Aviation Transport Security Amendment Regulation 2012 (No. 3)

Link to law: https://www.comlaw.gov.au/Details/F2012L01029

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Aviation Transport Security Amendment Regulation 2012 (No. 3)1
Select Legislative Instrument 2012 No. 67
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Aviation Transport Security Act 2004.
Dated 10 May 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure and Transport
1              Name of regulation
                This regulation is the Aviation Transport Security Amendment Regulation 2012 (No. 3).
2              Commencement
                This regulation commences on the commencement of Part 1 of Schedule 1 to the Aviation Transport Security Amendment (Air Cargo) Act 2011.
3              Amendment of Aviation Transport Security Regulations 2005
                Schedule 1 amends the Aviation Transport Security Regulations 2005.
Schedule 1        Amendments
(section 3)
 
[1]           Regulation 1.03
insert
chain of custody statement has the meaning given by regulation 4.41E.
[2]           Regulation 1.03
insert
class of regulated business includes a class identified by reference to the kind of site or facility where a regulated business is examining cargo.
[3]           Regulation 1.03
insert
regulated business means:
                (a)    an AACA; or
               (b)    an operator of a prescribed air service; or
                (c)    a RACA.
[4]           Regulation 1.03
insert
security contact officer has the meaning given by subregulation 2.01 (1).
[5]           Regulation 1.03
insert
security declaration has the meaning given by regulation 4.41D.
[6]           Paragraph 2.50 (b)
substitute
               (b)    methods to prevent unauthorised persons from having access to cargo from the time a RACA takes possession of the cargo until the time the RACA delivers the cargo to another regulated business;
[7]           Paragraph 2.54 (7) (b)
omit
[8]           Paragraph 2.54 (7) (c)
omit
those areas and zones
insert
the facilities
[9]           Division 4.1A, heading
substitute
Division 4.1A        Examining and clearing cargo
[10]         Subdivision 4.1A.1
substitute
Subdivision 4.1A.1     Requirements for examining and clearing cargo
4.41A      Application of Subdivision
                This Subdivision applies to:
                (a)    international cargo; and
               (b)    cargo to which this Subdivision applies because the Secretary has issued a notice to that effect under regulation 4.41J.
4.41B     Purpose of Subdivision
                This Subdivision sets out the requirements for examining and clearing cargo for the following provisions of the Act:
                (a)    section 44B;
               (b)    paragraph 44C (1) (a);
                (c)    paragraphs 44C (2) (a), (b), (d), (e), (g) and (h);
               (d)    subsection 44C (4).
4.41C     Definitions for Subdivision
                In this Subdivision:
international cargo means cargo that is:
                (a)    destined for a foreign country; and
               (b)    not transhipped cargo.
transhipped cargo means cargo that:
                (a)    originates overseas; and
               (b)    arrives at an Australian airport on an aircraft operating an inbound international air service; and
                (c)    either:
                          (i)    remains on board the aircraft; or
                         (ii)    is transferred to another aircraft operating an outbound international air service; and
               (d)    if the cargo is transferred—remains in the airside area of the airport during the transfer.
4.41D     Meaning of security declaration
                A security declaration, for cargo that is in the possession of a regulated business, means a document issued by the regulated business that:
                (a)    identifies the cargo; and
               (b)    states the name of the regulated business issuing the document for the cargo; and
                (c)    states the name and contact details of the individual issuing the document for the cargo on behalf of the regulated business; and
               (d)    states the time and date when the document was issued; and
                (e)    declares the cargo has received clearance.
4.41E      Meaning of chain of custody statement
                A chain of custody statement, for cargo that is in the possession of a regulated business, means a document issued by the regulated business that:
                (a)    identifies the cargo; and
               (b)    states the name of the regulated business issuing the document for the cargo; and
                (c)    states the name and contact details of the individual issuing the document for the cargo on behalf of the regulated business; and
               (d)    states the time and date when the document was issued; and
                (e)    states the time and date when the regulated business took possession of the cargo; and
                (f)    states whether the regulated business received a security declaration for the cargo when the regulated business took possession of the cargo; and
               (g)    if the regulated business received a security declaration for the cargo when the regulated business took possession of the cargo—states that the cargo has been held securely, in accordance with a TSP or AACA security program in force for the regulated business, at all times when the regulated business has been in possession of the cargo; and
               (h)    if the regulated business did not receive a security declaration for the cargo when the regulated business took possession of the cargo, states:
                          (i)    that the regulated business issued a security declaration for the cargo; and
                         (ii)    that the cargo has been held securely, in accordance with a TSP or AACA security program in force for the regulated business, at all times after the cargo received clearance.
4.41F      Offence—issuing a security declaration
         (1)   A regulated business commits an offence if:
                (a)    the regulated business issues a security declaration for cargo that is in the possession of the regulated business; and
               (b)    none of the following applies:
                          (i)    if the cargo need not be examined because the Secretary issued a notice under paragraph 44B (2) (b) of the Act—the regulated business has treated the cargo in accordance with a TSP in force for the regulated business;
                         (ii)    the regulated business has examined the cargo in accordance with a notice issued by the Secretary under regulation 4.41J and has treated the cargo in accordance with a TSP in force for the regulated business;
                        (iii)    the regulated business has examined the cargo and treated the cargo in accordance with a TSP in force for the regulated business.
Penalty:   100 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
4.41G     Offence—issuing chain of custody statement
         (1)   A regulated business commits an offence if:
                (a)    the regulated business issues a chain of custody statement for cargo that is in possession of the regulated business; and
               (b)    when the regulated business took possession of the cargo, the regulated business did not receive a security declaration and another chain of custody statement for the cargo; and
                (c)    the regulated business has not issued a security declaration for the cargo.
Penalty:   50 penalty units.
         (2)   A regulated business commits an offence if:
                (a)    the regulated business issues a chain of custody statement for cargo that is in possession of the regulated business; and
               (b)    the regulated business has not held the cargo securely, in accordance with a TSP or AACA security program in force for the regulated business, at all times when the regulated business has been in possession of the cargo.
Penalty:   50 penalty units.
         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.
4.41H     Offence—loading cargo on aircraft if no security declaration or chain of custody statement
         (1)   A regulated business commits an offence if:
                (a)    the regulated business loads cargo onto a prescribed aircraft; and
               (b)    at the time of loading, the cargo is to be unloaded outside Australia; and
                (c)    the regulated business does not have a security declaration or a chain of custody statement for the cargo.
Penalty:   100 penalty units.
         (2)   A regulated business commits an offence if:
                (a)    the regulated business enters into an arrangement with a non-regulated business to load cargo onto a prescribed aircraft; and
               (b)    the non-regulated business loads cargo onto the aircraft; and
                (c)    at the time of loading, the cargo is to be unloaded outside Australia; and
               (d)    the regulated business does not have a security declaration or a chain of custody statement for the cargo.
Penalty:   100 penalty units.
         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.
         (4)   In this regulation:
non-regulated business means a business that is not a regulated business.
Subdivision 4.1A.1A Notice by Secretary
4.41J      Notice for examination of cargo
         (1)   For subsection 44C (3) of the Act, the Secretary may issue a written notice that provides for the examination of cargo by a regulated business about:
                (a)    the types of cargo to be examined; and
               (b)    the records that must be kept about the examination of cargo; and
                (c)    the methods, techniques and equipment that the regulated business must use for examining cargo; and
               (d)    procedures for dealing with cargo that has been examined.
         (2)   The notice may apply to a regulated business or a class of regulated business.
         (3)   The Secretary must give the notice to a regulated business to which the notice applies.
         (4)   This regulation has extraterritorial application under subsection 134 (1) of the Act in relation to prescribed aircraft that are:
                (a)    Australian aircraft; or
               (b)    aircraft (other than Australian aircraft) engaged in Australian international carriage;
while the aircraft are outside Australian territory.
4.41K     Offence—examination of cargo in accordance with notice
         (1)   A regulated business commits an offence if:
                (a)    the Secretary has given the regulated business a notice under regulation 4.41J; and
               (b)    the regulated business does not examine cargo in accordance with the notice.
Penalty:   100 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
[11]         Subregulations 4.44 (2) and (3)
substitute
         (2)   The Secretary must, within 14 days after the day on which the Secretary makes the decision, give the person written notice of the decision to revoke the designation.
         (3)   The notice must contain the reasons for the decision.
         (4)   The designation of a person as a RACA is automatically revoked if the person is accredited as an AACA.
[12]         Regulation 4.48, note
omit
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.