2002

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

AVIATION LEGISLATION AMENDMENT BILL 2002

SUPPLEMENTARY EXPLANATORY MEMORANDUM

Amendments to be Moved on Behalf of the Government

(Circulated by authority of the Minister for Transport and Regional Services,
the Honourable John Anderson, MP)

AMENDMENT TO AVIATION LEGISLATION AMENDMENT BILL 2002

OUTLINE

The purpose of the Government amendment to the Aviation Legislation Amendment Bill 2002 is to remove those paragraphs of Schedule 2 that repeal the current aviation security arrangements except those paragraphs that are redundant following the repeal of the Federal Airports Corporation Act 1986 by Schedule 3; remove redundant links to the Criminal Code; and retain the power of the Minister to make instruments in relation to the carriage of munitions and implements of war. The arrangements for “Information-gathering for aviation security purposes” are maintained as Part 3A.

The amendment maintains the status quo in relation to aviation security arrangements and retains significant penalties for serious breaches of aviation security.  The current legislative framework is robust and highly effective.  It is adequate to deal with the current aviation security environment until comprehensive reform is completed and it fulfils Australia’s international obligations.  

Financial impact statement

The amendments to the Air Navigation Act 1920 will have no financial impact on the budget.

AMENDMENT TO AVIATION LEGISLATION AMENDMENT BILL 2002

NOTES ON CLAUSES

Schedule 2 – Amendment of the Air Navigation Act 1920

Items 1 to 2 – Commencement

Items 1 to 2 change the commencement of Schedule 2 to the day on which the Act receives the Royal Assent consistent with Schedules 1 and 3.  The need for an extended period for commencement by fixing a date for Proclamation is no longer required.

Items 3 to 6 – Section 3 Definitions

Items 3 to 6 remove those paragraphs of Schedule 2 that repeal definitions for the current aviation security arrangements with the exception of the following:

Paragraphs 1, 8, 11 – the definitions of airport operator or operator, Corporation and Federal airport are redundant following the repeal by Schedule 3 of the Federal Airports Corporation Act 1986.

Item 7 – Sections 3AB to 3AF Definitions

Item 7 removes those paragraphs of Schedule 2 that repeal definitions for the current aviation security arrangements.

Item 8 – Section 19

Item 8 retains the power of the Minister to make instruments in relation to the carriage of munitions and implements of war.  This power was originally repealed with the intention of reflecting this power and other detailed requirements in regulations.  
 
Item 9 – Section 22E

Item 9 removes a reference in section 22E (paragraph (d) – the definition of employer) that will become redundant following the repeal by Schedule 3 of the Federal Airports Corporation Act 1986.

Item 10 – Section 22ZV

Item 10 removes references in subsection 22ZV(1) (paragraphs (b), (c) and (f)) – the definition of designated person) that will become redundant following the repeal by Schedule 3 of the Federal Airports Corporation Act 1986.

Items 11 to 13 – Part 3

Items 11 to 13 amend the paragraphs that repeal Part 3, which contains the main provisions for the current aviation security arrangements.  Item 13 re-names the new Part entitled “Information‑gathering for aviation security purposes” as Part 3A for numbering purposes.

Items 14 to 24 – New Part

Items 14 to 24 re‑number provisions in the new Part as a consequence of the above amendments.

Item 25 – Criminal Code

Item 25 removes the paragraph that inserted a Division in the new Part for the application of the Criminal Code.  This Division is no longer required as the entire Act has since been amended for the application of the Criminal Code by the Transport and Regional Services Legislation Amendment (Application Of Criminal Code) Act 2002 (No. 8, 2002), which received Royal Assent on 4 April 2002.

Item 26 – Section 23A

Item 26 removes those paragraphs of Schedule 2 that repeal provisions regarding the review of decisions for the current aviation security arrangements.