Transport Security Act: An Analysis of its Provisions

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Civil Law

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Introduction
In December 2018, the constitutional lawyer of Canberra, who is the legal advisor of the
Australian government, is requested to conduct a meeting as soon as possible with the newly
recruited minister for the administrative security, known as Antigone MacAdder of Queensland.
He was the administrator of the transport security department (TSD) as created in the latest
planning of the budget of that year. The creation of this department was new and it was subjected
to various forms of criticisms from the media and other backgrounds1. After a meeting with
Senator MacAdder at the Parliament house, the lawyer is informed that the people who visit
Australia face various and grave issues like terrorist assaults, delayed flights, poor security
services and losing of luggage. Senator MacAdder is specifically tensed about the reports from
the police and the security services. There are also concerns regarding the passports,
identification of the documents by the government of Australia. The relationship with the foreign
governments also is under consideration. The senator commits to the constitutional lawyer that,
“the government’s first duty is to protect the people!” and wants to undertake immediate steps to
adhere to the same. The constitutional lawyer is requested to go through the functioning of the
proposed Transport Security Act. As per the opinion of Senator MacAdder, the proposed act
would be very advantageous for the holiday makers who intend to spend their vacations in
Australia and would be protected from the ill effects of the terrorist assaults2. The senator
claimed that only the most loyal and the trusted people should be recruited under this sector.
There would be complete supervision and monitoring upon the workers engaged in such purpose.
Certain provisions of the act are mentioned in the facts of the case section. They are later
depicted in the section of the provisions of law involved in the case. The senator is very
confident for the rules and regulations of the bill and is assured that such a bill would be
1Benno Engels and Gang-Jun Liu. "Social exclusion, location and transport disadvantage
amongst non-driving seniors in a Melbourne municipality, Australia." Journal of Transport
Geography, 19(4), 2011, 984-996.
2Alexa Delbosc and Graham Currie. "Modelling the causes and impacts of personal safety
perceptions on public transport ridership." Transport Policy, 24, 2012, 302-309.

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converted into a valid law3. The senator has had plenty of conversations and meetings regarding
this bill with the Attorney General, Mr. Jebediah O’ Cafelatte QC MP. The attorney general
opined that such a bill possessed no seriousness and it would be a laughing stalk in the procedure
of law. The senator was treated with contempt by the attorney general and thus required legal
advice from the constitutional lawyer with regard to the provisions of the TSD bill.
Upon an examination of the provisions of the transport security act, it can be stated that such was
divided into five parts4. A close perusal of the act includes the following information:
Part 1: Transport Security Protection Board
The first part lays stress upon the establishment of a Transport Security Protection Board which
would propagate in the secured travelling and transmission of persons and goods by the
Australian travelers. The establishment of the board needs the deposition of a security fee of
$100,000 from all the owners of the aircrafts, pilots and the fright companies which are situated
in Sydney, Brisbane, Perth, Darwin and Melbourne5. The board would pay from the passenger
carrying airlines a sum of $50,000 as a Transport Security Bonus upon application to the people
aggrieved as damages in compliance with rules and regulations of the latest act. The board would
be empowered to initiate both civil and criminal suits against the travel firms for the causing of
any kind of misconduct, contempt or any offence in relation to the above mentioned facts6.
3 Benno Engels and Gang-Jun Liu. "Social exclusion, location and transport disadvantage
amongst non-driving seniors in a Melbourne municipality, Australia." Journal of Transport
Geography, 19(4), 2011, 984-996.
4ChrisKoniditsiotis, Jerker Sjögren, and StenWandel. "HIGH CAPACITY TRANSPORTS
(HCT) IN SWEDEN AND AUSTRALIA–EXPERIENCES AND ROAD MAP TO THE
FUTURE." Proc. 12th International Symposium on Heavy Vehicle Transportation Technology,
Stockholm Sweden, 2012.
5JonathanLiberman. "Plainly constitutional: the upholding of plain tobacco packaging by the
High Court of Australia." American Journal of Law & Medicine. 39(2-3), 2013, 361-381.
6David RBoyd. The environmental rights revolution: a global study of constitutions, human
rights, and the environment. London: UBC Press, 2011.