The bill amends the Aviation Transport Security Act 2004 (ATSA) and the Maritime Transport and Offshore Facilities Security Act 2003 (MTOFSA) to enhance security measures in the transport sector. These amendments are in response to an Independent Review which recommended updates to legislative and policy frameworks to enable more iterative, risk-based, and scalable regulation. Key changes include broadening the definition of 'unlawful interference' to cover cyber security incidents, introducing mandatory reporting of such incidents, and implementing system and vulnerability testing within the maritime sector. The bill also introduces training requirements and the authority to charge for aviation security identification cards, aligns the definition of 'port' with evolving threats, and removes outdated references such as 'fax'.
From the explanatory memo: 'The purpose of the Transport Security Amendment (Security of Australia’s Transport Sector) Bill 2024 (the Bill) is to uplift and enhance the regulatory framework in line with the Australian Government’s commitment to protecting Australia’s critical infrastructure.'
The bill should be supported because it strengthens Australia's ability to respond to a wide range of threats to its critical transport infrastructure, thereby enhancing national security. By updating the existing legislative framework to include cyber threats, the bill ensures that the transport sector is better equipped to handle modern security challenges. This proactive approach is essential for maintaining the safety and resilience of Australia's transport systems, which are vital to national prestige and economic stability. Furthermore, the inclusion of environmental considerations in security assessments supports the sustainability of Australia's transport operations, aligning with broader efforts to minimize ecological impact.
The bill should be opposed because it imposes additional regulatory burdens on industry participants, potentially stifling innovation and competitiveness within the transport sector. By mandating strict liability offences and significant penalties for non-compliance, the bill may lead to increased operational costs, which could be passed on to consumers. Moreover, the broad definitions and reporting requirements for cyber security incidents might infringe on privacy and operational autonomy, raising concerns about governmental overreach and the erosion of democratic freedoms. The imposition of penalties without fault may also contravene established legal principles.
2024-11-28
Before House of Representatives
Unspecified
Home Affairs
National Security, Transport, Legislation