Federal Register of Legislation - Australian Government

Primary content

Regulations as made
This instrument amends the Aviation Transport Security Regulations 2005 to introduce measures that will clarify and homogenise the requirements for handling, making arrangements for the transport of, or loading international and domestic cargo; provide for a single type of air cargo examination notice scheme for air cargo; introduce cargo examining aircraft operators as entities who handle, or load, cargo that must be examined prior to uploading onto specified types of aircraft; and make technical amendments to support these measures.
Administered by: Home Affairs
Registered 10 Mar 2020
Tabling HistoryDate
Tabled HR23-Mar-2020
Tabled Senate23-Mar-2020
To be repealed 02 Jul 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Aviation Transport Security Amendment (Domestic Cargo) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 05 March 2020

David Hurley

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Home Affairs

 

 

 

  

  


Contents

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

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

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

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

Schedule 1—Amendments commencing 1 July 2020                                                                  2

Aviation Transport Security Regulations 2005                                                                               2

Schedule 2—Amendments commencing 1 July 2021                                                                10

Aviation Transport Security Regulations 2005                                                                             10

 


1  Name

                   This instrument is the Aviation Transport Security Amendment (Domestic Cargo) Regulations 2020.

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.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

11 March 2020

2.  Schedule 1

1 July 2020.

1 July 2020

3.  Schedule 2

1 July 2021.

1 July 2021

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 commencing 1 July 2020

  

Aviation Transport Security Regulations 2005

1  Regulation 1.03

Insert:

cargo examining aircraft operator means an aircraft operator of a prescribed air service whose TSP has been approved by the Secretary and sets out procedures for receiving, processing and clearing cargo.

2  Regulation 1.03 (definitions of category 1 destination, category 2 destination and class of regulated business)

Repeal the definitions.

3  Regulation 1.03

Insert:

closed charter operation means a charter operation of the kind described in paragraph (a) or (c) of the definition of charter operation.

examination notice has the meaning given by subregulation 4.41J(2).

4  Regulation 1.03 (paragraphs (c) and (d) of the definition of international cargo)

Repeal the paragraphs, substitute:

                     (c)  either:

                              (i)  remains on board the aircraft; or

                             (ii)  is transferred to another aircraft operating an outbound international air service.

5  Regulation 1.03

Insert:

loading person has the meaning given by subregulation 4.41G(3).

6  Regulation 1.03 (definitions of regulated business, regulation 4.41JA notice and regulation 4.41J notice)

Repeal the definitions.

7  Subregulation 3.01A(1) (definition of closed charter operation)

Repeal the definition.

8  Regulation 4.41A

Omit “This”, substitute “(1) This”.

9  After paragraph 4.41A(a)

Insert:

                    (aa)  cargo to which subregulation (2) applies; and

10  At the end of regulation 4.41A

Add:

             (2)  This subregulation applies to cargo that is intended to be transported on a domestic air service in the following circumstances:

                     (a)  the cargo is to be transported by an aircraft that has:

                              (i)  a seating capacity of 40 or more persons; or

                             (ii)  a certificated maximum take‑off weight of 20,000 kg or more;

                     (b)  the air service is not a closed charter operation;

                     (c)  the cargo is to be loaded onto the aircraft at any of the following airports:

                              (i)  Adelaide airport;

                             (ii)  Brisbane airport;

                            (iii)  Melbourne airport;

                            (iv)  Perth airport;

                             (v)  Sydney airport.

11  Subregulation 4.41CA(1)

Omit “or (3)”, substitute “, (2A) or (3)”.

12  Paragraph 4.41CA(2)(a)

Repeal the paragraph, substitute:

                     (a)  have been examined by a RACA in accordance with an examination notice given to the RACA; and

13  Paragraph 4.41CA(2)(d)

After “any”, insert “unauthorised”.

14  After subregulation 4.41CA(2)

Insert:

Cargo examined by cargo examining aircraft operators

          (2A)  For this subregulation to be satisfied, the cargo must:

                     (a)  have been examined by a cargo examining aircraft operator in accordance with an examination notice given to the operator; and

                     (b)  be handled by the operator in accordance with the requirements under the operator’s TSP that deal with how cargo is to be handled in order to receive clearance; and

                     (c)  have a security declaration; and

                     (d)  not contain any unauthorised explosives.

15  Paragraph 4.41CA(3)(b)

Repeal the paragraph, substitute:

                     (b)  be handled by a RACA or a cargo examining aircraft operator in accordance with the requirements under:

                              (i)  for a RACA—the RACA’s security program that deal with how cargo that has not been examined is to be handled in order to receive clearance; or

                             (ii)  for a cargo examining aircraft operator—the operator’s TSP that deal with how cargo that has not been examined is to be handled in order to receive clearance; and

16  Paragraph 4.41D(b)

Repeal the paragraph, substitute:

                     (b)  is issued by a person (the issuer) that is a known consignor, a RACA or a cargo examining aircraft operator, when the cargo is in the possession of the issuer; and

17  Paragraph 4.41D(c)

Omit “following information”, substitute “following”.

18  Subparagraph 4.41D(c)(i)

Omit “regulated business issuing the document”, substitute “issuer”.

19  Subparagraph 4.41D(c)(ii)

Omit “regulated business”, substitute “issuer”.

20  Subparagraph 4.41D(c)(iii)

Repeal the subparagraph, substitute:

                            (iii)  whether the issuer is a known consignor, a RACA or a cargo examining aircraft operator;

21  Subparagraphs 4.41D(c)(v) and (vi)

Repeal the subparagraphs, substitute:

                             (v)  either the airport where the cargo is first loaded onto the aircraft or, if the cargo originates with a known consignor, the physical address at which the cargo originates with the known consignor;

Note:       The airport may be named by using the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport.

                            (vi)  the airport to which the cargo is being transported;

Note:       The airport may be named by using the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport.

22  Subparagraphs 4.41D(c)(viii) and (viiia)

Repeal the subparagraphs, substitute:

                          (viii)  if the cargo is required to be examined to receive clearance—details of the examination method applied to the cargo by the issuer and a statement that the cargo was examined in accordance with an examination notice;

23  Regulation 4.41D (note 1)

Repeal the note, substitute:

Note 1:       For the definition of document, see section 2B of the Acts Interpretation Act 1901.

24  Paragraph 4.41F(3)(c)

Repeal the paragraph, substitute:

                     (c)  the RACA has not examined the cargo in accordance with an examination notice given to the RACA.

25  Subregulation 4.41F(5)

Repeal the subregulation (including the penalty), substitute:

Cargo examining aircraft operators

             (5)  A cargo examining aircraft operator commits an offence of strict liability if:

                     (a)  the operator issues a security declaration for cargo; and

                     (b)  the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and

                     (c)  the operator has not examined the cargo in accordance with an examination notice given to the operator.

Penalty:  100 penalty units.

             (6)  A cargo examining aircraft operator commits an offence of strict liability if:

                     (a)  the operator issues a security declaration for cargo; and

                     (b)  the operator has not handled the cargo in accordance with the TSP in force for the operator.

Penalty:  100 penalty units.

Persons other than known consignors, RACAs and cargo examining aircraft operators

             (7)  A person commits an offence of strict liability if:

                     (a)  the person purports to issue a security declaration for cargo; and

                     (b)  the person is not a known consignor, a RACA or a cargo examining aircraft operator.

Penalty for a contravention of subregulation (7):  50 penalty units.

26  Regulation 4.41G

Repeal the regulation, substitute:

4.41G  Offence—loading cargo without security declaration

             (1)  A person commits an offence of strict liability if:

                     (a)  the person is a loading person; and

                     (b)  the person loads cargo onto a prescribed aircraft; and

                     (c)  at the time of loading, the person does not have a security declaration for the cargo.

Penalty:

                     (a)  if the person is an AACA—50 penalty units; or

                     (b)  in any other case—100 penalty units.

             (2)  A person (the first person) commits an offence of strict liability if:

                     (a)  the first person is a loading person; and

                     (b)  the first person enters into an arrangement with another person to load cargo onto a prescribed aircraft; and

                     (c)  the other person is not a loading person; and

                     (d)  at the time of loading, the first person does not have a security declaration for the cargo.

Penalty for a contravention of subregulation (2):

                     (a)  if the first person is an AACA—50 penalty units; or

                     (b)  in any other case—100 penalty units.

             (3)  In this instrument:

loading person means:

                     (a)  an AACA; or

                     (b)  a cargo examining aircraft operator; or

                     (c)  a known consignor; or

                     (d)  a RACA.

27  Paragraph 4.41H(a)

Omit “regulated business”, substitute “known consignor, a RACA or a cargo examining aircraft operator”.

28  Paragraph 4.41H(b)

Omit “as a regulated business”, substitute “in that capacity”.

29  Subdivision 4.1A.1A of Division 4.1A of Part 4 (heading)

Repeal the heading, substitute:

Subdivision 4.1A.1AExamination notices

30  Regulation 4.41J (heading)

Repeal the heading, substitute:

4.41J  Examination notices

31  Subregulation 4.41J(2)

Repeal the subregulation (including the note), substitute:

             (2)  The Secretary may make a written notice (an examination notice) that sets out requirements in relation to how cargo that is to be loaded onto an aircraft must be examined by a RACA or cargo examining aircraft operator.

32  Subregulation 4.41J(3)

Omit “the notice may”, substitute “an examination notice may”.

33  Subregulation 4.41J(4)

Repeal the subregulation.

34  Subregulation 4.41J(5)

Omit “the notice to a RACA to which the notice applies if”, substitute “an examination notice to a RACA or cargo examining aircraft operator if the notice provides that the notice is to be given to the RACA or operator and”.

35  Paragraphs 4.41J(5)(a) and (b)

After “RACA”, insert “or operator”.

36  Paragraph 4.41J(5)(c)

Omit “issuing the notice to the RACA”, substitute “giving the notice to the RACA or operator”.

37  After subregulation 4.41J(5)

Insert:

          (5A)  An examination notice may make different provision in relation to cargo with respect to different circumstances.

38  Subregulation 4.41J(6)

Omit “A RACA who has been given a notice under this regulation”, substitute “A RACA or cargo examining aircraft operator that has been given an examination notice”.

39  Regulations 4.41JA, 4.41JB and 4.41K

Repeal the regulations, substitute:

4.41JB  Revocation or variation of examination notice

Revocation on request

             (1)  The Secretary must, in writing, revoke an examination notice given to a RACA or a cargo examining aircraft operator if the RACA or operator requests the Secretary, in writing, to revoke the notice.

Revocation for cause

             (2)  The Secretary may, in writing, revoke an examination notice given to a RACA or cargo examining aircraft operator if the Secretary is satisfied on reasonable grounds that:

                     (a)  the RACA or operator:

                              (i)  is not capable of examining cargo in accordance with the notice; or

                             (ii)  is not examining cargo in accordance with the notice; or

                     (b)  revoking the notice is in the interests of safeguarding against unlawful interference with aviation.

             (3)  If the Secretary revokes an examination notice under subregulation (2), the Secretary must give a copy of the revocation to the RACA or cargo examining aircraft operator.

Variation or revocation to correct errors or omissions

             (4)  If the Secretary is satisfied that an examination notice (the original notice) given to a RACA or cargo examining aircraft operator contains an error or omission, the Secretary may, for the purpose of correcting the error or omission, in writing:

                     (a)  vary the original notice; or

                     (b)  revoke the original notice and substitute another examination notice;

and, where the Secretary does so, the varied or substituted examination notice has effect as if it had been given at the time the original notice was given.

             (5)  If, under subregulation (4), the Secretary varies the original notice, or revokes the original notice and substitutes another examination notice, the Secretary must give a copy of the examination notice as varied or substituted to the RACA or cargo examining aircraft operator.

             (6)  The Secretary may vary or revoke the original notice under subregulation (4) at the Secretary’s own initiative or at the written request of a RACA or cargo examining aircraft operator.

4.41K  Offence—failure to comply with an examination notice

             (1)  A RACA commits an offence of strict liability if:

                     (a)  the Secretary has given the RACA an examination notice; and

                     (b)  the RACA fails to comply with the notice.

Penalty:  100 penalty units.

             (2)  A cargo examining aircraft operator commits an offence of strict liability if:

                     (a)  the Secretary has given the operator an examination notice; and

                     (b)  the operator fails to comply with the notice.

Penalty for a contravention of subregulation (2):  100 penalty units.

40  Subparagraph 4.42(a)(ii)

Omit “a regulation 4.41J notice or a regulation 4.41JA”, substitute “an examination”.

41  Paragraph 4.43(1)(b)

Omit “a regulation 4.41J notice or a regulation 4.41JA”, substitute “an examination”.

42  Subparagraph 4.44B(1)(f)(ii)

Omit “a regulation 4.41J notice or a regulation 4.41JA”, substitute “an examination”.

43  In the appropriate position in Part 10

Insert:

Division 16Amendments made by the Aviation Transport Security Amendment (Domestic Cargo) Regulations 2020

Subdivision APreliminary

10.37  Definitions

                   In this Division:

amended Regulations means these Regulations as amended by the amending Regulations.

amending Regulations means the Aviation Transport Security Amendment (Domestic Cargo) Regulations 2020.

old Regulations means these Regulations as in force immediately before 1 July 2020.

Subdivision BAmendments made by Schedule 1 to the amending Regulations

10.38  Saving provision—regulation 4.41JA notices

                   A regulation 4.41JA notice that was in force immediately before 1 July 2020 continues to have effect (and may be dealt with) on and after 1 July 2020 as if it were an examination notice given under subregulation 4.41J(2) of the amended Regulations.

10.39  Application—request for revocation

                   The amendment of regulation 4.41JB of the old Regulations made by item 39 of Schedule 1 to the amending Regulations does not apply in relation to a request made before 1 July 2020.

10.40  Saving of certain security declarations

             (1)  This regulation applies if:

                     (a)  a security declaration is issued under the old Regulations in relation to international cargo in the period commencing 1 June 2020 and ending on 30 June 2020; and

                     (b)  the security declaration is in force immediately before 1 July 2020; and

                     (c)  the cargo to which the security declaration relates is kept continuously secure from the time the cargo receives clearance until it is loaded onto an aircraft.

             (2)  The security declaration remains in force according to its terms on and after 1 July 2020 as if it were a security declaration issued under regulation 4.41D of the amended Regulations.

Schedule 2Amendments commencing 1 July 2021

  

Aviation Transport Security Regulations 2005

1  Paragraphs 4.41A(2)(b) and (c)

Repeal the paragraphs, substitute:

                     (b)  the air service is not a closed charter operation.