Transport

Program 2.1—Transport Security

Highlights

Implementation of the National Aviation Policy White Paper and subsequent Strengthening Aviation Security Initiatives are proceeding well. Six of the 13 aviation security initiatives announced in the National Aviation Policy White Paper have now been implemented.

Regulatory approval and compliance targets have been met across the aviation, maritime and offshore oil and gas sectors. The Department took regulatory action to respond to the air cargo security threat following the events of 29 October 2010, when improvised explosive devices were detected in air cargo that was consigned in Yemen for transport to the United States.

Transport security outcomes have been advanced through a range of engagement activities with international institutions, international partners, regional dialogue, and bilateral engagement. The Department has continued to contribute to international capacity building, including last ports of call inspections, and has delivered professional development and assistance both domestically and internationally.

The Department hosted a highly successful 34th meeting of the Asia Pacific Economic Co-operation (APEC) Transportation Working Group in Brisbane from 13–16 June, attended by 260 delegates from 19 APEC economies.

Amendments to the Aviation Transport Security Regulations 2005 were made to enhance the Aviation Security Identification Card (ASIC) scheme, as part of the Government's commitment to implementing measures announced in the National Aviation Policy Statement.

The Department provided a formal response to the Australian National Audit Office (ANAO) report into the Management of the Aviation and Maritime Security Identification Card Schemes, noting positive comments on the Department's approach to risk management, governance and industry consultation, and outlined continuous improvements enacted to respond to the three recommendations made by the ANAO.

On 31 May 2010 the Minister for Infrastructure and Transport, the Hon Anthony Albanese MP, formally directed the Inspector of Transport Security to conduct an inquiry into Offshore Oil and Gas Resources Sector Security. The inquiry was formally announced by the Minister on 1 February 2011. The operational phase of the inquiry has begun, and an interim report is expected to the Minister by late 2011.

Overview

Program 2.1 was delivered through the work of the Office of Transport Security and the Office of the Inspector of Transport Security. Program 2.1 is designed to ensure a more secure Australian transport system through clarity of roles and responsibilities between transport industry participants and the Australian Government. Operators are responsible for facility level preventive security, with compliance being assured by the Australian Government. Against this context, the Program objective is to ensure a secure Australian transport system against the threat of terrorist attack.

Summary of performance

Tables 4.1 and 4.2 summarise the Department's results in delivering Program 2.1, against the key performance indicators and deliverables and their targets published in the 2010–11 PBS.

Table 4.1 Summary of performance—Program 2.1 key performance indicators
Key performance indicator Target Result
Activity is underpinned by a sound understanding of the threat and security risk environment as it affects transport security. Sound understanding of threat and risk is demonstrated through the analysis of available intelligence and vulnerability indicators; appropriate action by the Department and industry to mitigate against new or emerging threats and the heightened likelihood of attacks; appropriate briefings and threat-related products by the Department to industry. 10–11 Achieved 09–10 Achieved
The Department took regulatory action to respond to the air cargo security threat following the events of 29 October 2010, when improvised explosive devices were detected in air cargo that was consigned in Yemen for transport to the United States. The Department worked with key Australian Government agencies to assess and respond to the immediate threat and to develop a longer-term strategy to mitigate vulnerabilities.

To ensure it maintained a contemporary understanding of the transport security threat and risk environment, the Department engaged extensively throughout the year with both the Australian national security community and industry.

The Department received and analysed more than 500 threat assessments and intelligence reports, which set the foundation for the Department's risk-based transport security regulatory framework. There is a continued emphasis on ensuring that transport security risk assessment processes are robust and drive the development and assessment of security plans and programs.
Policy and regulatory activity ensures that industry achieves effective and sustainable transport preventive security outcomes. Effective policy leads to timely changes in transport security legislation and facility level transport security plans/programs, provides a framework for preventative security mitigation measures, minimises unintended consequences for transport operators and can be implemented at the facility level/operating environment in a flexible manner. Effective regulatory activity is demonstrated by a high degree of compliance and enhanced security culture by industry operators, a reduction in transport security vulnerabilities with appropriate departmental compliance activity. Industry security outcomes were enhanced through the following.
  • 2,958 compliance activities, including 485 audits of aviation, maritime and registered air cargo industry participants.
  • These compliance activities identified 682 issues of non-compliance. Industry participants responded in a timely and appropriate manner to every non-compliance notice.
  • There were 33 investigations of alleged breaches of Australia's transport security legislation. These investigations resulted in the issue of two infringement notices and one formal caution notice; both infringements were for ASIC/MSIC offences committed by individuals.
  • One enforcement order and two Compliance Control Directions were issued to industry participants under the Aviation Transport Security Act 2004, to ensure that emerging compliance concerns were effectively controlled.
  • Between October 2010 and June 2011, 362 Special Security Directions and 94 Directions to Vary Transport Security Programs were issued under the Aviation Transport Security Act 2004 as part of the response to the Yemen air cargo incident.
The Department engaged a service provider who undertook 40 courses of hand-wand training at regional airports around Australia and trained 271 participants.

The Aviation Transport Security Amendment (2009 Measures No.2) Act 2010 took effect on 11 September 2010. This Act made technical amendments to strengthen the air cargo security legislative framework.

The Aviation Transport Security Amendment (Air Cargo) Bill 2011 was introduced into Parliament on 23 March 2011. The Bill contained amendments which improve the transparency and effectiveness of the legislative framework.

The Department provided a formal response to the ANAO Report into the Management of the ASIC and MSIC schemes, noting positive comments on the Department's approach to risk management, governance and industry consultation.

As part of its continuous improvement process, action has begun to respond to the three recommendations of the report.
The transport security context domestically and internationally is influenced to advance Australian interests. The Department works with international partners and bodies to improve international transport security frameworks and awareness, and works with other international regulators to develop effective preventive security measures in response to terrorist threats.

The Department incorporates international aviation and maritime agreements and utilises international best practice guidance materials within Australia's national transport preventive security regimes.

The Department works with other government agencies to develop nationally consistent surface and mass transport security outcomes, and to provide risk mitigation advice to transport critical infrastructure.
The Department strongly engaged in international moves to strengthen air cargo security arrangements following the Yemen security incident of 29 October 2010. Representation occurred in forums facilitated by the International Civil Aviation Organization (ICAO) and has influenced the direction of emerging global standards for air cargo security. Work occurred bilaterally and multilaterally with international transport security regulators and industry to promote a collaborative strategy to strengthen global air cargo security standards.

Engagement continued with both the domestic and international security technology communities to maintain an awareness of, and influence the development of, emerging technologies that may have applications in transport security. This included supporting several Australian research projects.

Work continued with state and territory jurisdictions to develop a nationally consistent approach to surface transport security, as well as providing risk-mitigation advice to critical transport infrastructure through the work of the Trusted Information Sharing Network.

Continued development of productive relationships in the region through the Department's network of overseas posts, Pacific transport security liaison officers and active participation in regional and international forums.

Australia is regarded as a leader in transport security which can work cooperatively to develop transport security capacity.

Action was taken to ensure appropriate policing response capability at low volume international gateways, where a permanent Australian Federal Police presence is not warranted.

The Department co-hosted an APEC Aviation Security Canine Screening Workshop in June 2011 to promote best practice and to facilitate capacity-building within the region.

Results Key

Achieved All targets for 2010–11 were met or exceeded
Not achieved None or minimal progress was made against targets in 2010–11
Partially achieved Some targets were met, and any issues are being managed
Substantially achieved Targets were mostly met, and any issues are being managed
Table 4.2 Summary of performance—Program 2.1 deliverables
Deliverable Target Result
Implement National Aviation Policy Statement. Implement National Aviation Policy Statement initiatives. Six of the 13 aviation security initiatives have been completed:
  • introducing the 30,000 kg maximum take-off weight (MTOW) threshold for security screening from 1 July 2010
  • lowering the threshold to 20,000 kg MTOW from 1 July 2012
  • expanding international cooperation
  • amending the prohibited items list
  • unaccompanied baggage, and
  • oversized liquids requirements.
Work is continuing on the remaining seven aviation security initiatives:
  • requirements for hardened cockpit doors
  • front-of-house arrangements
  • annual certification for screening officers and authorities
  • screener training and performance management requirements
  • enhancements to the ASIC regime
  • the regulated shipper scheme, and
  • requirements for senior level responsibility for transport security programs.
The Department has held continuing consultation with regional communities which will be implementing screening at their airports from 1 July 2012.

A suite of projects is being carefully managed to deliver the Strengthening Aviation Security Initiatives and changes to the ASIC and MSIC schemes, together with other matters announced in the Aviation Policy White Paper. Work continues closely with affected industry participants to ensure smooth implementation. Activities include industry briefings, development of specific guidance, on-site briefings in respect of changing regulatory requirements, and availability of key policy and regulatory staff to provide appropriate information and assistance.
Any legislative or policy component of a transport security risk mitigation strategy is delivered efficiently and with the minimum impact on industry and the travelling public. Policy, legislation and regulation development complies with Office of Best Practice Regulation standards. Air cargo security-related amendments to the Aviation Transport Security Act 2004 were referred to the Office of Best Practice Regulation, which determined that these amendments will have minor and machinery impacts and therefore no further analysis (in the form of a Regulation Impact Statement) was required.

Amendments to the Aviation Transport Security Regulations 2005 were made to enhance the ASIC scheme, as part of the Australian Government's commitment to implementing measures announced in the National Aviation Policy Statement.

These regulation amendments were introduced in parts. Provisions for administrative measures began in December 2010 and May 2011, and substantive provisions for strengthening visitor arrangements and reducing the number of ASIC issuing bodies are scheduled to begin in November 2011.
Work with international regulators in targeted last ports of call locations to develop effective preventive security measures. Annual engagement with key regional regulators, international bodies and industry participants. 17 last port of call aviation security assessments were conducted at airports selected and prioritised using a risk methodology. The outcomes informed the development of cooperative aviation security initiatives within the Asia-Pacific region.
Percentage of ‘high risk’ cases subject to compliance activity within 12 months. 95%. In 2010–11, 98.6% of high-risk participants were subject to compliance activity.
Effective administration of regulatory approval processes. Regulatory responsibilities are met. Regulatory responsibilities were met, 99% (489) regulatory approvals being processed within the time frame expected by legislation. A small number of exceptions (five) related to process or communication issues within the Department, which have all been resolved.
Industry forums are consulted as required to inform policy and legislation development. All regulated industry sectors are consulted at intervals not exceeding 12 months. All regulated industry sectors were consulted at regular intervals.

OTS engaged through consultative forums and meetings with stakeholders.
Sector specific risk context statements and transport security advisories reviewed and issued in a timely fashion to inform industry and Government preventive security measures. Sectoral Risk Context Statements are produced and disseminated to industry within four months of receipt of a sectoral threat assessment.

Transport Security Advisories are issued within 7 days of receipt of significant intelligence or following a security incident with relevance to transport preventive security outcomes.
A revised Aviation Security Risk Context Statement and the first iteration of an Air Cargo Supply Chain Security Risk Context Statement were produced and released to the relevant industry bodies in February 2011.

During 2010–11, 10 Transport Security Advisories were produced and released.

A scoping brief for a revised Land Freight Security Risk Context Statementwas also produced.
Inspector of Transport Security undertakes inquiries as directed by the Minister. Reporting outcomes of inquiries to the Minister and Secretary in a reasonable timeframe as specified by the Minister. Inquiry, report and recommendations accepted by the Minister. On 31 May 2010, the Inspector of Transport Security was formally directed to conduct an Inquiry into Offshore Oil and Gas Resources Sector Security. The inquiry was formally announced by the Minister on 1 February 2011 after federal, state and territory government communication and agreement. The operational phase of the inquiry has begun, and an interim report is expected to the Minister by late 2011.
Efficient and effective management of administered items. Items are administered in accordance with relevant legislation, published guidelines and ANAO guidance. Administered items were administered in accordance with relevant legislation, published guidelines and ANAO guidance.

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Last Updated: 29 October, 2014