I, 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.
Dated 03 May 2017
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Darren Chester
Minister for Infrastructure and Transport
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
6 Form of identity card
7 Australia’s international obligations affecting Inspector’s powers and functions
8 Criteria for person to be delegated Inspector’s powers and functions
9 Fee for attendance at coronial inquiry
Schedule 1—Repeals
Inspector of Transport Security Regulations 2007
1 Name
This instrument is the Inspector of Transport Security Regulations 2017.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered. 10 May 2017
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under the Inspector of Transport Security Act 2006.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) coronial inquiry;
(b) Inspector;
(c) international agreement.
In this instrument:
Act means the Inspector of Transport Security Act 2006.
6 Form of identity card
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:
(a) the identifying number of the card;
(b) the date of issue, and the date of expiry, of the card;
(c) the name of the person to whom the card is issued;
(d) an example of the signature of the person;
(e) identification of the powers under Division 2 of Part 5 of the Act that the person can exercise.
7 Australia’s international obligations affecting Inspector’s powers and functions
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).
Note: 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).
8 Criteria for person to be delegated Inspector’s powers and functions
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:
(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
(b) the person has suitable experience in, or training relevant to, security investigations; or
(c) the person works in a transport industry to which the powers or functions to be delegated relate; or
(d) the person has experience or other technical expertise relevant to the principal matter to which the powers or functions to be delegated relate.
9 Fee for attendance at coronial inquiry
(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.
(2) The amount of the fee is the sum of the following amounts:
(a) the person’s salary for the duration of his or her:
(i) attendance at the inquiry; and
(ii) necessary travel to and from the inquiry;
subject to subsection (3);
(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;
(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;
(d) if:
(i) the Commonwealth incurs legal expenses relating to the attendance (such as the provision of legal representation at the inquiry); and
(ii) the Inspector is satisfied that it is appropriate to seek reimbursement of those expenses from the State or Territory;
the amount of those expenses.
(3) The amount described in paragraph (2)(a) cannot exceed:
(a) in any case—$1,000; and
(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.
(4) The due date for payment of the fee is the 30th day after the last day of the inquiry.