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SLI 2015 No. 124 Regulations as made
This regulation amends the Aviation Transport Security Regulations 2005 to give additional powers to eligible customs officers to direct persons who are in specified security zones or secure areas of a security controlled airport to show a valid aviation security identification card (ASIC), a valid visitor identification card or a valid or temporary aircrew card, and issue infringement notices in respect to failure to properly display a valid ASIC.
Administered by: Infrastructure and Regional Development
Registered 28 Jul 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015
Date of repeal 30 Jul 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Aviation Transport Security Amendment (2015 Measures No. 2) Regulation 2015

 

Select Legislative Instrument No. 124, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 23 July 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Warren Truss

Minister for Infrastructure and Regional Development

 

  

  


Contents

1............ Name................................................................................................... 1

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

3............ Authority............................................................................................. 1

4............ Schedules............................................................................................ 1

Schedule 1—Amendments                                                                                                2

Aviation Transport Security Regulations 2005                                                     2

 


1  Name

                   This is the Aviation Transport Security Amendment (2015 Measures No. 2) Regulation 2015.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

29 July 2015

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Aviation Transport Security Act 2004.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Aviation Transport Security Regulations 2005

1  Regulation 5.09

Omit all the words after “with the Act”, substitute “and these Regulations (in particular, the powers of an eligible customs officer under Division 3A of Part 5 of the Act and Parts 6 and 7 of these Regulations)”.

2  Regulation 6.52 (at the end of the definition of security officer)

Add:

               ; or (d)  an eligible customs officer.

3  Subregulation 7.01(1)

Repeal the subregulation, substitute:

             (1)  For section 117 of the Act, this Part sets up an infringement notice scheme in relation to alleged offences against the Act and these Regulations as an alternative to prosecution.

4  Regulation 7.02 (at the end of the definition of authorised person)

Add:

               ; or (d)  an eligible customs officer.

5  Regulation 7.03

Repeal the regulation, substitute:

7.03  Penalty payable under infringement notice

The penalty payable under an infringement notice issued under this Part for an alleged offence against the Act or these Regulations is one‑fifth of the maximum penalty that a court could impose for the offence.

6  Subregulations 7.04(1) and (2)

Repeal the subregulations, substitute:

             (1)  If an authorised person (other than an eligible customs officer) believes on reasonable grounds that a person has committed an offence of strict liability against the Act or these Regulations, the authorised person may, subject to subregulation (2), issue to the person an infringement notice for the alleged offence.

             (2)  The authorised person must not issue an infringement notice for an alleged offence against subsection 13(1), 46(1), 47(1), 48(1), 54(1), 55(1) or 56(1) of the Act.

             (3)  If an authorised person who is an eligible customs officer believes on reasonable grounds that a person has committed an offence against subregulation 3.03(1), 3.07(3), 3.07(3A) or 3.12(1), the authorised person may issue to the person an infringement notice for the alleged offence.

7  Subparagraph 7.05(1)(b)(ii)

Omit “or an aviation security inspector”, substitute “, aviation security inspector or eligible customs officer”.

8  Paragraph 7.05(1)(i)

Omit “greatest”, substitute “maximum”.

9  Amendments of listed provisions

 

Further amendments

Item

Provision

Omit

Substitute

1

Paragraph 7.01(2)(a)

offence

alleged offence

2

Paragraph 7.01(2)(b)

an offence

an alleged offence

3

Paragraph 7.01(2)(c)

offence

alleged offence

4

Paragraph 7.01(2)(d)

an offence

an alleged offence

5

Paragraph 7.05(1)(e)

offence (wherever occurring)

alleged offence

6

Subparagraph 7.05(1)(e)(iii)

contravened

that was allegedly contravened

7

Paragraph 7.05(1)(f)

offence

alleged offence

8

Paragraph 7.05(1)(h)

offence (wherever occurring)

alleged offence

9

Paragraph 7.05(1)(i)

offence

alleged offence

10

Subregulation 7.09(1)

offence (wherever occurring)

alleged offence

11

Subregulation 7.09(2)

same offence

same alleged offence

12

Paragraph 7.10(4)(b)

offence

alleged offence

13

Paragraph 7.10(4)(c)

offence (wherever occurring)

alleged offence

14

Subregulation 7.11(2)

an offence

an alleged offence

15

Paragraph 7.11(2)(c)

offence (first occurring)

alleged offence