Aviation Transport Security Amendment Regulations 2011 (No. 2)1
Select Legislative Instrument 2011 No. 264
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aviation Transport Security Act 2004.
Dated 7 December 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure and Transport
1              Name of Regulations
                These Regulations are the Aviation Transport Security Amendment Regulations 2011 (No. 2).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Aviation Transport Security Regulations 2005
                Schedule 1 amends the Aviation Transport Security Regulations 2005.
Schedule 1        Amendments
(regulation 3)
 
[1]           Regulation 2.03
omit
12 (c)
insert
12 (1) (c)
[2]           Before Division 3.1
insert
Division 3.1A        Security controlled airports — categories
3.01A      Definitions
         (1)   In this Division:
closed charter operation means a charter operation that is not an open charter operation.
maximum weight has the meaning given by subregulation 4.02 (1A).
revenue passenger means a passenger who has paid a fee for a flight, including a passenger who has acquired a ticket for the flight under a frequent flyer scheme.
         (2)   For this Division, the average number of revenue passengers is worked out by:
                (a)    adding together the number of revenue passengers departing the airport:
                          (i)    if the airport has been operating for at least 3 financial years — in each of the 3 previous financial years; or
                         (ii)    if the airport has been operating for less than 3 financial years — in each of the previous financial years that the airport has been operating; and
               (b)    dividing the total by:
                          (i)    if the airport has been operating for at least 3 financial years — 3; or
                         (ii)    if the airport has been operating for less than 3 financial years — the number of financial years that the airport has been operating.
3.01B     Categories of security controlled airports
                For section 28A of the Act, the categories in the table are prescribed.
 
Category
Security controlled airports

1
Designated airports

2
Airports to or from which an international air service operates and that are not designated airports

3
Airports that are not covered by category 1 or 2 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 are not covered by categories 1 to 3 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 are not covered by categories 1 to 4 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 are not covered by categories 1 to 5 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 for which the Secretary is satisfied the operator is temporarily unable to comply with the security screening requirements that apply to the category that the airport would otherwise be assigned to

3.01C     Criteria to be considered by Secretary
         (1)   For subsection 133 (1) of the Act, before assigning a particular security controlled airport a category under subsection 28 (6) of the Act, the Secretary may consider the matters set out in this regulation.
Note   Under paragraph 126 (1) (ea) of the Act, application may be made to the Administrative Appeals Tribunal for a review of the Secretary’s decision to assign a category to a particular security controlled airport.
         (2)   The Secretary may consider the following:
                (a)    whether the airport is a designated airport;
               (b)    whether an international air service operates to or from the airport;
                (c)    whether aircraft operate regular public transport operations or open charter operations to or from the airport, and if so:
                          (i)    the maximum weight of those aircraft; and
                         (ii)    the average number of revenue passengers that depart the airport each year as part of those operations;
               (d)    whether aircraft operate closed charter operations to or from the airport, and if so, the maximum weight of those aircraft.
         (3)   The Secretary may also consider the following:
                (a)    whether the design of the existing terminal at the airport will prevent the airport operator from complying with particular security screening requirements;
               (b)    whether it is practicable for temporary facilities to be installed at the airport so that the airport operator can comply with particular security screening requirements;
                (c)    the operational environment of the airport, including:
                          (i)    the types of aircraft operating to and from the airport; and
                         (ii)    the services those aircraft provide; and
                        (iii)    the services available at the airport, such as refuelling and maintenance services;
               (d)    the number of revenue passengers that:
                          (i)    departed the airport in each of the 3 previous financial years; and
                         (ii)    are expected to depart the airport in the following 3 financial years;
                (e)    the ability of the screening authority for the airport to:
                          (i)    provide and operate security screening equipment; and
                         (ii)    provide particular security screening services;
                (f)    when the airport operator expects to be able to start complying with particular security screening requirements;
               (g)    the social and financial implications of requiring, or not requiring, the airport to use or implement equipment or procedures specified in the Act, these Regulations, or in a notice given by the Secretary under regulation 4.17;
               (h)    any other matter that the Secretary considers relevant.
Example of social implications for paragraph (g)
The loss of access by the local community to medical services.
[3]           Subregulation 4.02 (1)
after
maximum weight of
insert
at least
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.