Federal Register of Legislation - Australian Government

Primary content

SLI 2005 No. 223 Regulations as made
These Regulations amend the Aviation Transport Security Regulations 2005.
Administered by: DOTARS
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 5
Registered 10 Oct 2005
Tabling HistoryDate
Tabled HR11-Oct-2005
Tabled Senate12-Oct-2005
Date of repeal 19 Mar 2014
Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014

Aviation Transport Security Amendment Regulations 2005 (No. 3)

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 223

 

Issued by Authority of the Minister for Transport and Regional Services

Subject: Aviation Transport Security Act 2004  

             Aviation Transport Security Amendment Regulations 2005 (No. 3)

The Aviation Transport Security Act 2004 (the Act) regulates certain parts of the aviation industry with the object of enhancing security for aircraft operators and therefore, for travellers.  Subsection 133(1) of the Act provides that the Governor-General may make regulations, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Aviation Transport Security Regulations 2005 (the Principal Regulations) prescribe matters necessary or convenient for carrying out or giving effect to the Act. 

 

The purpose of the amendment Regulations is to amend the Principal Regulations to clarify two omissions. 

 

The first drafting change would allow for the authorised consignment of explosives or explosive devices.  Paragraph 2.61 (b) provides that it is illegal to consign as cargo, an explosive or explosive device.  This item qualifies this prohibition by allowing that explosives may be consigned as cargo, if the consignment is authorised.   This action means that the consignment is done in accordance with requirements relating to dangerous goods under the Civil Aviation Act 1988

 

Section 23 of the Civil Aviation Act 1988 permits dangerous goods (defined as including explosive substances) to be carried on aircraft in accordance with permission and under conditions given under the power of the Civil Aviation Act 1988.  The amendment brings this regulation into line with the requirements in the Civil Aviation Act 1988.

 

The second drafting change would clarify that the rules on screening international transit passengers only apply to inbound flights.  The rules would not apply to outbound flights, as those flights have been subject to recognised security measures to an Australian standard.  The requirement to screen inbound passengers would be clarified so that it can only apply at the first stop in Australia and the heading to the regulation would also be amended. 

 

Details of the proposed Regulations are set out in the Attachment

 

The Act specifies no conditions that need to be satisfied before the power to make the  Regulations may be exercised.  The Regulations would be a legislative instrument for the purpose of the Legislative Instruments Act 2003.  The Regulations commenced on the day after they were registered in the Federal Register of Legislative Instruments. 

 

 

 

                                                                                                            ATTACHMENT

 

Details of the proposed Aviation Transport Security Amendment Regulations 2005 (No. 3)

Regulation 1 – Name of Regulations

This regulation provides that the title of the Regulations is the Aviation Transport Security Amendment Regulations 2005 (No. 3)

Regulation 2 – Commencement

This regulation provides for the Regulations to commence on the day after they are registered.

Regulation 3 – Amendment of the Aviation Transport Security Regulations 2005

This regulation provides that the Aviation Transport Security Regulations 2005 (“the Principal Regulations”) are amended as set out in the Schedule.

 

Schedule – Amendments

 

Item [1] – paragraph 2.61(b)

 

Paragraph 2.61 (b) provides that it is illegal to consign as cargo, an explosive or explosive device.  This item qualifies this prohibition by allowing that explosives may be consigned as cargo, if the consignment is authorised.   This action means that the consignment is done in accordance with requirements relating to dangerous goods under the Civil Aviation Act 1988

 

Section 23 of the Civil Aviation Act 1988 permits dangerous goods (defined as including explosive substances) to be carried on aircraft in accordance with permission and under conditions given under the power of the Civil Aviation Act 1988

 

The amendment brings this regulation into line with the requirements in the Civil Aviation Act 1988.

 

Item [2] – regulation 4.13, heading

 

This item amends the heading to the regulation.

 

Item [3] – Subregulation 4.13(1)

 

Regulation 4.13 sets out rules that apply to some international flights.  These rules were only intended to apply to inbound flights.  The amendment would clarify the regulation to say so. 

 

Item [4] – paragraph 4.13(1)(b)

 

As amended by Item [3] above, regulation 4.13 would set out rules that will apply to inbound international flights.  It is possible that some inbound flights may land at several Australian cities before concluding the flight.  For example, a flight may land in Cairns, Brisbane and conclude in Sydney.  There are requirements to screen passengers who remain on the flight at Cairns, but there is no need to screen those passengers again at Brisbane.  Thus this paragraph would be amended to show that inbound passengers need only be screened at the first Australian airport at which the flight lands.