a place, activity or system associated with,
or relating to, the movement of people or goods by road, rail or water as a
security identified surface transport operation if the Minister is of the
opinion that the operation has a significant risk of being the target of a
terrorist act taking into account—
(a) information made available to the Minister by a security intelligence
or law enforcement organisation, or other agency of the Crown of the State or
Commonwealth, about the likelihood of terrorist acts against the operation;
and
(b) the number of passengers using the operation; and
(c) the nature of the goods carried by the operation; and
(d) the geographical location of the operation; and
(e) the iconic status of the operation; and
(f) the size of the operation; and
(g) any other factor considered relevant by the Minister.
(3) The Minister will not declare a maritime industry participant required
to prepare a maritime security plan under the Maritime Transport and Offshore
Facilities Security Act 2003 of the Commonwealth to be the operator of
a security identified surface transport operation.
(4) Before the Minister gives a notice to a person under
subsection (1),
the Minister must—
(a) inform the person in writing of the details of the proposed notice;
and
(b) allow the person at least 14 days within which to make
submissions to the Minister about the proposed notice.
(5) The Minister may, by subsequent notice in writing to the operator of a
security identified surface transport operation, vary or revoke a notice under
subsection (1).
(1) The operator of a security identified surface transport operation must
prepare a counter terrorism plan for the transport operation in accordance with
this section.
Maximum penalty: $50 000.
(2) The operator of a security identified surface transport operation must
not, without reasonable excuse, fail to implement a counter terrorism plan
prepared under this section in accordance with its terms.
Maximum penalty: $50 000.
(3) A counter terrorism plan must be prepared within the period specified
under
section 5(1)(c).
(4) A counter terrorism plan must have the following objectives:
(a) the prevention of a terrorist act;
(b) the mitigation of the effects of a terrorist act;
(c) the recovery of the transport operation from a terrorist
act;
(d) the continuity of the transport operation in the event of a terrorist
act;
(e) the coordination of counter terrorism measures between operators of
security identified surface transport operations and other relevant
operations.
(5) A counter terrorism plan must—
(a) contain an assessment of the vulnerability of the transport operation
to a terrorist act; and
(b) set out arrangements for assessing the likelihood of a terrorist act
affecting the transport operation being committed, including details
of—
(i) the intervals at which, and the circumstances in which, the assessment
is to be reviewed; and
(ii) the procedures to be followed to ascertain relevant information made
available by the Commonwealth and the State; and
(c) set out a series of measures to be taken according to the assessed
likelihood of a terrorist act affecting the transport operation being committed,
and designed to minimise the risk of such a terrorist act being committed and to
minimise the effect of such a terrorist act on the transport operation,
including measures designed—
(i) to prevent unauthorised access to services, goods and facilities;
and
(ii) to facilitate the recognition and reporting of suspicious incidents;
and
(iii) to facilitate orderly evacuation of persons in appropriate
circumstances; and
(d) set out measures to be taken in the event of a terrorist act,
including measures designed to facilitate—
(i) an immediate and effective response to the terrorist act (including
appropriate communication with the police, other emergency services and the
public and appropriate coordination with the emergency procedures of other
bodies); and
(ii) recovery of the transport operation from the terrorist act;
and
(iii) the continued safe operation of the transport operation;
and
(e) set out a scheme for the preparation and conduct of training exercises
to test, from time to time, the operation of the counter terrorism plan;
and
(f) set out a scheme for the provision of information and training to
staff and others about the arrangements and measures set out in the plan;
and
(g) specify the persons or classes of persons responsible for taking
action under the plan; and
(h) set out a scheme for the review and updating of the plan;
and
(i) comply with any other requirements of the regulations.
(6) The regulations may impose standards to be met in respect of any of
the matters required to be contained or set out in a counter terrorism plan,
including standards—
(a) requiring the assessment of the likelihood of a terrorist act
affecting the transport operation being committed to be made against a specified
scale and to take into account specified factors; and
(b) requiring the training exercises to be prepared and conducted at
specified intervals (which may vary according to the assessed likelihood of a
terrorist act affecting the transport operation being committed or any other
factor); and
(c) requiring the plan to be reviewed and updated at specified intervals
or following specified events.
(7) The operator of a security identified surface transport operation may
amend or substitute the counter terrorism plan at any time.
(8) If a rail transport operator within the meaning of the Rail
Safety Act 2007 is declared to be the operator of a security
identified surface transport operation, the operator's counter terrorism plan
will be taken to be incorporated in the operator's security management plan
under that Act and to satisfy the requirement under that Act for the security
management plan to incorporate measures to protect people from
terrorism.
Note—
The Rail
Safety Act 2007 requires a rail transport operator to have a
security management plan. Amongst other matters, a security management plan is
to incorporate measures to protect people from terrorism. It is intended that
while this aspect of a security management plan may form the basis for a counter
terrorism plan under this Act, a counter terrorism plan is to be more detailed
and more extensive than that aspect of a security management plan required under
the Rail
Safety Act 2007.
7—Provision
of information relating to counter terrorism plan
The operator of a security identified surface transport operation must, at
the request of a person authorised by the Minister, provide the person
with—
(a) a copy of the counter terrorism plan for the transport operation, or
any amendment of the plan; and
(b) information in writing about the implementation or review of the
counter terrorism plan for the transport operation.
Maximum penalty: $10 000.
8—False
or misleading information
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this Act.
Maximum penalty:
(a) if the person made the statement knowing that it was false or
misleading—$10 000 or imprisonment for 2 years;
(b) in any other case—$5 000.
(1) If the Minister is satisfied that the operator of a security
identified surface transport operation is contravening this Act, the Minister
may give the operator notice in writing specifying the action that the Minister
considers should be taken in order to ensure compliance with this Act.
(2) Failure to comply with the notice within the period allowed by the
notice is not of itself an offence but the notice, and any evidence of the
failure to take the action specified in the notice, is admissible in any
proceedings against the person for an offence against this Act relating to the
alleged contravention in respect of which the notice was given.
(3) Proceedings for an offence against this Act constituted by the
contravention or alleged contravention to which the notice relates may not be
commenced if the person has complied with the notice.
(1) A person engaged
or formerly engaged in the administration of this Act must not disclose
information obtained (whether by that person or otherwise) in the course of
official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the operator of the security identified surface
transport operation to which the information relates; or
(c) in connection with the administration of this Act; or
(d) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2) Information that has been disclosed under
subsection (1) for
a particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
11—Freedom
of Information Act
Information obtained under this Act is not liable to disclosure under the
Freedom
of Information Act 1991.
(1) A notice or other
document required to be given to a person for the purposes of this Act
may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known residential or (in the case of a corporation) registered address;
or
(c) be left for the person at the person's last known residential or (in
the case of a corporation) registered address with someone apparently over the
age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address (in
which case the notice or document will be taken to have been given or served at
the time of transmission).
(2) Without limiting the effect of
subsection (1), a
notice or other document required to be given or sent to a person for the
purposes of this Act may, if the person is a company or registered body within
the meaning of the Corporations Act 2001 of the Commonwealth, be
served on the person in accordance with that Act.
In proceedings for an offence against this Act, an allegation in a
complaint that—
(a) a specified place, activity or system is, or was at a specified time,
a security identified surface transport operation; or
(b) a specified person is, or was at a specified time, the operator of a
security identified surface transport operation; or
(c) a specified person is, or was at a specified time, a person authorised
by the Minister under
section 7,
will be accepted as proved in the absence of proof to the
contrary.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Regulations under this Act may—
(a) be of general application or limited application; or
(b) make different provision according to the matters or circumstances to
which they are expressed to apply; or
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister;
or
(d) refer to or incorporate, wholly or partially and with or without
modification, a specified code or standard as in force at a specified time or as
in force from time to time.
(3) If a code or standard is referred to or incorporated in the
regulations—
(a) a copy of the code or standard must be kept available for inspection
by members of the public, without charge and during normal office hours, at an
office prescribed by regulation; and
(b) evidence of the contents of the code or standard may be given in legal
proceedings by production of a document apparently certified by the Minister to
be a true copy of the code or standard.