Aviation Transport Security (Incident Reporting) Instrument 2018 (Cth)

Aviation Transport Security (Incident Reporting) Instrument 2018

I, Angus Kirkwood, Delegate of the Secretary of the Department of Home Affairs, make the following instrument.

Dated 27 September 2018

Angus Kirkwood Acting First Assistant Secretary Aviation and Maritime Security Division Department of Home Affairs

Contents 1 Name 2 Commencement 3 Authority 4 Definitions 5 Schedules 6 Information that must be included in a report 7 Way in which the report is to be made Schedule 1—Repeals Aviation Transport Security (Incident Reporting) Instrument 2015

1 Name This instrument is the Aviation Transport Security (Incident Reporting) Instrument 2018.

2 Commencement This instrument commences on the day after it is registered.

3 Authority This instrument is made under subsection 107(1) of the Aviation Transport Security Act 2004

4 Definitions Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) aircraft; (b) aviation industry participant; (c) aviation security incident; (d) in flight; and (e) unlawful interference with aviation

In this instrument: Act means the Aviation Transport Security Act 2004. industry participant means an aviation industry participant. report means a report required to be made to the Secretary under Part 6 of the Act. security incident means an aviation security incident. unlawful interference means unlawful interference with aviation.

5 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6 Information that must be included in a report For the purpose of paragraph 107(1)(a) of the Act, the following information must be included in a report: (a) the name, contact number, and email address for the person making the report; (b) the title or position held by the person making the report; (c) the name of the employer of the person making the report (where applicable); (d) the date of the report; (e) the date and time the security incident commenced; (f) the date and time the security incident ceased; (g) the location of the security incident (including, where applicable, the name and address of the location where the security incident occurred); (h) the industry participant or participants to whom the security incident directly relates; (i) the industry participant or participants who are affected as a result of the security incident; (j) a detailed description of the security incident, including an indication as to whether the incident was: (i) a threat of unlawful interference; or (ii) an unlawful interference; and (k) if the security incident was a threat of unlawful interference: (i) the name and contact details of the person who received the threat; (ii) the details of the threat; (iii) whether the person making the report assessed the threat as genuine or as a hoax and how they made that assessment; and (iv) whether discovering who made the threat was successful, unsuccessful, ongoing or not attempted; and (l) if the security incident involved an aircraft: (i) the aircraft type; (ii) the flight number; (iii) whether or not the aircraft was in flight at the time of the security incident; and (iv) the type of cargo on board (if applicable); (m) if the security incident involved a building or other infrastructure, information sufficient to identify the building or other infrastructure, such as the building number or other identifier; (n) if the person making the report is aware that the security incident has previously been reported to the Department: (i) the approximate time and date at which the security incident was reported; and (ii) the name or position of the person, or the name of the area in the Department, to whom the incident was reported; (o) if the security incident has been reported to the police, an industry participant or any other body: (i) the approximate time and date at which the security incident was reported; and (ii) the name and contact information of the person the incident was reported to; (p) whether the report is a result of a routine security inspection; (q) if the report is a result of a security incident being brought to the attention of the person making the report by a third party: (i) that the report is a result of notification from a third party; and (ii) the name, and where applicable, name of employer, of the third party; and (r) the steps the industry participant has taken, or is in the process of taking, to ensure the security incident does not occur again.