Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)Schedule 8 - Optical surveillance devices at airports and on board aircraft
This Schedule inserts a new Division 10 into Part 4 of the Aviation Transport Security Act 2004 (ATS Act ) which will enable the Minister to determine a code regulating and authorising the use of optical surveillance devices, such as closed-circuit television at airports. The use of closed-circuit television will assist in the provision of aviation transport security.
This item amends the title of the ATS Act to substitute the word 'related' with the word 'other'. This amendment is required to allow for the extended purposes included in the new Division 10 of Part 4.
This item adds a note at the end of subsection 3(1) of the ATS Act to clarify that the new Division 10 of Part 4, and specifically section 74J, sets out additional purposes of the ATS Act .
This item inserts the additional purpose provided for in the new section 74J within section 4 of the ATS Act , which provides a simplified overview of the Act.
This item inserts a definition of optical surveillance device into section 9 of the ATS Act , defining the term to have the same as in the Surveillance Devices Act 2004 , to ensure consistency between these two pieces of legislation.
This item inserts a new Division 10 into Part 4 of the ATS Act .
New Division 10 - Optical surveillance devices
New section 74J - Purposes of this Division
New section 74J outlines the purposes of new Division 10 to include preventing and detecting contraventions of, or offences against, the ATS Act or any other laws of the Commonwealth, at airports and on board aircraft, as well as safeguarding the interests of the Commonwealth more generally.
New section 74K - Minister may determine code
New subsection 74K(1) provides the Minister with a power to, by legislative instrument and for the purposes of this Division, determine a code which authorises and regulates the use of optical surveillance by aviation industry participants, to monitor and record activities at security controlled airports, on aircraft at security controlled airports or other prescribed aircraft, including baggage holds, or a vehicle that is on board an aircraft referred to earlier or at a security controlled airport. For the avoidance of doubt, the code made pursuant to new section 74K is intended to override any law of a State and Territory.
New subsection 74K(2) anticipates that the code may also authorise and regulate the use or disclosure of information obtained through the use of an optical surveillance device pursuant to the code.
New subsection 74K(3) allows for regulations to be made for the purpose of creating offences within the code which may carry penalties of up to 50 penalty units, which under section 4AA of the Crimes Act is equivalent to $5500.