The Minister for Home Affairs, Hon Tony Burke MP, wrote to the Parliamentary Joint Committee on Intelligence and Security (the Committee) on 13 January 2025 to refer the Transport Security Amendment (Security of Australia’s Transport Sector) Bill 2024 for inquiry and report.

The Bill is part of the implementation of a reform agenda in response to the Independent Review into Australia’s Aviation and Maritime Transport Security Settings.

The primary purpose of the Bill is to update and strengthen the Aviation Transport Security Act 2004 (ATSA) and the Maritime Transport and Offshore Facilities Security Act 2003 (MTOFSA).

Key elements of the Bill include amendments to either or both Acts to:

• amend the definition of ‘unlawful interference’ to capture a broader variety of acts, including cyber security incidents, and attempts as well as successful acts
• impose reporting requirements for cyber security incidents
• provide for the introduction of ‘all-hazards’ security obligations into both legislative schemes, by authorising regulations to be made relating to security programs and plans, minimum security standards that must be met, security assessments and annual reporting
• introduce system testing requirements for maritime security controls, and ‘vulnerability testing’ in both the aviation and maritime sectors
• update provisions relating to ‘test weapons’ to allow the Department to use new test weapons reflecting current and emerging threats
• broaden and align provisions across both Acts for the issuance of security directions by the Department of Home Affairs
• enable the establishment of a non-compliance ‘demerit points scheme’ for the aviation sector
• amend definitions of ‘port’ and ‘security regulated port’ to ensure that security regulation includes infrastructure, operations, assets and anchorages as part of port facilities.

The Bill includes other technical and administrative updates to the ATSA and MTOFSA.

The Committee invites submissions to the inquiry by 13 February 2025.

Further information about making a submission to a parliamentary committee is available here.