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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-03-08 Daily Xml
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TERRORISM (SURFACE TRANSPORT SECURITY) BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. B.V. FINNIGAN (Minister for Industrial Relations, Minister for State/Local Government Relations, Minister for Gambling) (17:58): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The threat from terrorism is global and ongoing, presenting a challenge to Australia and Australian interests wherever they may be. Australia has been fortunate to escape the attacks that have been perpetrated in Madrid, London, Mumbai and last year in Moscow. We need to remain vigilant to the potential risk and ensure we have means at our disposal to deter terrorists.

Surface transport systems, particularly mass passenger transport systems, concentrate large numbers of people in the confines of vehicles, vessels, stations and terminals at predictable times and places. As such, they offer substantial potential for mass casualties and injuries in a terrorist attack, as well as significant economic and social impact on Australian society and interests.

The Council of Australian Governments endorsed an Intergovernmental Agreement on Surface Transport Security following recommendations from the Australian Transport Council and the National Counter-Terrorism Committee. The primary aim of the Agreement is to put in place nationally-consistent arrangements to protect the community through strengthening security measures on surface transport systems. The Terrorism (Surface Transport Security) Bill 2011 was drafted to fulfil South Australia's obligations under this Agreement.

Queensland and Victoria have enacted similar dedicated legislation while the remaining jurisdictions have modified their existing legislation.

This Bill will assist in reducing the vulnerability of the surface transport system in South Australia to terrorism in the event that changes in the security environment require its application. The Bill also aims to minimise the possibility that a terrorist act will be displaced from another jurisdiction to South Australia simply because South Australia, in the absence of such legislation, might be perceived to have a lower level of security preparedness.

The Bill provides the Minister for Transport with the power to identify operators at significant risk of a terrorist attack due, for example, to their size, location or iconic status, the number of passengers using the operation and any other factor considered relevant by the Minister, and to declare them a 'security identified surface transport operator' (a 'SISTO').

The primary object of the Bill is to impose an obligation on SISTOs to prepare, implement and review a counter terrorism plan. A counter terrorism plan must:

contain an assessment of the vulnerability of the transport operation to a terrorist act;

set out arrangements for assessing the likelihood of a terrorist act affecting the transport operation being committed;

set out a series of measures designed to minimise the risk of such a terrorist act being committed and to minimise the effect of such a terrorist act on the transport operation; and

set out measures to be taken in the event of a terrorist act, including measures designed to facilitate an immediate and effective response to the terrorist act, and the recovery and continued safe operation of the transport operation.

The development of security plans will include identification of further measures which will be implemented if the current National Counter-Terrorism Alert Level changes to a higher level, or if made necessary by an alert level applicable to a geographical area or specific transport sector (or part of a sector) issued by a security intelligence agency or a law enforcement agency.

Consultation with key transport industry members has demonstrated that most potential SISTOs are sophisticated organisations that have already introduced a range of security measures and training plans to mitigate the potential effects of terrorism and other security threats on their businesses. This will significantly reduce the compliance burden on operators under this new legislation. Further, the major metropolitan public transport providers are already required under their contracts with the Government to introduce and maintain counter-terrorism measures that match the requirements of this legislation.

Under the Rail Safety Act 2007, rail transport operators are required to prepare and implement a security management plan, which must incorporate measures to protect people from general security matters including theft, assault and sabotage, as well as terrorism. This Bill therefore makes provision for rail operators who may be declared a SISTO by allowing them to include the requirements of the counter-terrorism plan in their existing security management plan. This avoids the need to have two plans and ensures their security planning is fully integrated.

If changes to the security environment require this legislation to be invoked, it is anticipated that meeting its requirements will reduce the vulnerability of transport operations to terrorism.

I commend the Bill to the House.

Explanation of Clauses

1—Short title

2—Commencement

Clauses 1 and 2 are formal.

3—Interpretation

Clause 3 proposes definitions necessary for the measure. In particular, a security identified surface transport operation means a place, activity or system, associated with or relating to, the movement of people or goods by road, rail or water identified by the Minister under the measure as a security identified surface transport operation.

4—Civil remedies not affected

Clause 4 provides that the provisions of the measure do not limit or derogate from any civil right or remedy and that compliance with the measure does not necessarily indicate that a common law duty of care has been satisfied.

5—Notice relating to security identified surface transport operation

Clause 5 proposes that the Minister may, by notice in writing—

declare a specified place, activity or system, associated with or relating to, the movement of people or goods by road, rail or water to be a security identified surface transport operation; and

declare a person to be the operator of the operation; and

specify the period within which the operator must prepare a counter terrorism plan in accordance with the measure.

The clause further provides that the Minister may identify an operation as a security identified surface transport operation if of the opinion that the operation has a significant risk of being the target of a terrorist act.

6—Counter terrorism plan

Clause 6 provides that the operator of a security identified surface transport operation must prepare a counter terrorism plan in accordance with the measure, and must not, without reasonable excuse, fail to implement such a plan. Each offence has a maximum penalty of $50,000.

A counter terrorism plan must—

contain an assessment of the vulnerability of the transport operation to a terrorist act; and

set out arrangements for assessing the likelihood of a terrorist act affecting the transport operation being committed; and

set out a series of measures to be taken according to the assessed likelihood of a terrorist act affecting the transport operation being committed, and designed to minimise the risk of such a terrorist act being committed and to minimise the effect of such a terrorist act on the transport operation; and

set out measures to be taken in the event of a terrorist act; and

set out a scheme for the preparation and conduct of training exercises to test, from time to time, the operation of the counter terrorism plan; and

set out a scheme for the provision of information and training to staff and others about the arrangements and measures set out in the plan; and

specify the persons or classes of persons responsible for taking action under the plan; and

set out a scheme for the review and updating of the plan; and

comply with any other requirements of the regulations.

7—Provision of information relating to counter terrorism plan

Clause 7 provides that the operator of a security identified surface transport operation must, at the request of a person authorised by the Minister, provide the person with a copy of the counter terrorism plan for the transport operation and information in writing about the implementation or review of the counter terrorism plan for the transport operation. The clause proposes a maximum penalty of $10,000.

8—False or misleading information

Clause 8 provides that a person must not make a statement that is false or misleading in a material particular in any information provided under the measure. If the person made the statement knowing that it was false or misleading a maximum penalty of $10,000 or imprisonment for 2 years is proposed, and in any other case a maximum penalty of $5,000 is proposed.

9—Compliance notice

Clause 9 proposes that if the Minister is satisfied that the operator of a security identified surface transport operation is contravening the measure, the Minister may give the operator notice in writing specifying the action that the Minister considers should be taken in order to ensure compliance with the measure.

10—Confidentiality

Clause 10 provides for confidentiality. It states that a person engaged or formerly engaged in the administration of the measure must not disclose information obtained in the course of official duties except—

as required or authorised by or under the measure or any other Act or law; or

with the consent of the operator of the security identified surface transport operation to which the information relates; or

in connection with the administration of the measure; or

to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions.

The clause proposes a maximum penalty of $10,000.

11—Freedom of Information Act

Clause 11 provides that information obtained under the measure is not liable to disclosure under the Freedom of Information Act 1991.

12—Service

This clause provides for the method of service of a notice or other document under the measure.

13—Evidentiary provision

This clause provides evidentiary aids.

14—Regulations

This clause provides a general regulation making power.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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