Aviation Transport Security Amendment Regulation 2012 (No. 6)1
Select Legislative Instrument 2012 No. 304
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 6 December 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. 6).
2              Commencement
                This regulation commences on the day after it is registered.
3              Amendment of Aviation Transport Security Regulations 2005
                Schedule 1 amends the Aviation Transport Security Regulations 2005.
Schedule 1        Amendments
(section 3)
 
[1]           After regulation 1.05
insert
1.05A      Categories of airports
                A reference in these Regulations to a security controlled airport that is identified by reference to a category is a reference to a security controlled airport that is assigned to that category by the Secretary under subsection 28 (6) of the Act.
Example
A category 1 security controlled airport is a security controlled airport that has been assigned to category 1 by the Secretary under subsection 28 (6) of the Act.
[2]           Regulation 1.07
omit
[3]           Regulation 2.23, heading
substitute
2.23        Content of TSPs for operators of designated airports—barriers
[4]           Subregulation 2.23 (1)
substitute
         (1)   This regulation applies to the TSPs for the operators of designated airports.
[5]           Regulation 3.01B
substitute
3.01B     Categories of security controlled airports
                For section 28A of the Act, the categories in column 1 of the table are prescribed.
 
Category of security controlled airport
Examples of security controlled airports that may fall within corresponding category

1
Designated airports

2
Airports to or from which an international air service operates and that do not fall within any examples corresponding to category 1 security controlled airports

3
Airports that do not fall within any examples corresponding to category 1 or category 2 security controlled airports, and that meet the following:
   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg;
  (b)  if those operations are only operated to or from the airport by aircraft with a maximum weight of at least 20 000 kg but less than 30 000 kg—those operations involve an average of at least 50 000 revenue passengers departing the airport each year

4
Airports that do not fall within any examples corresponding to categories 1 to 3 security controlled airports, and that meet both of the following:
   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg;
  (b)  those operations involve an average of at least 30 000 but less than 50 000 revenue passengers departing the airport each year

5
Airports that do not fall within any examples corresponding to categories 1 to 4 security controlled airports, and that meet both of the following:
   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg;
  (b)  those operations involve an average of less than 30 000 revenue passengers departing the airport each year

6
Airports that do not fall within any examples corresponding to categories 1 to 5 security controlled airports, and that meet either of the following:
   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 5 700 kg but less than 20 000 kg;
  (b)  aircraft operate closed charter operations to or from the airport with a maximum weight of at least 10 750 kg

7
Airports that may be required to comply with requirements imposed on different categories of security controlled airports

 
[6]           Regulation 4.01, heading
substitute
4.01        Definition—operational period
[7]           Regulation 4.01, definition of operational period, subparagraph (a) (i)
omit
Adelaide Airport, Brisbane Airport, Melbourne Airport, Perth Airport, Sydney Airport, Cairns Airport, Canberra Airport, Coolangatta Airport, or Darwin Airport — the
insert
a category 1 security controlled airport—the
[8]           Subregulation 4.02 (1)
substitute
         (1)   An aircraft must be a cleared aircraft before departure if it is operating a regular public transport operation or an open charter operation with a maximum weight of at least 20 000 kg.
[9]           Subregulation 4.02 (2)
substitute
         (2)   An aircraft must be a cleared aircraft if the aircraft:
                (a)    is not covered by subregulation (1); and
               (b)    departs from a category 1 security controlled airport; and
                (c)    departs from the same airport apron as an aircraft (the other aircraft) described in subregulation (1); and
               (d)    is scheduled to depart within the operational period of the other aircraft.
[10]         Paragraph 5.06 (b)
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.