Federal Register of Legislation - Australian Government

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SLI 2005 No. 320 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 16 Dec 2005
Tabling HistoryDate
Tabled HR07-Feb-2006
Tabled Senate07-Feb-2006
Date of repeal 19 Mar 2014
Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014
Table of contents.

Aviation Transport Security Amendment Regulations 2005 (No. 5)1

Select Legislative Instrument 2005 No. 320

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aviation Transport Security Act 2004.

Dated 15 December 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

WARREN TRUSS


1              Name of Regulations

                These Regulations are the Aviation Transport Security Amendment Regulations 2005 (No. 5).

2              Commencement

                These Regulations commence as follows:

                 (a)     on 1 January 2006 — regulations 1 to 3 and Schedule 1;

                (b)     on 6 March 2006 — Schedule 2.

3              Amendment of Aviation Transport Security Regulations 2005

                Schedules 1 and 2 amend the Aviation Transport Security Regulations 2005.


Schedule 1        Amendments commencing on 1 January 2006

(regulation 3)

  

[1]           Regulation 6.01, after definition of conviction

insert

Hague Convention means the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, done at the Hague on 5 October 1961.

[2]           Regulation 6.01, after definition of holder

imprisonment includes periodic detention, home-based detention and detention until the rising of a court, but does not include an obligation to perform community service.

[3]           Regulation 6.05

substitute

6.05        Authentication of certain foreign documents

                If a person presents to an issuing body, as an identification document, a document that:

                (a)    is a public document for the purposes of the Hague Convention; and

               (b)    was issued in a country (other than Australia) that is a Contracting State to that Convention;

the issuing body may require the person to have the document authenticated in accordance with that Convention.

Note   The authentication procedure involves the endorsement on, or attachment to, the document of a certificate in a standard form. Details of the procedure and any fee payable should be available from the embassy of the country in which the document was issued.

[4]           Subregulation 6.28 (4)

substitute

         (4)   In the case of a person who holds a security designated authorisation that is less than 2 years old, the issuing body may issue the ASIC to him or her despite paragraphs (1) (a), (b) and (c) if he or she meets the criteria in paragraphs (1) (d), (e) and (f).

Note   The ASIC remains valid for only 2 years after completion of the relevant background check — see subregulation 6.32 (2).

[5]           Subregulation 6.32 (2)

omit

longer than

insert

later than

[6]           Regulation 6.55

substitute

6.55        Exercise of privileges of flight crew licences etc

         (1)   A person who holds a security designated authorisation must not perform a duty that is essential to the operation of an aircraft while the aircraft is in Australian territory if the Secretary:

                (a)    has determined that the person has an adverse aviation security status; and

               (b)    has given a copy of the determination to the person.

Penalty:   20 penalty units.

Note   A pilot licence, a flight engineer licence and a special pilot licence are security designated authorisations — see regulation 1.08 and the Act, section 74G.

         (2)   Subject to subregulation (4), a person who is over 18, and holds a security designated authorisation, must not perform a duty that is essential to the operation of an aircraft while the aircraft is in Australian territory unless:

                (a)    his or her aviation security status check is current; or

               (b)    he or she has requested an aviation security status check.

Penalty:   20 penalty units.

         (3)   For paragraph (2) (a), a person’s aviation security status check is current at a particular time if:

                (a)    it was carried out no more than 5 years before that time; or

               (b)    he or she has requested that a new check be carried out; or

                (c)    within the previous 2 years, he or she underwent a background check for the issue of an ASIC.

         (4)   If a security designated authorisation is issued to a person who is under 18, subregulation (2) does not have effect in relation to him or her until 3 months after his or her 18th birthday.

Schedule 2        Amendments commencing on 6 March 2006

(regulation 3)

  

[1]           Subregulation 6.28 (2A)

substitute

      (2A)   For paragraph (1) (d), a person has an adverse criminal record if:

                (a)    he or she has been convicted of an aviation-security-relevant offence and sentenced to imprisonment; or

               (b)    in the case of a person who has been convicted twice or more of an aviation-security-relevant offence or offences, but no sentence of imprisonment was imposed — 1 of those convictions occurred within the previous 12 months.

[2]           After subregulation 6.28 (6)

insert

         (7)   If:

                (a)    an applicant for an ASIC has been convicted twice or more of aviation-security-relevant offences; and

               (b)    no sentence of imprisonment was imposed for any of those convictions; and

                (c)    none of those convictions occurred within the 12 months ending when the relevant background check was carried out;

any ASIC issued to him or her is to be subject to the condition that he or she must have a further background check carried out within 12 months.

[3]           Subregulation 6.32 (2)

omit

subregulation (3),

insert

subregulations (3) and (4),

[4]           After subregulation 6.32 (3)

insert

         (4)   In the case of an ASIC issued to a person to whom subregulation 6.28 (7) applies, the expiry must not be later than 12 months after the completion of the relevant background checks.

[5]           Paragraphs 6.43 (2) (d) and (e)

substitute

               (d)    the issuing body finds out that the holder has been convicted of:

                          (i)    an offence against Part 2 of the Crimes (Aviation) Act 1991; or

                         (ii)    any other aviation-security-relevant offence for which he or she was sentenced to a term of imprisonment; or

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.