Federal Register of Legislation - Australian Government

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LIN 22/044 Other as made
The instrument operates to prohibit cargo originating from or transiting through Bangladesh, unless it is of a type that is exempt from the prohibition or has been examined and cleared at a European Commission validated air cargo facility certified examination facility in Bangladesh or a last port of call airport.
Administered by: Home Affairs
Registered 04 Apr 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022

Commonwealth Coat of Arms

LIN 22/044

I, Karen Andrews, Minister for Home Affairs, make this instrument under subsection 65B(1) of the Aviation Transport Security Act 2004.

Dated                 31 March               2022

Karen Andrews

Minister for Home Affairs

 

 


1          Name

                 This instrument is the Aviation Transport Security (Prohibited cargo—Bangladesh) Instrument 2022.

2          Commencement

                 This instrument commences on the day after registration. 

3          Definitions

Note             A number of expressions used in this instrument are defined in the definition section of the Aviation Transport Security Act 2004, including Australian territory; aviation industry participant; cargo.

                 In this instrument:

biological tissue means an item of cargo that consists only of biological matter that is an aggregate of cells and cell products forming a definite kind of structural material in an animal or plant, or biological substances or samples, and the necessary packaging to ship the biological matter, substance or sample.

Note             Paragraph 23(b) of the Acts Interpretation Act 1901 provides that words in the singular number include the plural, and words in the plural number include the singular.

European Commission validated air cargo facility means an air cargo facility that is approved by the European Union as complying with air cargo security requirements for the secure examination, handling and storage of air cargo.

government article means an item of cargo that:

(a)   is sent by the Commonwealth or an authority of the Commonwealth; and

(b)   bears on its face a security classification;

(c)   bears a security classification that is referred to in the protective security policy applicable to the Australian Government when the article is sent.

human remains means an item of cargo which meets all of the following requirements:


(a)        the item consists only of human remains and necessary packaging;

(b)       the sender of the item is a funeral director;

(c)        the airline transporting the item has sighted a copy of the death certificate of the person to whom the human remains relate.

last port of call airport means the last international port that the aircraft departs from before landing in Australian territory.

letter product means an item of cargo that:

(a)   weighs 500g or less; and

(b)   contains only flexible items, nothing rigid or inflexible; and

  Note 1    Flexible items include thick cardboard to protect items from being bent or crushed.

Note 2   Examples of rigid or inflexible items are pens, keys, USBs or CDs.

(c)   has a longest dimension of 360 mm or less; and

(d)   has a second-longest dimension of 260 mm or less; and

(e)   has a shortest dimension of 20 mm or less. 

security controls means requirements or procedures that, under the laws applying at the last port of call airport, must be applied to detect the presence of explosives in items of cargo.

small item means an item of cargo that weighs 250 g or less and is 5 mm or less in its shortest dimension.

4          Prohibited cargo

(1)     An aviation industry participant must not bring, or cause to be brought, into Australian territory cargo that has originated in or transited through the People’s Republic of Bangladesh (Bangladesh) if:

(a)                   the cargo was not examined in either:

(i)                         Bangladesh; or

(ii)                         at a last port of call airport; and

(b)                 in circumstances where the cargo was examined at a place referred to in paragraph (a), the cargo:

(i)                         was examined under security controls at a European Commission validated air cargo facility that is approved by the European Union as complying with air cargo security requirements for the secure examination, handling and storage of air cargo;

(ii)                       was examined in accordance with the European Union’s requirements for the facility;

(iii)                     was found not to contain explosives; and

(iv)                     remained secure in accordance with the European Union’s requirements for the facility from the time of examination to the time it was loaded onto a flight into Australian territory.

(2)  The prohibition in subsection (1) does not apply to cargo if the cargo is any of the following types:

(a)   a letter product;

(b)   a small item;

(c)   a live animal and the necessary packaging to ship the animal;

(d)   human remains;

(e)   biological tissue;

(f)    dangerous goods that are permitted, under section 23 of the Civil Aviation Act 1988, to be carried on board an aircraft and the necessary packaging to ship the goods;

(g)   a government article;

(h)   an item of cargo in a diplomatic bag.

5          Repeal

                 Aviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015 is repealed.