Schedule 1 Amendments

(regulation 3)

[1] Subregulation 2 (1), after definition of airline

insert

air security officer means a protective service officer (within the meaning of the Australian Protective Service Act 1987) who is directed by the Director of the Protective Service to carry out the duties of a position of air security officer.

[2] Subregulation 2 (1), after definition of TSO

insert

unlawful interference with aviation has the same meaning as in section 3AE of the Air Navigation Act 1920.

[3] Regulation 144

substitute

144 Discharge of firearms in or from an aircraft

(1) A person must not, except in the circumstances set out in subregulation (2), discharge a firearm while on board an aircraft.

Penalty: 50 penalty units.

(2) The circumstances are:

(a) that the person is an air security officer and discharges a firearm in the performance of his or her duties in relation to an act of unlawful interference with aviation; or

(b) that the person has the written permission of CASA to discharge a firearm while on board an aircraft and complies with any conditions of the permission.

[4] Regulation 262D

substitute

262D Under what circumstances can an aircraft carry dangerous goods?

For the purposes of paragraph 23 (1) (a) of the Act, an aircraft is permitted to carry dangerous goods only as follows:

(a) if the goods are not being carried by an air security officer — in accordance with the Technical Instructions and subject to the conditions set out in regulations 262F, 262J and 262K;

(b) if the goods are being carried by an air security officer — in accordance with regulation 262EB.

[5] Subregulations 262E (1) and (2)

omit

a person is

insert

a person (other than an air security officer) is

[6] After subregulation 262E (2)

insert

(3) For the purposes of paragraphs 23 (2) (a) and (2A) (a) of the Act, an air security officer is permitted to carry dangerous goods on board an aircraft only in accordance with regulation 262EB.

[7] After regulation 262EA

insert

262EB Carriage of dangerous goods by air security officers

The carriage of dangerous goods by an air security officer under paragraph 262D (b) or subregulation 262E (3) is subject to the conditions that the air security officer:

(a) must be on duty in an aircraft engaged in regular public transport operations; and

(b) must not carry dangerous goods other than an amount of ammunition (issued by the Australian Protective Service for use by the officer) that is reasonably required in performance of that duty.

[8] Subregulation 262F (2)

omit

under regulation 262D or 262E

insert

under paragraph 262D (a) or subregulations 262E (1) and (2)

[9] Subregulation 262J (2)

omit

under regulation 262D or 262E

insert

under paragraph 262D (a) or subregulations 262E (1) and (2)

[10] Subregulation 262K (2)

omit

under regulation 262D or 262E

insert

under paragraph 262D (a) or subregulations 262E (1) and (2)

Notes

1. These Regulations amend Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 Nos. 8, 204 (items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000), 205, 227, 261, 294, 295, 296 and 362; Act No. 137, 2000; Statutory Rules 2001 Nos. 348 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 180, 221, 267, 319 and 350; 2003 Nos. 58 and 75.

2. Notified in the Commonwealth of Australia Gazette on 22 May 2003.