Hi, my name is Richard Farmer, Assistant Secretary of the Regulatory Compliance Branch. My branch plays a critical role within the Cyber and Infrastructure Security Centre by regulating one of the 11 Critical sectors of our economy, being Transport, specifically aviation and maritime transport security.
Our compliance posture is underpinned by the Centre’s Compliance and Enforcement Strategy. This strategy outlines the Centre’s regulatory approach and seeks to work in partnership with industry, to ensure the regulated entities understand and manage their own risk.
The Centre’s vision for regulated entities is one of voluntary compliance from owners and operators, with the Centre as an industry resource, where Industry and government work cooperatively together to ensure security risks are effectively managed.
Our regulatory principles, set by the strategy, guide us in carrying out our regulatory activities to ensure security outcomes are achieved, exercising our regulatory powers and rules, while also engaging with industry stakeholders, participants and regulated entities.
The following five principles guide us in our activities:
- Taking a risk-based approach to compliance and enforcement, focusing our attention and resources on areas of highest risk,
- promoting voluntary compliance where possible, adopting a consultative, educational and guidance approach
- being accountable, fair and transparent
- acting consistently in our decision making
- acting proportionately on all entities when exercising enforcement powers.
At all times the Centre takes into account the:
- security implications of the non-compliance
- the seriousness of the non-compliance
- the compliance history and regulatory posture of the entity
- the need for deterrence
- the facts of the matter at hand
- the impact on Australia’s reputation or Australian interests overseas.
The Centre recognises that both educative and enforcement mechanisms are necessary to provide an effective and flexible regulatory system.
The Centre therefore has a range of regulatory options that are available to address non-compliance which includes:
- education and engagement
- non-compliance and observation notices
- corrective action plans
- infringement notices
- directions
- enforceable undertakings
- enforcement orders
- suspension or revocation of authorisations
- prosecution
The Centre will assess any reported or detected breach of legislation, and adopt the approach most likely to promote the legislation’s objectives, including encouraging voluntary compliance or taking enforcement action where appropriate.
The Centre is committed to ensuring that regulation is as effective and efficient as possible and will continually review its activities based on the results and impact on industry, developing new activities or amend existing ones, as the risk environment evolves over time.
I look forward to working with you in improving Australia’s security and prosperity.
