Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
David Hurley
Governor‑General
By His Excellency’s Command
Karen Andrews
Minister for Home Affairs
Contents
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments commencing first
Aviation Transport Security Regulations 2005
Schedule 2—Amendments commencing later
Part 1—Stage 1 amendments
Aviation Transport Security Regulations 2005
Part 2—Stage 2 amendments
Aviation Transport Security Regulations 2005
This instrument is the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021.
(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. | 26 June 2021 |
2. Schedule 1 | The day after this instrument is registered. | 26 June 2021 |
3. Schedule 2, Part 1 | Immediately after the commencement of Schedule 2 to the Aviation Transport Security Amendment (Domestic Cargo) Regulations 2020. | 1 July 2021 |
4. Schedule 2, Part 2 | 1 July 2022. | 1 July 2022 |
Note: This table relates only to the provisions of this instrument as originally made.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.
This instrument is made under the Aviation Transport Security Act 2004.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Amendments commencing first
Aviation Transport Security Regulations 2005
1 Regulation 1.03
Insert:
foreign consignment security declaration has the meaning given by subregulation 4.41D(3).
2 Regulation 4.41D
Before “A security declaration”, insert “(1)”.
3 Regulation 4.41D
After “a document that”, insert “is covered by subregulation (3) or that”.
4 At the end of regulation 4.41D
Add:
(2) To avoid doubt:
(a) a document issued by a known consignor and described in paragraphs (1)(a) and (c) is a security declaration even if the information described in subparagraph (1)(c)(vi):
(i) is not included by the known consignor at the time of issue; and
(ii) is later included in the document by a RACA or a cargo examining aircraft operator; and
(b) the RACA or cargo examining aircraft operator does not issue the document merely by including that information in the document.
(3) This subregulation covers a document (the foreign consignment security declaration) that:
(a) relates to cargo that originates overseas; and
(b) is issued by a person with functions like those of a known consignor, a RACA or a cargo examining aircraft operator, when the cargo is in the possession of the person overseas; and
(c) is in English or can be readily translated into English by a RACA, or a cargo examining aircraft operator, who handles the cargo in Australia; and
(d) includes details of how the person assessed the cargo; and
(e) states that the cargo does not contain an unauthorised explosive.
5 Paragraph 4.41F(7)(a)
After “a security declaration”, insert “, except a foreign consignment security declaration,”.
6 Subregulation 4.41G(3) (paragraph (b) of the definition of loading person)
Repeal the paragraph, substitute:
(b) an aircraft operator of a prescribed air service; or
Schedule 2—Amendments commencing later
Aviation Transport Security Regulations 2005
1 At the end of subregulation 4.41A(2)
Add:
; (c) the cargo is to be loaded onto the aircraft at:
(i) a designated airport; or
(ii) a tier 1 security controlled airport.
2 In the appropriate position in Part 10
Insert:
10.43 Application of new paragraph 4.41A(2)(c)
Paragraph 4.41A(2)(c), as added by Part 1 of Schedule 2 to the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021, applies to cargo that is to be loaded onto an aircraft after the commencement of that Part.
Aviation Transport Security Regulations 2005
3 At the end of paragraph 4.41A(2)(c)
Add:
; or (iii) a tier 2 security controlled airport; or
(iv) Bankstown Airport; or
(v) Essendon Fields Airport.
4 At the end of Division 19 of Part 10
Add:
10.44 Application of amended paragraph 4.41A(2)(c)
Paragraph 4.41A(2)(c), as amended by Part 2 of Schedule 2 to the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021, applies to cargo that is to be loaded onto an aircraft after the commencement of that Part.