Australia: Aviation security: Legislative update

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The Aviation Transport Security Act 2004 and the Aviation Transport Security Regulations 2005 establish a regulatory framework to safeguard against unlawful interference with aviation.

Introduced by the Aviation Transport Security Amendment (2009 Measures No 1) Act 2010, the "airport security classification system" allows for the grouping of security controlled airports into categories with similar operating environments, and threat and risk profiles, ensuring proportional application of aviation security requirements and that the integrity of cleared areas at higher categorised security controlled airports is maintained.

The Aviation Transport Security Amendment Regulation 2012 (No 4) supports the implementation of the airport security classification system by:

  • ensuring people disembarking at security controlled airports are treated according to the type of screening they have undergone, and;
  • clarifying the ways in which persons may be cleared before boarding screened air services.

The amendments:

  • allow people on screened air services where all passengers received clearance at a category 1 to 4 airport to disembark into a cleared area at any airport;
  • ensure passengers screened at a category 5 airport receive clearance before entering cleared areas at category 1 to 4 airports; and
  • clarify that persons may board screened air services without being screened where they are subject of a written notice issued by the Secretary of the Department of Transport and Infrastructure or regulations made under the Aviation Transport Security Act 2004.

Source: ComLaw

Aviation Transport Security Amendment Regulation 2012 (No 3)

The Regulation amends the Aviation Transport Security Amendment Regulations 2005 to:

  • remove references to 'certifying cargo' from the principal regulations;
  • establish the framework for examining and clearing cargo;
  • introduce security declarations and chain of custody statements as evidence of the security status of cargo prior to loading;
  • remove duplication of a requirement for Regulated Air Cargo Transport Security Programs; and
  • simplify the language in a requirement for the Secretary of the Department of Infrastructure and Transport to give notice of a decision to revoke the designation of a Regulated Air Cargo Agent.

The current regulatory framework provides that cargo is cleared when it is certified and aircraft operators may certify that cargo by loading it onto the aircraft.

The Regulation provides for:

  • air cargo to be examined and cleared earlier in the supply chain;
  • easier identification of the security status of the cargo;
  • greater assurance that cargo has been kept secure once cleared; and
  • better mechanisms to allow for secure transport of cargo between regulated industry participants, including Accredited Air Cargo Agents.

This Regulation will commence on the commencement of Part 1 of the Schedule to the Aviation Transport Security Amendment (Air Cargo) Act 2011 (5 June 2013).

Source: ComLaw

Airports Amendment Regulation 2012 (No.1)

The Airports Amendment Regulation 2012 (No 1) amends the Airports Regulations 1997. Adelaide Airport has been subject to mandatory price and quality of service monitoring along with Sydney, Brisbane, Melbourne and Perth airports under the principal regulations. These amendments exclude Adelaide Airport from the mandatory price and quality of service monitoring.

In 2011 the Productivity Commission Inquiry into the Economic Regulation of Airport Services recommended Adelaide Airport be excluded from the mandatory requirements because of the reduced level of market power held by Adelaide Airport after the finalisation of long term commercial agreements. Adelaide Airport has agreed to participate in the second tier airport price and quality of service reporting process recommended by the National Aviation Policy Whitepaper (December 2009).

The Airports Amendment Regulation 2012 (No 1) is taken to have commenced on 1 July 2012 and operates retrospectively to remove Adelaide Airport's obligation to maintain records from 1 July 2012 until the date of Royal Assent.

Source: ComLaw

Airports Legislation Amendment Regulation 2012 (No 1)

Airports (Control of On-Airport Activities) Amendment Regulation 2012 (No 1)

Airports (Environment Protection) Amendment Regulation 2012 (No 1)

Airports Amendment Regulation 2012 (No 2)

These regulations amend the Airports (Control of On-Airport Activities ) Regulation 1997, the Airports (Environmental Protection) Regulation 1997 and the Airports Regulation 1997 to:

  • make them consistent with the Airports Act 1996, as amended in 2010;
  • make general amendments correcting minor drafting or technical errors, and consequential updates; and
  • make incidental amendments required because of amendments to the Acts Interpretation Act 1901.

The Airports Legislation Amendment Regulation 2012 (No 1) provides for minor technical amendments to the:

  • Airports Regulations 1997;
  • Airports (Building Control) Regulation 1996; and
  • Airports (Environment Protection) Regulations 1997.

These changes reflect amendments to the Acts Interpretation Act 1901 which came into effect on 27 December 2011.

The Airports (Control of On-Airport Activities) Amendment Regulation 2012 (No 1) makes minor and technical amendments to the Airports (Control of On-Airport Activities) Regulation 1997 including updating references to Australian Road Rules, and amendments to state and territory legislation dealing with shop trading and liquor control.

Included are provisions updating the drafting, and replacing provisions in state and territory liquor control legislation to improve readability and understanding. While most of the changes apply generally, specific modifications were made to the:

  • Liquor Control Reform Act 1998 (VIC) that apply only at Melbourne (Tullamarine) Airport;
  • Liquor Act 1992 (QLD) that is only applicable in terminal areas of Gold Coast and Townsville Airports;
  • Liquor Act 2010 (ACT) and the Liquor Regulation 2010 (ACT) that applies to Canberra Airport.

The Airports (Environment Protection) Amendment Regulation 2012 (No 1) amends the Airports (Environment Protection) Regulation 1997.

2010 amendments to theAirports Act 1996 implemented reforms outlined in the National Aviation Policy White Paper (2009) including making airport Environmental Strategies part of airport Master Plans. As the Airports Regulation 1997 sets out the other prescribed content requirements for airport Master Plans the regulations dealing with the content of Environmental Strategies has been moved from the Airports (Environment Protection) Regulations 1997 to the Airports Regulations 1997.

Other minor technical amendments have also been made by the Amendment Regulation.

The Airports Amendment Regulation 2012 (No 2) amends the Airports Regulation 1997 to include the contents of Environmental Strategies. The substantive content requirements for Environmental Strategies did not change.

Other minor changes made by the Legislative Instrument include updating the description of a portion of land that comprises part of Adelaide Airport, and minor amendments related to changes of airport names for Hobart Airport and Darwin Airport to Hobart International Airport and Darwin International Airport, respectively.

Source: ComLaw

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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