Federal Register of Legislation - Australian Government

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SLI 2009 No. 394 Regulations as made
These Regulations amend the Aviation Transport Security Regulations 2005 to remove certain items from the prohibited items list.
Administered by: Infrastructure and Transport
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 5
Registered 24 Dec 2009
Tabling HistoryDate
Tabled HR02-Feb-2010
Tabled Senate02-Feb-2010
Date of repeal 19 Mar 2014
Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014

Aviation Transport Security Amendment Regulations 2009 (No. 6)1

Select Legislative Instrument 2009 No. 394

I, QUENTIN BRYCE, 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 22 December 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE


1              Name of Regulations

                These Regulations are the Aviation Transport Security Amendment Regulations 2009 (No. 6).

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]           Table 1.07, item 1

omit

Umbrellas with metal points

[2]           Table 1.07, item 2

omit

Knitting and crochet needles

[3]           Table 1.07, item 2

omit

Pointed metal nail files

Corkscrews

[4]           Table 1.07, item 3

omit

Racquets used in squash, tennis, badminton or any other sport

[5]           Subregulations 1.07 (5) and (6)

substitute

         (5)   Despite subregulation (1) and item 1 of the table:

                (a)    a safety razor is not a prohibited item; and

               (b)    metal cutlery is not a prohibited item if the cutlery has rounded ends, has no sharp points and is provided:

                          (i)    in a landside security zone for use by persons in the landside security zone; or

                         (ii)    on an aircraft for use by persons on the aircraft.

         (6)   Despite subregulation (1) and item 1 of the table, a hypodermic needle is taken not to be a prohibited item if the person carrying it shows proof that it is medically necessary for the use of the person or another person who is in the person’s care.

[6]           Subregulation 1.07 (13)

substitute

       (13)   To avoid doubt, a plastic cutlery knife is not a prohibited item.

[7]           After subregulation 1.07 (14)

insert

       (15)   For subparagraphs 54 (1) (c) (iii) and (3) (c) (iii) of the Act, a person is authorised to have metal cutlery that has rounded ends and no sharp points in his or her possession in the airside security zone if:

                (a)    the cutlery is to be used in the course of, or for the purposes of, carrying on a business requiring the use of cutlery in a landside security zone; or

               (b)    the cutlery is for use by persons on an aircraft.

       (16)   For subparagraphs 55 (1) (c) (ii) and (3) (c) (ii) of the Act, a person is authorised to pass through a screening point with metal cutlery that has rounded ends and no sharp points if:

                (a)    the cutlery is to be used in the course of, or for the purposes of, carrying on a business requiring the use of cutlery in a landside security zone; or

               (b)    the cutlery is for use by persons on an aircraft in accordance with an arrangement with the aircraft operator for the supply of cutlery.


Note

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.