Federal Register of Legislation - Australian Government

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SLI 2010 No. 201 Regulations as made
These Regulations amend the Aviation Transport Security Regulations 2005 to specify the training and qualification requirements for an Eligible Customs Officer.
Administered by: Infrastructure and Transport
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 5
Registered 12 Jul 2010
Tabling HistoryDate
Tabled HR28-Sep-2010
Tabled Senate28-Sep-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Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014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 2010 (No. 4)1

Select Legislative Instrument 2010 No. 201

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 8 July 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE


1              Name of Regulations

                These Regulations are the Aviation Transport Security Amendment Regulations 2010 (No. 4).

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]           Regulation 5.03

substitute

5.03        Training and qualifications of airport security guards

         (1)   For paragraph 91 (2) (a) of the Act, the training and qualification requirements for an airport security guard are:

                (a)    that he or she:

                          (i)    holds at least a Certificate II in Security Operations; or

                         (ii)    holds another qualification that, in the Secretary’s opinion, is equivalent to a Certificate II in Security Operations; and

               (b)    that he or she is licensed as a security guard in the State or Territory in which the airport is located, if required by State or Territory legislation; and

                (c)    that he or she has completed training, approved by the Secretary, that is designed to ensure familiarity with the Act (in particular, the power of an airport security guard under section 92) and these Regulations.

         (2)   For paragraph 91 (2) (a) of the Act, an additional training requirement for an airport security guard employed at an airport from which screened air services do not operate is that he or she has completed training, approved by the Secretary, that is designed to ensure competency in the use of a hand‑held metal detector.

         (3)   The operator of a security controlled airport from which screened air services do not operate must ensure that the operator has access to the services of at least 1 airport security guard who meets:

                (a)    the training and qualification requirements mentioned in subregulation (1); and

               (b)    the training requirement mentioned in subregulation (2).

Penalty:   20 penalty units.

Note   The use of hand-held metal detectors at a security controlled airport from which a screened air service does not operate is regulated — see regulation 4.07.

         (4)   Subregulation (3) does not apply to operators of security controlled airports from which regular public transport operations do not operate.

[2]           Regulation 5.04

omit

An

insert

For paragraph 91 (2) (b) of the Act, an

[3]           Regulation 5.05

omit

An

insert

For paragraph 91 (3) (a) of the Act, an

[4]           Regulation 5.06

substitute

5.06        Training and qualifications of screening officers

                For paragraph 94 (2) (a) of the Act, the training and qualification requirements for a screening officer are:

                (a)    that he or she:

                          (i)    holds at least a Certificate II in Security Operations; or

                         (ii)    holds another qualification that, in the Secretary’s opinion, is equivalent to a Certificate II in Security Operations; and

               (b)    that he or she is licensed as a security guard in the State or Territory in which the airport is located, if required by State or Territory legislation; and

                (c)    that, until a supervisor is satisfied that he or she is competent as a screening officer, while on duty as a screening officer:

                          (i)    he or she is supervised by a qualified screener; and

                         (ii)    he or she does not make any independent screening decisions; and

               (d)    that he or she has completed training, approved by the Secretary, that is designed to ensure competency in:

                          (i)    maintaining the integrity of a sterile area; and

                         (ii)    using screening equipment; and

                         (iii)    the methods and techniques to be used for screening persons, baggage and other goods; and

                        (iv)    dealing with weapons and prohibited items that are detected or surrendered; and

                (e)    that he or she has completed training approved by the Secretary, that is designed to ensure familiarity with the Act (in particular, the power of a screening officer under Division 5 of Part 5) and these Regulations.

[5]           Regulation 5.07

omit

A

insert

For paragraph 94 (2) (b) of the Act, a

[6]           Regulation 5.08

omit

A

insert

For paragraph 94 (3) (a) of the Act, a

[7]           After Division 5.3

insert

Division 5.4           Eligible customs officers

5.09        Training of eligible customs officers

                For paragraph 89B (1) (c) of the Act, the training requirement for an eligible customs officer is completion by the officer of training approved by the Secretary that is designed to ensure familiarity with the Act (in particular, the powers of an eligible customs officer under Division 3A of Part 5) and these Regulations.

5.10        Identity cards for eligible customs officers

                For paragraph 89B (2) (a) of the Act, an eligible customs officer must hold, and while on duty must at all times properly display, a valid ASIC.

5.11        Uniforms of eligible customs officers

                For paragraph 89B (2) (b) of the Act, an eligible customs officer must wear a distinctive and recognisable uniform.


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.