Aviation and Maritime Security Regulatory Philosophy

The Department of Home Affairs is responsible for implementing policy and regulations to counter a broad range of threats such as terrorism, espionage, people-smuggling, organised crime and cyber- security attacks.

The Aviation and Maritime Security Division plays a critical role within the broader Department by regulating transport security in the aviation, maritime, and offshore oil and gas industries. A comprehensive approach is required to help safeguard Australia’s transport systems from terrorism and other acts of unlawful interference.

The Aviation Transport Security Act 2004 and Maritime Transport and Offshore Facilities Security Act 2003 and associated regulations (collectively referred to as the transport security legislation) confer functions and powers on the Department which broadly include:

• administering transport security legislation,assessing regulatory submissions and makingcore regulatory decisions under the transportsecurity legislation

• developing and implementing effective monitoringand enforcement strategies to promote individualand business compliance with obligations under thetransport security legislation.

We do this by working with government partners and industry stakeholders to maintain a strong, comprehensive and sustainable approach to transport security.

The following principles guide us in carrying out our regulatory activities, exercising our regulatory powers, and engaging with industry stakeholders, participants and regulated entities.

Our regulatory principlesThrough our decisions and actions we will:

Focus on riskTaking a risk-based approach to safeguard against unlawful interference and focusing our attention and resources on areas of higher risk to transport security.

Promote trust and voluntary complianceAdopting a consultative and collaborative approach, soliciting feedback to inform continuous improvement, and providing education and guidance to assist industry partners to understand their legislative obligations.

Be accountable, fair and transparentBy not unnecessarily impeding the efficient and effective operations of regulated entities, and making timely decisions based on legislative requirements.

Act consistentlyDelivering equitable decision-making by treating like situations in a like manner while taking account of specific case circumstances.

Act proportionatelyWhen exercising enforcement powers by taking into account the:

• security implications of the non-compliance

• seriousness of the non-compliance

• compliance history, engagement and transparency of the regulated entity

• mitigating factors such as voluntary steps taken to address the issue

• need for deterrence

• facts of the matter at hand

• nature of the offence

• impact on Australia’s reputation or Australian interests overseas.

The Aviation and Maritime Security Division recognises that both educative and enforcement mechanisms are necessary to provide an effective and flexible regulatory system which does not unnecessarily impede the efficient and effective operations of regulated entities. A range of regulatory options are available to address non-compliance including:

• education and engagement

• non-compliance notices

• corrective action plans

• infringement notices

• directions

• enforceable undertakings

• enforcement orders

• suspension or revocation of authorisations

• prosecution.

Accordingly, we will assess any reported or detected breach of the transport security legislation and adopt the approach most likely to promote the legislation’s objectives, including encouraging voluntary compliance and taking enforcement action where appropriate.