List of recommendations

3.11The Committee recommends that any new or amended regulations arising from changes to the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003 provide greater clarity and guidance to industry on key elements of the reforms, including definitions, liabilities, and interaction with other relevant legislation.

3.12The Committee recommends that the Department of Home Affairs work with industry to develop the regulations and instruments as part of a genuine consultative process.

3.15The Committee recommends that the Department of Home Affairs, as the regulator, offer clear and accessible guidance and training to aviation and maritime industry participants on the new security obligations and incident reporting requirements, with a particular focus on supporting smaller entities to meet their compliance obligations.

3.16The Committee further recommends that the Australian Government ensure that the Department of Home Affairs continues to be adequately resourced to fulfil all its responsibilities as the regulator.

3.20The Committee recommends that the Department of Home Affairs work with Commonwealth partners to:

identify and address any duplication of reporting requirements, particularly in relation to cyber security incident reporting

prioritise the development of a single Commonwealth reporting portal for the reporting of cyber security incidents

pending the full implementation of such a portal, take whatever collective measures are necessary to facilitate co-ordinated and efficient reporting that meets the needs of the Australian Government while minimising duplication and the burden on industry.

3.24The Committee recommends that the Australian Government consider amendments to the Bill that would allow for a penalty regime that is responsive and scalable, whilst also noting the desirability of consistent penalties across critical industries.

3.30The Committee recommends that the Bill be amended so that the use of the expanded security directions powers in the Aviation Transport Security Act 2004 and the Maritime Transport and Offshore Facilities Security Act 2003 will:

only be used as a last resort, when there are no other effective measures to prevent or mitigate the impacts of an threat of unlawful interference

require the Secretary to take certain things into account before deciding to exercise the powers

be subject to additional safeguards and accountability for the Secretary, including Ministerial authorisation or notification requirements.

3.34The Committee recommends that the Government consider providing extended implementation timeframes for smaller affected entities, such as regional airports, for example.

3.35The Committee recommends that, subject to the implementation of the recommendations in this report, the Transport Security Amendment (Security of Australia’s Transport Sector) Bill 2024 be passed by the Parliament.