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INSPECTOR OF TRANSPORT SECURITY ACT 2006 - SECT 23

Geographical reach of inquiry

Transport security matters

  (1)   The Minister must not direct the Inspector to inquire into a transport security matter unless:

  (a)   the matter occurs in Australia; or

  (b)   the matter involves an Australian aircraft or an Australian ship; or

  (c)   action facilitating the occurrence of the matter has, or may have, taken place in Australia; or

  (d)   action facilitating the occurrence of the matter has, or may have, been carried out by an Australian citizen, an Australian permanent resident, or a person who, at the time the direction is given, is in Australia; or

  (e)   the Minister believes, on reasonable grounds, that the matter has, or may have, implications for the management of the security of transport in Australia; or

  (f)   the matter relates to security arrangements in a place within a foreign country from which transport vehicles depart, and the Minister believes, on reasonable grounds, that those vehicles pose or may pose particular security risks when they enter Australia, Australian waters, or the airspace above Australia.

Offshore security matters

  (2)   The Minister may direct the Inspector to inquire into an offshore security matter, whether or not the security regulated offshore facility or facilities to which the matter relates are in Australia.

  (3)   However, the Minister must not direct the Inspector to inquire into an aspect of an offshore security matter that occurs in a foreign country unless:

  (a)   the matter involves an Australian aircraft or an Australian ship; or

  (b)   action facilitating the occurrence of the matter has, or may have, been carried out by an Australian citizen, an Australian permanent resident, or a person who, at the time the direction is given, is in Australia; or

  (c)   the Minister believes, on reasonable grounds, that the matter has, or may have, implications for the management of the security of security regulated offshore facilities, or the security of transport, in Australia.



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