This is the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015.

(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.	29 July 2015
2. Schedules 1 and 2	1 September 2015.	1 September 2015
3. Schedule 3	The day after this instrument is registered.	29 July 2015

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Transport security programs etc.

Aviation Transport Security Regulations 2005

1 Subregulation 2.02(2)

Omit “in accordance with”, substitute “who has the knowledge, skills, training, qualifications or other requirements set out in”.

2 Regulation 2.10 (heading)

Repeal the heading, substitute:

2.10 What airport operator’s TSP must contain—outline etc.

3 Regulation 2.10

Omit “, including, by way of an accompanying document”, substitute “and must include”.

4 Paragraph 2.11(1)(b)

Omit “, contractors and responding agencies”, substitute “and contractors”.

5 Paragraph 2.11(1)(c)

Omit “responsibilities; and”, substitute “responsibilities.”.

6 Paragraph 2.11(1)(d)

Repeal the paragraph.

7 Subregulation 2.11(2)

Omit all the words after “a mechanism for”, substitute “consultation between the operator and relevant third parties”.

8 At the end of subregulation 2.11(2)

Add:

Note: Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.

9 Subregulation 2.11(3)

Repeal the subregulation.

10 Paragraph 2.12(1)(a)

Repeal the paragraph, substitute:

(a) details of how audits are scheduled; and

11 Paragraph 2.12(1)(b)

Omit “, including a process for selecting auditors”.

12 Subregulation 2.12(2)

Repeal the subregulation, substitute:

(2) An operator must:

(a) retain the records of an audit for 7 years; and

(b) retain the records of a review for 3 years.

13 Subregulation 2.13(1)

Repeal the subregulation, substitute:

(1) The TSP must set out:

(a) the name of the airport; and

(b) its geographic location, including a reference to the closest population centre; and

(c) whether or not access into landside and airside areas and zones of the airport, and the internal security of such areas and zones, is controlled at all times; and

(d) details of procedures for security outside the airport’s normal hours of operation.

(1A) The TSP must be accompanied by a document that sets out:

(a) the types of aircraft operations that operate to and from the airport, including regular public transport, cargo, general aviation and joint‑user facilities and other significant operations that may require security considerations; and

(b) the size of the airport; and

(c) a description of significant features affecting the security of the airport perimeter, such as waterways or residential areas; and

(d) a description of the airside and landside operations for which the operator has responsibility; and

(e) the hours during which the airport normally operates.

14 Subregulation 2.13(2)

Omit “and are covered”, substitute “or are covered”.

15 Subregulation 2.13(3)

After “subregulation (1)”, insert “, (1A)”.

16 Subregulation 2.13(9)

Repeal the subregulation.

17 Regulation 2.14 (heading)

Repeal the heading, substitute:

2.14 Required information about proposed security zones at airport operator’s airport

18 Subregulation 2.14(1)

Omit “(1)”.

19 Subregulation 2.14(1)

Omit “must set out”, substitute “must be accompanied by a document that sets out”.

20 Subregulations 2.14(2) and (3)

Repeal the subregulations.

21 Subregulation 2.15(1)

Omit “to be included in”, substitute “that accompanies”.

22 Paragraph 2.15(1)(d)

Omit “only, with limited shading”, substitute “, with limited shading, or in colour”.

23 Subregulations 2.15(2) and (3)

Omit “must include”, substitute “must be accompanied by”.

24 Subregulation 2.15(4)

Omit “include a description and map of the apron or aprons for the purposes of subregulation 4.02(3)”, substitute “be accompanied by a document that contains a description and a map of the apron or aprons for the airport”.

25 After paragraph 2.16(1)(a)

Insert:

(aa) to monitor and control access to landside and airside security zones; and

26 Subregulation 2.16(2)

Repeal the subregulation, substitute:

(2) The TSP must:

(a) specify the security measures and procedures that have been implemented within the airport; and

(b) be accompanied by a document that sets out a timetable for implementation of any security measures and procedures that have not been implemented.

27 Subregulation 2.17(1)

Omit all the words after “must”, substitute “set out measures and procedures to carry out screening and clearing of persons and baggage”.

28 Paragraphs 2.17(2)(b), (c) and (d)

Repeal the paragraphs.

29 Subregulation 2.18(1)

Omit “(1) If”, substitute “If”.

30 Paragraph 2.18(1)(a)

Repeal the paragraph, substitute:

(a) measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and

31 Subregulation 2.18(2)

Repeal the subregulation (including the note).

32 Paragraph 2.18A(1)(b)

Repeal the paragraph.

33 Paragraph 2.18A(1)(h)

Repeal the paragraph.

34 Subregulation 2.18A(2)

After “from an airport”, insert “mentioned in subregulation (1) at which an enhanced inspection area has been established”.

35 Paragraph 2.18A(2)(a)

Repeal the paragraph, substitute:

(a) measures and procedures to carry out screening for the area, including details of the locations where screening is undertaken; and

36 Subregulation 2.18A(3)

Omit “5.06(1)(d)” (wherever occurring), substitute “5.06(d)”.

37 Subregulation 2.18A(4)

Repeal the subregulation.

38 Regulation 2.21 (heading)

Repeal the heading, substitute:

2.21 Required information about measures and procedures in the event of a heightened security alert

39 Subregulation 2.21(1)

Omit “set out, in an accompanying document,”, substitute “be accompanied by a document that sets out”.

40 Paragraph 2.21(2)(b)

Omit “security incidents or”.

41 Regulation 2.22

Repeal the regulation, substitute:

2.22 What airport operator’s TSP must contain—personnel with particular security roles

(1) The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the operator in respect of the security‑related aspects of their positions.

(2) The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s airport.

(3) In this regulation:

relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s airport.

42 Regulation 2.23

Repeal the regulation.

43 Regulation 2.28 (heading)

Repeal the heading, substitute:

2.28 What aircraft operator’s TSP must contain—outline etc.

44 Regulation 2.28

Omit “objective of the TSP, including, by way of an accompanying document”, substitute “objectives of the TSP and must include”.

45 Paragraph 2.29(1)(b)

Omit “, contractors and responding agencies”, substitute “and contractors”.

46 Paragraph 2.29(1)(c)

Omit “responsibilities; and”, substitute “responsibilities.”.

47 Paragraph 2.29(1)(d)

Repeal the paragraph.

48 Paragraph 2.29(2)(b)

Repeal the paragraph.

49 Paragraph 2.29(2)(c)

Omit “such as police, tenants and lessees”.

50 At the end of subregulation 2.29(2)

Add:

Note: Relevant third parties might, for example, include police, tenants or lessees.

51 Paragraph 2.30(1)(a)

Repeal the paragraph, substitute:

(a) details of how audits are scheduled; and

52 Paragraph 2.30(1)(b)

Omit “, including a process for selecting auditors”.

53 Subregulation 2.30(2)

Repeal the subregulation, substitute:

(2) An operator must:

(a) retain the records of an audit for 7 years; and

(b) retain the records of a review for 3 years.

54 Subregulation 2.31(1)

Repeal the subregulation, substitute:

(1) The TSP must set out:

(a) the name of the operator; and

(b) the geographic location of each of its operational facilities that is located within a security controlled airport; and

(c) for each of the operator’s operational facilities—details of procedures for security outside the facility’s normal hours of operation.

(1A) The TSP must be accompanied by a document that sets out:

(a) the types of aircraft operations the operator carries on (including regular public transport, cargo and general aviation operations) that may require security considerations, including:

(i) details of the operator’s aircraft, including aircraft types and numbers; and

(ii) details of regular routes flown and airports served; and

(iii) a map showing the boundaries of any operational facility that is located within a security controlled airport; and

(b) for each of the operator’s operational facilities—the hours of the facility’s normal operation.

55 Subregulation 2.31(2)

After “subregulation (1)”, insert “or (1A)”.

56 Subregulation 2.31(6)

Repeal the subregulation, substitute:

(6) The operator of a prescribed air service must give the operator of each security controlled airport at which it has a facility contact details for the facility, including contact details for the operator’s security contact officer.

57 Subregulation 2.32(2)

Repeal the subregulation, substitute:

(2) The TSP must:

(a) specify the security measures and procedures that have been implemented within each of the operator’s facilities; and

(b) be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented.

58 Paragraph 2.33(1)(d)

Repeal the paragraph.

59 Subregulation 2.35(1)

Omit “(1) If”, substitute “If”.

60 Paragraph 2.35(1)(a)

Repeal the paragraph, substitute:

(a) measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and

61 Paragraph 2.35(1)(c)

Repeal the paragraph, substitute:

(c) measures and procedures to carry out screening and clearing of carry‑on baggage, including details of the locations where that screening and clearing is undertaken; and

62 Subregulation 2.35(2)

Repeal the subregulation.

63 Paragraph 2.35A(1)(a)

Repeal the paragraph, substitute:

(a) measures and procedures to carry out screening for the area, including details of the locations where screening is undertaken; and

64 Subregulation 2.35A(2)

Omit “5.06(1)(d)” (wherever occurring), substitute “5.06(d)”.

65 Subregulation 2.37(1)

Omit “(1) If”, substitute “If”.

66 Paragraphs 2.37(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and

67 Subregulation 2.37(2)

Repeal the subregulation.

68 Regulation 2.38

Repeal the regulation, substitute:

2.38 What aircraft operator’s TSP must contain—passenger and checked baggage reconciliation

The TSP must include measures and procedures to ensure that checked baggage transported on an aircraft belongs to the passengers on the flight, including:

(a) details of the equipment used to reconcile passengers and baggage; and

(b) procedures to ensure that the baggage of any passenger who fails to board a flight (other than a passenger who does not re‑board, or remain on board, a flight following diversion of the flight from its scheduled destination to an alternative destination in a circumstance specified in regulation 4.21A) is unloaded before the aircraft departs; and

69 Paragraph 2.39(a)

Repeal the paragraph, substitute:

(a) measures and procedures to prevent the unlawful carriage of a firearm, another weapon or a prohibited item, including the procedures to respond to the detection of a firearm, another weapon or a prohibited item; and

70 Subregulation 2.41(1)

Repeal the subregulation.

71 Regulation 2.43 (heading)

Repeal the heading, substitute:

2.43 Required information about measures and procedures in the event of a heightened security alert

72 Subregulation 2.43(1)

Omit “set out, in an accompanying document,”, substitute “be accompanied by a document that sets out”.

73 Subregulation 2.43(2)

Omit “The TSP”, substitute “Those measures and procedures”.

74 Paragraph 2.43(2)(b)

Omit “security incidents or”.

75 Regulation 2.44

Repeal the regulation.

76 Regulation 2.45

Repeal the regulation, substitute:

2.45 What aircraft operator’s TSP must contain—personnel with particular security roles

(2) The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s airport.

(3) In this regulation:

relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s facilities.

77 Regulation 2.49 (heading)

Repeal the heading, substitute:

2.49 What RACA’s TSP must contain—outline etc.

78 Regulation 2.49

Omit “objective of its TSP, including, by way of an accompanying document”, substitute “objectives of the TSP and must include”.

79 Regulation 2.50

Repeal the regulation.

80 Subregulation 2.51(2)

Repeal the subregulation, substitute:

(2) The TSP must:

(a) set out the measures and procedures to ensure the security of cargo at all times; and

(b) include the methods to be used to prevent unauthorised persons from having access to cargo from the time the RACA takes possession of the cargo until the time the RACA delivers the cargo to another regulated business.

81 Paragraph 2.52(1)(b)

Omit “, contractors and responding agencies”, substitute “and contractors”.

82 Paragraph 2.52(1)(c)

Omit “responsibilities; and”, substitute “responsibilities.”.

83 Paragraph 2.52(1)(d)

Repeal the paragraph.

84 Paragraph 2.52(2)(c)

Repeal the paragraph.

85 Subregulation 2.52(3)

Repeal the subregulation, substitute:

(3) The TSP must set out:

(a) measures and procedures for the keeping of accurate records of cargo in the RACA’s possession or under the RACA’s control and the security measures adopted in relation to such cargo; and

(b) measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.

86 Paragraph 2.53(1)(a)

Repeal the paragraph, substitute:

(a) details of how audits are scheduled; and

87 Paragraph 2.53(1)(b)

Omit “, including a process for selecting auditors”.

88 Subregulation 2.53(2)

Repeal the subregulation, substitute:

(2) The RACA must:

(a) retain the records of an audit for 7 years; and

(b) retain the records of a review for 3 years.

89 Regulation 2.54 (heading)

Repeal the heading, substitute:

2.54 What RACA’s TSP etc. must contain—details of RACA’s name and operation

90 Subregulations 2.54(1) and (2)

Repeal the subregulations, substitute:

(1) The TSP must set out:

(a) details of all sites that operate on the RACA’s behalf and details of all facilities covered by the TSP; and

(b) the name of each such site and facility; and

(d) details of security procedures at each such site and facility outside its normal hours of operation.

(2) The TSP must be accompanied by a document that, for each site and facility, sets out:

(a) a description of any airside and landside operations for which the RACA is responsible; and

(b) the hours of its normal operation.

91 Subregulations 2.54(4) and (5)

Repeal the subregulations.

92 Subregulation 2.54(6)

Omit “or (5)”.

93 Subregulation 2.55(2)

Repeal the subregulation, substitute:

(2) The TSP must:

(a) specify the security measures and procedures that have been implemented within each of the RACA’s sites; and

(b) be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented.

94 Regulation 2.57 (heading)

Repeal the heading, substitute:

2.57 Required information about measures and procedures in the event of a heightened security alert

95 Subregulation 2.57(1)

Omit “set out, in an accompanying document,”, substitute “be accompanied by a document that sets out”.

96 Subregulation 2.57(2)

Omit “The TSP”, substitute “Those measure and procedures”.

97 Paragraph 2.57(2)(b)

Omit “security incidents or”.

98 Regulation 2.58

Repeal the regulation, substitute:

2.58 What RACA’s TSP must contain—personnel with particular security roles

(1) The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the RACA in respect of the security‑related aspects of their positions.

(2) The RACA must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions.

(3) In this regulation:

relevant staff of a RACA means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the RACA’s sites or facilities.

99 Regulation 2.61 (heading)

Repeal the heading, substitute:

2.61 RACA must inform consignors of certain matters relating to the carriage of cargo

100 Regulation 2.61

Omit “The TSP must include measures and procedures to”, substitute “The RACA must”.

101 Subregulation 3.15(2)

Repeal the subregulation.

102 Subregulation 4.02(3)

Repeal the subregulation, substitute:

(3) For subregulation (2):

apron, for an airport, means an apron described in the document accompanying the TSP of an operator of a security controlled airport in accordance with subregulation 2.15(4).

103 After paragraph 4.43(2)(d)

Insert:

(da) the name of the applicant’s chief executive officer or manager and the name and telephone number of an alternative contact person;

104 Paragraph 4.43(2)(e)

After “telephone number”, insert “(including an after‑hours telephone number)”.

105 After paragraph 4.43(2)(e)

Insert:

(ea) the name of the applicant’s security contact officer and his or her telephone number, fax number (if any), e‑mail address (if any) and a 24‑hour security contact number;

106 At the end of Part 10

Add:

10.02 Amendments made by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015

The amendments made by Schedule 1 to the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Aviation Transport Security Act 2004 on or after 1 September 2015, whether:

(a) the TSP is given to the Secretary under that Act before, on or after that day; or

(b) the request under section 22 or 23A of that Act relating to the TSP is made before, on or after that day.

Schedule 2—Variations of AACA security programs

Aviation Transport Security Regulations 2005

1 Regulation 4.49 (heading)

Repeal the heading, substitute:

4.49 Secretary to provide proposed AACA security program to applicant for accreditation as an AACA

2 Regulation 4.50 (heading)

Repeal the heading, substitute:

4.50 Consideration of request to amend proposed AACA security program before accreditation

3 Paragraph 4.50(1)(c)

Omit “by business”, substitute “by a business”.

4 Paragraph 4.50(2)(a)

Omit “reject”, substitute “refuse”.

5 Subregulation 4.50(3)

Omit “rejected”, substitute “refused”.

6 Subdivision 4.1A.4 of Division 4.1A of Part 4 (heading)

Repeal the heading, substitute:

Subdivision 4.1A.4—AACA security programs and variations of AACA security program

7 At the end of Subdivision 4.1A.4 of Division 4.1A of Part 4

Add:

4.51FA Secretary may vary AACA security program after accreditation

(1) If, after the accreditation of an AACA, the Secretary is no longer satisfied that the AACA security program of the AACA adequately addresses the requirements set out in regulation 4.51F, the Secretary may:

(a) vary the program; and

(b) provide a copy of the varied program to the AACA.

(2) The AACA must, within 14 days of receiving the varied program:

(a) notify the Secretary, in writing, that the AACA accepts the varied program; or

(b) both:

(i) notify the Secretary, in writing, that the AACA rejects the varied program; and

(ii) request the Secretary under paragraph 4.51D(2)(f) to revoke its accreditation; or

(3) If the AACA accepts the varied program, the varied program comes into force 14 days after the day the AACA notifies the Secretary of the acceptance.

(4) If the AACA requests the Secretary to amend the varied program, the AACA must give the Secretary:

(a) written details of the proposed amendment; and

(b) written reasons why the proposed amendment is required.

(5) If the AACA does not take any of the actions mentioned in subregulation (2) within the period mentioned in that subregulation, the varied program comes into force 14 days after the end of that period.

4.51FB Consideration of request to amend proposed AACA security program as varied by the Secretary

(1) In considering a request of an AACA made under paragraph 4.51FA(2)(c), the Secretary must take into account:

(a) whether the varied AACA security program, as proposed to be amended, addresses the requirements set out in regulation 4.51F; and

(b) existing circumstances as they relate to aviation security; and

(d) the efficient administration of the AACA scheme.

(2) After considering the request and the matters mentioned in subregulation (1), the Secretary must:

(a) decide to approve or refuse the request; and

(b) give the AACA written notice (the decision notice) of the decision within 14 days of making the decision.

(3) If the Secretary approves the request:

(a) the Secretary must incorporate the amendment into the varied program; and

(b) the Secretary must provide that program to the AACA with the decision notice; and

(c) that program comes into force on the day specified in the decision notice (which must not be a day earlier than the day of the notice).

(4) If the Secretary refuses the request, the varied program comes into force on the day specified in the decision notice (which must not be a day earlier than the day of the notice).

(5) If the Secretary does not make a decision under subregulation (2) within 60 days of a request being made under paragraph 4.51FA(2)(c):

(a) the Secretary is taken to have refused the request; and

(b) the varied program comes into force at the end of the 60 day period.

4.51FC AACA may request Secretary to vary AACA security program after accreditation

(1) An AACA may, after being accredited, request the Secretary to vary the AACA security program of the AACA.

(2) The request:

(a) must be in writing; and

(b) must provide details of the proposed variation; and

4.51FD Consideration of request to vary existing AACA security program

(1) In considering a request of an AACA made under subregulation 4.51FC(1), the Secretary must take into account:

(a) whether the AACA security program as proposed to be varied addresses the requirements set out in regulation 4.51F; and

(b) existing circumstances as they relate to aviation security; and

(d) the efficient administration of the AACA scheme.

(2) After considering the request and the matters mentioned in subregulation (1), the Secretary must:

(a) decide to approve or refuse the request; and

(b) give the AACA written notice (the decision notice) of the decision within 14 days of making the decision.

(3) If the Secretary approves the request:

(a) the Secretary must incorporate the variation into the AACA security program of the AACA; and

(b) the Secretary must provide that program to the AACA with the decision notice; and

(c) that program comes into force on the day specified in the decision notice (which must not be a day earlier than the day of the notice).

(4) If the Secretary does not make a decision under subregulation (2) within 60 days of a request being made under subregulation 4.51FC(1), the Secretary is taken to have refused the request at the end of the 60 day period.

Schedule 3—Other amendments

Aviation Transport Security Regulations 2005

1 Regulation 1.03 (paragraph (h) of the definition of designated airport)

Repeal the paragraph.

2 Regulation 4.41B

Before “This Subdivision”, insert “(1)”.

3 At the end of regulation 4.41B

Add:

(2) For the purposes of paragraph 44C(2)(e) of the Act, the things to be detected by the examination of cargo are explosives.