Air Navigation Amendment Regulations 2003 (No. 3)1
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Navigation Act 1920.
Dated 21 October 2003
P. M. JEFFERY
Governor-General
By His Excellency’s Command
JOHN ANDERSON
1 Name of Regulations
These Regulations are the Air Navigation Amendment Regulations 2003 (No. 3).
2 Commencement
These Regulations commence on 1 November 2003.
3 Amendment of Air Navigation Regulations 1947
Schedule 1 amends the Air Navigation Regulations 1947.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 78
omit
[2] Subregulation 80 (1)
after
aircraft operator
insert
, an agency of the Commonwealth
[3] Regulation 88, definition of conviction, after note 3
insert
Note 4 Convictions for offences under Part 2 of the Crimes (Aviation) Act 1991 or Part 5.3 of the Criminal Code do not become spent for the purposes of an authority assessing whether to issue the convicted person with a security identification card — see the Crimes Act 1914, paragraph 85ZZH (k), and the Crimes Regulations 1990, regulation 8 and Schedule 4.
[4] Regulation 88, definition of Subdivision 3 offence, table, after item 5
insert
6 | An offence against Part 2 of the Crimes (Aviation) Act 1991 |
7 | An offence against Part 5.3 of the Criminal Code |
8 | An offence constituted by the production, possession, supply, import or export of explosives or explosive devices |
[5] Regulations 90 and 91
substitute
90 Security identification cards — issue by issuing body
(1) An issuing body may issue a security identification card, in accordance with this regulation, to a person for all or part of 1 or more security restricted areas at an airport, or at more than 1 airport.
(2) An issuing body may issue a security identification card to a person only if:
(a) the person needs to enter, for his or her employment, a security restricted area, or part of a security restricted area, to which the card will apply; and
(b) he or she is not an unlawful non-citizen; and
(c) he or she has verified his or her identity by means of:
(i) 2 primary identification documents; or
(ii) a primary identification document and a secondary identification document; or
(iii) a primary identification document and 2 tertiary identification documents.
Penalty: 45 penalty units.
Note for paragraph (2) (b) For the meaning of unlawful non-citizen, see regulation 76.
(3) An issuing body must not issue a security identification card to a person who has an adverse criminal record unless the Secretary so approves under regulation 92.
Penalty: 45 penalty units.
(4) For subregulation (3), a person has an adverse criminal record if:
(a) in the case of a person who, immediately before 1 December 1998, held a superseded card (within the meaning given by subregulation 96 (1)) — he or she has been convicted since 1 December 1998 of a Subdivision 3 offence and sentenced to imprisonment for longer than 7 days; and
(b) in the case of a person who was first issued with a security identification card at some time between 1 December 1998 and 31 October 2003 (inclusive) — he or she has been, at any time, convicted of a Subdivision 3 offence, and sentenced to imprisonment for longer than 7 days; and
(c) in any other case — he or she has been, at any time, convicted of a Subdivision 3 offence and sentenced to any period of imprisonment.
(5) The Secretary may direct an issuing body in writing not to issue a security identification card to a person if the Secretary considers that it would constitute a threat to aviation security if the person were to hold a security identification card.
(6) An issuing body must not issue a security identification card to a person in contravention of a direction under subregulation (5).
Penalty: 45 penalty units.
(7) An offence against subregulation (2), (3) or (6) is an offence of strict liability.
(8) A security identification card may be issued subject to a condition, including a condition that the issue cancels a card already held by the holder.
(9) If a security identification card is issued subject to a condition, notice of the condition must be given to the holder in writing.
[6] Subregulation 94 (2)
omit
regulation 90,
insert
subregulation 90 (2),
[7] Regulation 95
substitute
95 ASICs — period of issue and expiry
(1) An ASIC may be issued for up to 2 years.
(2) Unless earlier cancelled, a security identification card expires:
(a) for a card issued on or after 1 November 2003:
(i) if it specifies a day on which it expires, or a period of validity — on that day or at the end of that period; or
(ii) if it does not specify such a day or period — at the end of 2 years after its issue; or
(b) for a card issued after this regulation commences but before 1 November 2003 — the earlier of:
(i) if it specifies a day on which it expires, or a period of validity — on that day or at the end of that period; or
(ii) 30 June 2004.
(3) Unless earlier cancelled, a visitor identification card expires:
(a) if it specifies a day on which it expires, or a period of validity — on that day or at the end of that period; or
(b) if it does not specify such a day or period — at the time when, or the end of the period after which, the Secretary or issuing body tells the holder that it will expire.
95A Form of certain security identification cards
(1) A security identification card issued on or after 1 November 2003:
(a) must include a recent photograph of the holder; and
(b) must bear the holder’s full name as it appears on his or her primary identification document; and
(c) must bear a unique number; and
(d) must bear a statement of its date of expiry.
(2) All of the particulars and things required by subregulation (1) must be on the same side of the card, and must be protected, by means of a Kinegram Hot Stamped Patch Optically Variable Device, against tampering.
(3) An issuing body must not purport to issue a security identification card that does not comply with subregulations (1) and (2).
Penalty: 50 penalty units.
[8] Paragraph 97 (1) (b)
omit
[9] Subparagraph 97 (1) (c) (iii)
substitute
(iii) the holder (other than a holder referred to in sub‑subparagraph (iv) (A) or (v) (A)) is convicted of a Subdivision 3 offence and sentenced to any period of imprisonment; or
(iv) if the holder:
(A) is a person who, immediately before 1 December 1998, held a superseded card (within the meaning given by subregulation 96 (1)); and
(B) is convicted of a Subdivision 3 offence and sentenced to imprisonment for longer than 7 days; or
(v) if the holder:
(A) is a person who was first issued with a security identification card at some time between 1 December 1998 and 31 October 2003 (inclusive); and
(B) is convicted of a Subdivision 3 offence and sentenced to imprisonment for longer than 7 days; or
(vi) the Secretary tells the issuing body in writing that the Secretary considers that it would constitute a threat to aviation security if the holder were to continue to hold the aviation security card; or
[10] Paragraph 99 (1) (b)
omit
[11] Subparagraph 99 (1) (c) (iii)
substitute
(iii) the holder (other than a holder referred to in sub‑subparagraph (iv) (A) or (v) (A)) is convicted of a Subdivision 3 offence and sentenced to any period of imprisonment; or
(iv) if the holder:
(A) is a person who, immediately before 1 December 1998, held a superseded card (within the meaning given by subregulation 96 (1)); and
(B) is convicted of a Subdivision 3 offence and sentenced to imprisonment for longer than 7 days; or
(v) if the holder:
(A) is a person who was first issued with a security identification card at some time between 1 December 1998 and 31 October 2003 (inclusive); and
(B) is convicted of a Subdivision 3 offence and sentenced to imprisonment for longer than 7 days; or
(vi) the Secretary tells the issuing body in writing that the Secretary considers that it would constitute a threat to aviation security if the holder were to continue to hold the aviation security card; or
[12] Regulation 101
omit
of more than 7 days
Notes
1. These Regulations amend Statutory Rules 1947 No. 112, as amended by 1947 No. 162; 1948 No. 69; 1949 Nos. 6 and 70; 1950 No. 69; 1952 Nos. 30, 46 and 87; 1953 No. 44; 1954 Nos. 26, 32 and 119; 1955 No. 29; 1956 No. 16; 1957 No. 12; 1958 No. 77; 1960 Nos. 21, 96 and 99; 1961 No. 102; 1964 Nos. 61 and 128; 1965 No. 33; 1966 No. 5; 1967 No. 65; 1969 No.4; 1970 Nos. 21 and 214; 1971 No. 31; 1972 No. 166; 1973 Nos. 182 and 247; 1974 Nos. 36, 54 and 96; 1975 No. 32; 1976 Nos. 67, 77, 11 and 124; 1977 No. 124; 1978 No. 140; 1980 Nos. 67, 106, 136, 187, 204, 247 and 269; 1981 Nos. 32, 77, 253 and 308; Act No. 76, 1981; Statutory Rules 1982 No. 270; 1983 Nos. 39, 149 and 202; 1984 Nos. 208 and 314; 1985 Nos. 203, 276, 300 and 329; 1986 Nos, 141, 284 and 357; 1987 Nos. 207 and 278; 1988 Nos. 159 and 378; 1989 No. 400; 1990 Nos. 255, 299 and 432; 1991 Nos. 74 and 193; 1992 Nos. 104, 153, 221 and 316; 1993 Nos. 265, 318 and 369; 1994 Nos. 148 and 384; 1995 Nos. 29, 342 and 443; 1996 Nos. 113 and 340; 1997 Nos. 336 and 413; 1998 No. 321; 1999 No. 351; 2000 Nos. 96, 217 and 360; Act No. 137, 2000; Statutory Rules 2003 Nos. 5, 97 and 260.
2. Notified in the Commonwealth of Australia Gazette on 28 October 2003.