Classification

Guidance for Developing a TSP, Version 2, March 2015 1

Guidance for regulated air cargo agents preparing a transport security program

Guidance material onlySeptember 2015

Note

© Commonwealth of Australia 2015

This work is copyright. You may download, display, print and reproduce this material (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at www.ag.gov.au/cca

Ownership of intellectual property rights in this publicationUnless otherwise noted, copyright (and any other intellectual property rights, if any) in this publication is owned by the Commonwealth of Australia (referred to below as the Commonwealth).

DisclaimerThe material contained in this publication is made available on the understanding that the Commonwealth is not providing professional advice and that users exercise their own skill and care with respect to its use and seek independent advice if necessary.

The Commonwealth makes no representations or warranties as to the contents or accuracy of the information contained in this publication. To the extent permitted by law, the Commonwealth disclaims liability to any person or organisation in respect of anything done, or omitted to be done, in reliance upon information contained in this publication.

Creative commons licenceWith the exception of (a) the coat of arms, (b) the Department of Infrastructure’s photos and graphics copyright in this publication is licensed under a Creative Commons Attribution 3.0 Australia Licence.

Creative Commons Attribution 3.0 Australia Licence is a standard form licence agreement allows you to copy, communicate and adapt this publication provided that you attribute the work to the Commonwealth and abide by the other licence terms.

A summary of the licence terms is available from http://creativecommons.org/licences/by/3.0/au/deed.en

The full licence terms are available from http://creativecommos.org/licences/by/3.0/au/legalcode

Use of the Coat of ArmsThe Department of the Prime Minister and Cabinet sets the terms under which the Coast of Arms is used. Please refer to the Department’s Commonwealth Coast of Arms and Government Branding web page and in particular, the Guidelines on the use of the Commonwealth Coast of Arms publication.

Contact usThis publication is available in <hard copy or PDF format>. All other rights are reserved, including in relation to any Departmental logos or trademarks which may exist. For enquires regarding the licence and any use of this publication, please contact:

Director, Internal Communications and PublishingCommunications Branch, Department of Infrastructure and Regional Development GPO Box 594, Canberra, ACT 2601, Australia.

Email: publishing@infrastructure.gov.au

Website: www.infrastructure.gov.au

ContentsIntroduction........................................................................................................................................1

Why do I need a transport security program (TSP)?..........................................................................1

How long is a TSP valid for?..............................................................................................................2

What must a TSP contain?................................................................................................................2

Using the TSP template.....................................................................................................................2

Section headings and table of contents..........................................................................................2

Coloured text within the template...................................................................................................2

Template annexes, attachments and accompanying documents..................................................3

What should I do if I need to change the information in my TSP?.....................................................3

TSP ‘alterations’ (section 23A of the Act).......................................................................................3

TSP ‘revisions’ (section 22 of the Act)............................................................................................3

Changes to information provided in relation to regulations 2.54(1) and 2.54(2) (Attachment C and Accompanying Document 1 of the TSP template)..........................................................................4

Changes to other documents accompanying the TSP...................................................................4

Getting your TSP approved................................................................................................................4

Submitting your TSP.......................................................................................................................4

Decision timeframes.......................................................................................................................4

For further information........................................................................................................................5

Guidance for regulated air cargo agents preparing a TSP (September 2015) 1

IntroductionAustralia’s aviation sector facilitates both travel and trade, connecting our cities and towns with each other and the rest of the world. The sector is very diverse, and includes large enterprises such as Australia’s international gateway airports, cargo terminals, express freight operations and major international airlines, as well as small, often local council owned, regional and remote airports and small freight forwarders.

Aviation and air cargo supply chains service many regional and remote communities, providing vital access to health care, education, legal, postal and financial services. It also supports economic growth in these communities by connecting regionally based businesses to domestic and international markets.

The Australian Government regulates the security of the Australian aviation environment through its administration of the Aviation Transport Security Act 2004 (the Act) and the Aviation Transport Security Regulations 2005 (the Regulations). The purpose of the Act is to establish a regulatory framework to safeguard against unlawful interference with civil aviation and maintain and improve aviation security in accordance with international standards and practices. The Act provides the regulatory framework for preventive aviation security and the associated Regulations set out the mandated minimum standards for industry to meet in their operations.

The Department of Infrastructure and Regional Development (the Department) is responsible for administering the Act and Regulations, while regulated aviation industry participants, such as airports, aircraft operators and regulated air cargo agents (RACAs), are responsible for delivering security on a day-to-day basis. This recognises that airports, airlines and air cargo agents are commercial enterprises and they have specialist capability and expertise to effectively manage their key infrastructure securely; which is not available within the Government. As a result, industry is responsible for ensuring that their staff and contractors are appropriately trained to undertake any specific security roles and responsibilities as needed under the aviation security legislation.

Why do I need a transport security program (TSP)?The Act requires all RACAs to submit, hold and maintain an approved TSP. It is an offence for a RACA to operate without an approved TSP.

A TSP sets out the measures and procedures that the RACA will implement to reduce the risk of terrorism and other acts of unlawful interference, and meet their obligations under the Act and Regulations. It demonstrates that the RACA:

is aware of their responsibility to contribute to the maintenance of aviation security;

has an integrated, responsible and proactive approach to managing aviation security;

has the capacity to meet the specific obligations imposed under the Act; and

has taken into account their local security risk context in developing activities and strategies for managing aviation security.

2 Guidance for airport operators preparing a TSP (September 2015)

How long is a TSP valid for?A TSP can remain in force for up to five years from the date of approval. The length of time an individual TSP is valid for will be specified in the notification of approval.

What must a TSP contain? A RACA’s TSP must set out the following:

how the RACA will manage and co-ordinate aviation security activities with their operation(s), including the measures and procedures used to maintain aviation security and prevent unlawful interference with air cargo and aviation;

how the RACA will co-ordinate the management of aviation and air cargo security with other parties within the air cargo supply chain;

how the RACA will respond to aviation security incidents;

how the RACA will protect security compliance information;

the other aviation participants who are covered by, or operating under, the TSP; and

the consultation that was undertaken, in preparing the TSP, with the other aviation industry participants who are covered by, or operating under, the program.

Note: Your TSP must reflect the specific security measures and procedures used by your organisation. It must also include a signed statement to the effect that you believe that the TSP gives effect to your obligations under the Act.

Guidance for regulated air cargo agents preparing a TSP (September 2015) 3

Using the TSP templateIn preparing the TSP you can use the template or choose to develop your own version, as long as your TSP addresses all the applicable legislative and regulatory requirements.

For administrative purposes we ask that the covering page of your TSP includes the RACA’s legal name, Australian Company Number (ACN) (or Australian Registered Body Number (ARBN) if applicable) and Australian Business Number (ABN) if issued, as well as the RACA’s trading name(s) if any.

Section headings and table of contentsWe recommend that you do not alter the headings in the TSP template when preparing your TSP. However, if you remove certain sections of the template that do not apply to your organisation (for example if you do not employ contractors), you should also remember to update the table of contents to ensure it corresponds to the body of the document.

Coloured text within the templateText provided in the guide and template is displayed in various colours.

Black text does not need to be amended (unless it is inconsistent with your organisation’s pro-cesses).

Purple text is used to indicate where text appropriate to your organisation should be inserted. For example:

Audits will be scheduled as follows: [insert derails of how audits are scheduled]

Purple text should be amended to reflect your operation, and changed to black on completion.

Red text is used for remarks or notes designed to assist in drafting your TSP, for example insert your procedures here. Red text should be deleted before submitting your TSP.

Template annexes, attachments and accompanying documentsAnnexes and attachments in the template form part of the TSP. Any change to the information within them must go through the formal TSP assessment and approval process.

Accompanying documents in the template do not form part of the TSP, although they must be provided with the TSP. They can be updated as required without having to undergo a formal TSP assessment and approval process. However, a failure to promptly notify the Department of any changes to the information in an accompanying document may be an offence.

What should I do if I need to change the information in my TSP? It is an offence if you fail to comply with the measures and procedures set out in your TSP (including in the annexes and attachments). Accordingly, it is important that the information in your TSP continues to reflect your organisation’s operations, procedures and security measures. You should also pay particular attention to ensure your local risk context statement continues to accurately reflect your operating environment.

4 Guidance for airport operators preparing a TSP (September 2015)

If those operations, measures or procedures change, you must update your TSP and submit it for re-approval. Under the Act this can be done as either a revision (under which the revised program completely replaces your previous TSP) or an alteration (which is simply an amendment to your existing program).

TSP ‘alterations’ (section 23A of the Act)A minor change to a TSP should be addressed via an alteration. A minor change is generally one which does not affect your local security risk context, or change the aviation security outcomes at your operation. An alteration to a TSP does not affect the period that the TSP is in force.

TSP ‘revisions’ (section 22 of the Act)A revised TSP is effectively a new TSP. Once approved it replaces your existing one. It may therefore be approved for a period of up to five years.

TSP revisions are most commonly required when scheduled in the TSP, the existing TSP is due to expire and needs to be replaced, or a change has occurred which will have a major impact on the TSP (such as a major infrastructure change, change to the nature of the RACA’s operations, or a change to the legal entity responsible for the TSP).

A TSP revision may also be required due to legislative changes, a change in the security risk context (local or national), or a direction by the Secretary of the Department.

Changes to information provided in relation to regulations 2.54(1) and 2.54(2) (Attachment C and Accompanying Document 1 of the TSP template)The Department must be notified in writing within seven (7) working days of any changes to the op-erational details provided under regulation 2.54(1) and 2.54(2) of the Regulations (Attachment C and Accompanying Document 1 in the TSP template). Updated information for the accompanying document can be sent to national.coordinator@infrastructure.gov.au. Changes to the attachment will require a TSP alteration or revision.

It is an offence if you fail to notify the Department of these changes within the requisite timeframes.

Changes to other documents accompanying the TSP If the information in any of the other accompanying documents changes, you should notify the Department as soon as possible. Updates to accompanying documents can be sent to national.coordinator@infrastructure.gov.au.

Getting your TSP approvedBefore you submit your TSP – whether for the first time, or to request approval of an alteration or revision – you should make sure it addresses all the relevant regulatory requirements, and is appropriately authorised.

Submitting your TSPA request for approval must be made in writing. A TSP can be submitted to the Department as an electronic or hard copy version. It can be emailed to national.coordinator@infrastructure.gov.au or posted to:

National CoordinatorGPO Box 1966

Guidance for regulated air cargo agents preparing a TSP (September 2015) 5

Canberra ACT 2601

Please ensure that TSPs are submitted in Microsoft Word or PDF format, and that any password protection has been removed. The TSP should be accompanied by a letter or an email from an authorised officer within your organisation requesting approval. A letter or email accompanying an altered TSP must also set out the changes made.

Decision timeframesUnder the Act, the Secretary of the Department (or the Secretary’s delegate) has a 60 day consideration period in which to make a decision to approve or refuse a TSP. If a decision to approve the TSP is not made within 60 days, the TSP is deemed to have been refused.

The Secretary may request further information relating to the TSP. If that happens, then the 60 day consideration period is put on hold until the information is provided (up to a maximum of 45 days).

Note: You need to make sure you have an approved TSP in place by the time your current one expires. To allow for the Secretary’s consideration period, you should submit your new TSP at least 60 days in advance of your existing TSPs expiration.It is an offence for a RACA to operate without an approved TSP.

For further informationMore information and guidance on Australia’s aviation security regime is located on the Department’s website, www.infrastructure.gov.au, including links to the Act and Regulations.

If you require additional information to support the development of your TSP, please contact your local Office of Transport Security office:

Sydney (NSW/ACT) Tel.: 02 8344 3105 Fax: 02 8344 3122

Melbourne (VIC/TAS)

Tel.: 03 8608 3300Fax: 03 8608 3320

Brisbane (QLD) Tel.: 07 3838 9987Fax: 07 3838 9991

Adelaide (SA/NT)Tel.: 08 8110 2224 Fax: 08 8110 2249

Perth (WA) Tel.: 08 9225 1460 Fax: 08 9225 1439

Darwin (NT)Tel.: 08 8923 1208Fax: 08 8923 1280