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Other as amended, taking into account amendments up to Aviation Transport Security (Prohibited Items) Amendment (Handcuffs) Instrument 2015
Administered by: Home Affairs
Registered 14 Jul 2015
Start Date 27 Jun 2015
Table of contents.

Aviation Transport Security (Prohibited Items) Instrument 2012

made under section 9A of the

Aviation Transport Security Act 2004

Compilation No. 1

Compilation date:                              27 June 2015

Includes amendments up to:            F2015L00950

Registered:                                         14 July 2015

 

About this compilation

This compilation

This is a compilation of the Aviation Transport Security (Prohibited Items) Instrument 2012 that shows the text of the law as amended and in force on 27 June 2015 (the compilation date).

This compilation was prepared on 14 July 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of instrument....................................................................................................... 1

2............ Commencement............................................................................................................. 1

3............ Definitions..................................................................................................................... 1

4............ Prohibited items............................................................................................................. 1

5............ Application of other laws.............................................................................................. 3

6............ Items that are not prohibited items................................................................................. 3

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

 


1  Name of instrument

                   This instrument is the Aviation Transport Security (Prohibited Items) Instrument 2012.

2  Commencement

                   This instrument commences on the day after it is registered.

3  Definitions

                   In this instrument:

Act means the Aviation Transport Security Act 2004.

Regulations means the Aviation Transport Security Regulations 2005.

4  Prohibited items

             (1)  An item mentioned in the following table is specified for the purposes of paragraph (b) of the definition of prohibited item in section 9 of the Act.

 

Item

Description

1

Sporting goods, kitchen utensils, tools, and other items with sharp edges or points capable of injuring a person

Examples

Axes, hatchets and similar items

Box cutters

Crampons

Darts

Drills

Ice axes and ice picks

Ice skates

Knives, including leatherworking knives

Meat cleavers

Metal cutlery

Open razors (also called straight razors)

Rock climbing equipment such as pitons, hooks, hammers and bolts

Saws

Scalpels

Screwdrivers, crowbars, hammers, pliers and wrenches

Ski poles

Utility knives

Note:       Some items of this kind are excluded under subsections 6(1), (2) and (6).

2

Sharp items that are not weapons but are capable (with or without modification) of causing harm by penetration

Examples

Letter‑openers

Bodkins

Pointed metal scissors, manicure scissors and scissors with blades more than 6 cm long

Razor blades

Hypodermic needles (whether or not attached to syringes)

Note:       Some items of this kind are excluded under subsections 6(1), (2) and (6).

3

Blunt items (other than walking sticks, crutches, or other mobility aids, or dressing sticks designed to assist a person to dress or undress) that are able to be used to bludgeon or threaten to bludgeon a person

Examples

Baseball, softball, and cricket bats and any similar item used in sport

Hockey and lacrosse sticks and any similar item used in sport

Billiard, pool or snooker cues

Golf clubs

Any other piece of wood, metal or any other substance big enough to threaten a person with

Note:       Some items of this kind are excluded under subsection 6(6).

4

Household flammable goods

Examples

Aerosol containers, including cans of spray paint

Petrol and any other flammable liquid

Fireworks

Toy caps

Note:       Some items of this kind are excluded under subsections 6(3) and (6).

5

Items capable of being used to restrain a person that are not authorised under a provision of the Act, the regulations or this instrument

Examples

Cable ties

Handcuffs

Note:       Some items of this kind are excluded under subsection 6(6).

6

A knife or knife‑like item (whether or not made of metal) strong enough to be used as a weapon

Note:       Some items of this kind are excluded under subsections 6(1), (2) and (6).

             (2)  An item that is a replica or imitation of an item in the table is also specified.

Note 1:       Examples of items that are set out in the table are not exhaustive: see section 15AD of the Acts Interpretation Act 1901.

Note 2:       An item that is a prohibited item under this instrument and a weapon under regulation 1.09 of the regulations is a weapon for the purposes of the regulations: see subregulation 1.09(5).

5  Application of other laws

                   To avoid doubt, nothing in this instrument implies that an item not mentioned in the table in section 4 is permitted to be carried by air if its carriage would be prohibited by another law.

Note:          See in particular section 23 of the Civil Aviation Act 1988 and Part 92 of the Civil Aviation Safety Regulations 1998 in relation to the carriage of dangerous goods.

6  Items that are not prohibited items

Household and personal items

             (1)  The following items are not prohibited items:

                     (a)  a plastic cutlery knife;

                     (b)  a fork with square‑ended or round‑ended tines and a handle that is round‑ended and non‑detachable;

                     (c)  blunt‑ended or round‑ended scissors with blades less than 6 cm long;

                     (d)  a safety razor;

                     (e)  a hypodermic needle carried by a person who shows proof that it is medically necessary for the person’s use or the use of another person under the person’s care.

Metal cutlery knife

             (2)  A metal cutlery knife is not a prohibited item if the knife is round‑ended with no sharp points and:

                     (a)  it is in the possession of a person on an aircraft for use on that aircraft; or

                     (b)  it is in the possession of a person in a landside security zone for use in that zone; or

                     (c)  it is in the possession of a person in an airside security zone and either:

                              (i)  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

                             (ii)  is for use by persons on an aircraft; or

                     (d)  it is in a person’s possession when the person passes through a screening point and either:

                              (i)  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

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

Flammable goods

             (3)  The following items are not prohibited items if they do not exceed the limits mentioned in subsection (4):

                     (a)  alcohol (including alcoholic beverages);

                     (b)  perfume;

                     (c)  matches and lighters;

                     (d)  lighter fluid;

                     (e)  an aerosol container for personal (including cosmetic) use or a medical application (such as an asthma inhaler).

Note:          The carriage of some of these items may be regulated as dangerous goods: see section 23 of the Civil Aviation Act 1988 and Part 92 of the Civil Aviation Safety Regulations 1998.

             (4)  The limits for the items mentioned in subsection (3) are as follows:

                     (a)  the total volume of all liquid items must not exceed 5 litres;

                     (b)  the volume of liquid items, other than alcohol or perfume, must not exceed 2 litres;

                     (c)  the total mass of all non‑liquid items must not be greater than 2 kilograms.

Aircraft stores etc

             (6)  An item that is part of an aircraft’s stores or emergency equipment, or of an airline operator’s or airport operator’s emergency equipment, is not a prohibited item if it is not readily accessible to passengers or the public.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Aviation Transport Security (Prohibited Items) Instrument 2012

2 May 2012 (F2012L00979)

3 May 2012 (s 2)

 

Aviation Transport Security (Prohibited Items) Amendment (Handcuffs) Instrument 2015

26 June 2015 (F2015L00950)

27 June 2015 (s 2(1)
item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 4.........................................

am F2015L00950

s 6......................................... .............................................

am F2015L00950