Federal Register of Legislation - Australian Government

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SLI 2008 No. 58 Regulations as made
These Regulations extend checked baggage screening to all air services on which passengers and their carry on baggage are screened.
Administered by: Infrastructure and Transport
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 5
Registered 14 Apr 2008
Tabling HistoryDate
Tabled HR13-May-2008
Tabled Senate13-May-2008
Date of repeal 19 Mar 2014
Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014

Aviation Transport Security Amendment Regulations 2008 (No. 1)1

Select Legislative Instrument 2008 No. 58

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 10 April 2008



By His Excellency’s Command


1              Name of Regulations

                These Regulations are the Aviation Transport Security Amendment Regulations 2008 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Aviation Transport Security Regulations 2005

                Schedule 1 amends the Aviation Transport Security Regulations 2005.

Schedule 1        Amendments

(regulation 3)


[1]           Subregulation 4.19 (1), after the penalty


Note   For requirements for the control and supervision of baggage that is screened and cleared before it is checked in, see regulation 4.24.

[2]           Regulations 4.23 and 4.24


4.23        Offence — aircraft operator loading checked baggage that has not been cleared

                For paragraph 44 (2) (f) and subsection 44 (4) of the Act, an aircraft operator commits an offence if:

                (a)    the aircraft operator conducts a screened air service; and

               (b)    the operator loads an item of checked baggage onto an aircraft that is being used for the air service; and

                (c)    the operator knows the item has not been cleared.

Penalty:   50 penalty units.

4.24        Offence — failure of screening authority to supervise or control

         (1)   For paragraph 44 (2) (l) and subsection 44 (4) of the Act, a screening authority at a security controlled airport, or part of the airport, commits an offence if:

                (a)    a screened air service operates from the airport or part of the airport, as the case may be; and

               (b)    the screening authority:

                          (i)    carries out screening and clearing of baggage for the air service at the airport or part of the airport; and

                         (ii)    is required to carry out screening of the baggage in accordance with the specifications of a binding screening notice; and

                (c)    baggage belonging to passengers of the air service must be cleared before it is checked in; and

               (d)    the screening authority does not have appropriate procedures in place to ensure that an item cannot be placed in or on any cleared baggage during the supervision or control period.

Penalty:   50 penalty units.

         (2)   In this regulation:

binding screening notice, in relation to a screening authority, means a notice:

                (a)    given under regulation 4.17 (1); and

               (b)    binding on the authority.

Note   Subregulation 4.17 (3) sets out the requirement for a binding notice.

supervision or control period means the period that starts when baggage is cleared and ends when baggage is checked in.

[3]           Regulations 4.29 to 4.35



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