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.

Dated 24 June 2021

David Hurley

Governor‑General

By His Excellency’s Command

Karen Andrews

Minister for Home Affairs

Contents

1 Name

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

1  Name

  This instrument is the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021.

2  Commencement

 (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.

Note: This table relates only to the provisions of this instrument as originally made.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  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Part 1—Stage 1 amendments

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:

Division 19—Amendments made by the Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021

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.

Part 2—Stage 2 amendments

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.