{"id":"F2017L00510","name":"Inspector of Transport Security Regulations 2017","slug":"inspector-of-transport-security-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439187,"registerId":"F2017L00510-fast-fetch-1775955295877","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Inspector of Transport Security Regulations 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nInspector of Transport Security Regulations 2017\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 03 May 2017\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nDarren Chester\n\nMinister for Infrastructure and Transport\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Form of identity card\n\n7 Australia’s international obligations affecting Inspector’s powers and functions\n\n8 Criteria for person to be delegated Inspector’s powers and functions\n\n9 Fee for attendance at coronial inquiry\n\nSchedule 1—Repeals\n\nInspector of Transport Security Regulations 2007\n\n1  Name\n\n  This instrument is the Inspector of Transport Security Regulations 2017.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 10 May 2017\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Inspector of Transport Security Act 2006.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) coronial inquiry;\n\n(b) Inspector;\n\n(c) international agreement.\n\n  In this instrument:\n\nAct means the Inspector of Transport Security Act 2006.\n\n6  Form of identity card\n\n  For the purposes of paragraph 40(2)(a) of the Act, the form of an identity card is a form that includes the following information legibly:\n\n (a) the identifying number of the card;\n\n (b) the date of issue, and the date of expiry, of the card;\n\n (c) the name of the person to whom the card is issued;\n\n (d) an example of the signature of the person;\n\n (e) identification of the powers under Division 2 of Part 5 of the Act that the person can exercise.\n\n7  Australia’s international obligations affecting Inspector’s powers and functions\n\n  For the purposes of section 81 of the Act (which requires the Inspector’s powers and functions to be exercised and performed consistently with obligations under international agreements), the obligations are those in paragraphs 5.12 and 6.2 of Annex 13 to the Convention on International Civil Aviation done at Chicago on 7 December 1944 (that was adopted in accordance with that Convention).\n\nNote: The Convention is in Australian Treaty Series 1957 No. 5 ([1957] ATS 5) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n8  Criteria for person to be delegated Inspector’s powers and functions\n\n  For the purposes of subparagraph 82(1)(c)(ii) of the Act (which is about criteria for a person to be delegated the Inspector’s powers and functions), the criteria are:\n\n (a) the person has experience or other expertise relevant to the mode of transport to which the powers or functions to be delegated relate; or\n\n (b) the person has suitable experience in, or training relevant to, security investigations; or\n\n (c) the person works in a transport industry to which the powers or functions to be delegated relate; or\n\n (d) the person has experience or other technical expertise relevant to the principal matter to which the powers or functions to be delegated relate.\n\n9  Fee for attendance at coronial inquiry\n\n (1) For the purposes of subsection 88(2) of the Act, this section provides for the amount, and due date for payment, of a fee payable by a State or Territory under subsection 88(1) of the Act for a person’s attendance as a witness at a coronial inquiry.\n\n (2) The amount of the fee is the sum of the following amounts:\n\n (a) the person’s salary for the duration of his or her:\n\n (i) attendance at the inquiry; and\n\n (ii) necessary travel to and from the inquiry;\n\n  subject to subsection (3);\n\n (b) reasonable costs incurred by the person, and payable by the Commonwealth, for transport between the person’s usual place of residence and the place where he or she attends the inquiry;\n\n (c) if the attendance requires the person’s absence overnight from his or her usual place of residence—reasonable costs incurred by the person, and payable by the Commonwealth, for meals and accommodation during the absence;\n\n (d) if:\n\n (i) the Commonwealth incurs legal expenses relating to the attendance (such as the provision of legal representation at the inquiry); and\n\n (ii) the Inspector is satisfied that it is appropriate to seek reimbursement of those expenses from the State or Territory;\n\n  the amount of those expenses.\n\n (3) The amount described in paragraph (2)(a) cannot exceed:\n\n (a) in any case—$1,000; and\n\n (b) in the case of attendance and travel for less than a full day—the amount worked out assuming that the person’s salary for each hour, or part of an hour, of attendance or travel were $133.33.\n\n (4) The due date for payment of the fee is the 30th day after the last day of the inquiry.\n\nSchedule 1—Repeals\n\n \n\nInspector of Transport Security Regulations 2007\n\n1  The whole of the Regulations\n\nRepeal the Regulations.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the Inspector of Transport Security Regulations 2007 (Sch 1) and replaces them with targeted procedural rules: identity card form (s6), applicable international obligations (s7), delegation criteria (s8), and a detailed fee and payment regime for coronial attendance (s9). The effect is a narrower, procedure‑focused regulatory text that transfers practical payment obligations to States/Territories and clarifies delegation discretion under the Act."},"complexity_factors":["Cross‑references to the Inspector of Transport Security Act 2006 for key definitions and delegation authority (see s3 and s5).","External treaty reference to Annex 13 of the Chicago Convention that constrains how powers are exercised (s7).","Delegation criteria framed broadly by experience, training or technical expertise, leaving administrative discretion (s8).","Fee calculation with multiple components (salary, travel, meals/accommodation, legal expenses) and numeric caps and hourly rates (s9(2)–(3)).","Timebound payment obligation (30 days) affecting State/Territory cashflows and budgeting (s9(4)).","Repeal of the 2007 Regulations and re‑enactment of limited procedural provisions (Schedule 1).","Limited in‑instrument definitions; reliance on Act for several terms increases interpretive dependency (s5 note)."],"plain_english_summary":"This instrument replaces the 2007 regulations and sets practical rules for the Inspector of Transport Security: the identity‑card form, which international aviation obligations must guide the Inspector, criteria for delegating Inspector powers, and a formula (with caps) for fees recoverable from States/Territories when staff attend coronial inquiries. States/Territories must pay specified salary, travel and subsistence costs (capped at $1,000 or $133.33/hour) within 30 days; the Inspector decides on delegations and whether to seek reimbursement of legal expenses (ss6–9; Sch 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2007 Regulations with no expansion beyond the original purpose of operationalising the Inspector of Transport Security Act 2006. The provisions cover the same ground: administrative machinery (ID cards, delegations, fees) and international obligations alignment."},"complexity_factors":["Very short instrument (9 sections plus Schedule)","Minimal defined terms (only 'Act' defined; relies on parent Act definitions)","No nested exceptions or complex conditional logic","Straightforward fee calculation with simple arithmetic caps","Single cross-reference to international treaty (Annex 13 to Chicago Convention)","Clear, linear structure with no interdependent provisions"],"plain_english_summary":"This bill sets practical rules for the independent Inspector of Transport Security, covering issued ID cards, adherence to specified international aviation investigation standards, criteria for temporarily delegating the Inspector’s powers to qualified personnel, and a fee regime requiring states and territories to reimburse the Inspector for staff attendance at coronial inquiries. It also repeals the 2007 regulations. It affects transport security staff, state and territory governments, and parties involved in transport security investigations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/inspector-of-transport-security-regulations-2017","history":"/api/acts/inspector-of-transport-security-regulations-2017/history","analysis":"/api/acts/inspector-of-transport-security-regulations-2017/analysis","conflicts":"/api/acts/inspector-of-transport-security-regulations-2017/conflicts","importantCases":"/api/acts/inspector-of-transport-security-regulations-2017/important-cases","documents":"/api/acts/inspector-of-transport-security-regulations-2017/documents"}}