Aviation Transport Security Amendment Regulations 2010 (No. 3)1
Select Legislative Instrument 2010 No. 200
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 8 July 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure, Transport, Regional Development and Local Government
1              Name of Regulations
                These Regulations are the Aviation Transport Security Amendment Regulations 2010 (No. 3).
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 1.03, definition of exempt duty free item, before paragraph (a)
insert
              (aa)    is acquired at an airport retail outlet at the point of origin of the flight, or a port of call before reaching Australia, at which all goods for sale:
                          (i)    undergo security screening at the point of entry to the airport; and
                         (ii)    are protected from unlawful interference by a process of supply chain security from the time they are delivered to the airport; and
[2]           Regulation 1.03, definition of exempt duty free item, paragraph (a)
omit
the last port of call before reaching Australia; and
insert
the airport where the item was acquired; and
[3]           Regulation 1.03, after definition of grey ASIC
insert
ICAO has the same meaning as in the Civil Aviation Act 1988.
[4]           Regulation 1.03, definition of LAGs cleared area
substitute
LAGs cleared area means an area of a security controlled airport, at least one entrance to which (for use by persons required to be screened) is a LAGs screening point.
Note   A LAGs cleared area may have entrances other than a LAGs screening point for use solely by persons who may enter a LAGs cleared area other than through a screening point.
[5]           Regulation 1.03, after definition of open charter operation
insert
permitted item has the meaning given by subregulation 4.13A (1).
[6]           Regulation 1.03, after definition of secure area, including the note
insert
security tamper-evident bag has the meaning given by regulation 4.22R.
[7]           Paragraph 1.07 (8) (a)
omit
2
insert
5
[8]           Regulation 4.11
substitute
4.11        Persons who may enter certain cleared areas other than through screening point
Sterile areas
         (1)   For paragraph 41 (2) (c) of the Act, a person mentioned in subregulation (2) may enter an area that is a cleared area other than through a screening point if:
                (a)    for a sterile area within the cleared area — either of the following apply:
                          (i)    he or she is authorised to do so and properly displays a valid ASIC;
                         (ii)    he or she is authorised to do so, properly displays a valid VIC and is supervised by somebody who may enter the sterile area other than through a screening point and properly displays a valid ASIC; and
               (b)    for a LAGs cleared area within the cleared area — he or she does not have in his or her possession an impermissible LAG product.
Persons who may enter sterile area
         (2)   For subregulation (1), the persons are the following:
                (a)    an aviation security inspector;
               (b)    an officer of the Australian Customs Service;
                (c)    a screening officer;
               (d)    an employee of the operator of the airport in which the sterile area is located;
                (e)    an employee of the operator of a screened air service aircraft;
                (f)    a contractor, and an employee of a contractor, to the operator of the airport in which the sterile area is located who is engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who is otherwise authorised for access to the aircraft;
                (g)    a contractor, and an employee of a contractor, to the operator of a screened air service aircraft who is engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who is otherwise authorised for access to the aircraft.
Enhanced inspection areas or sterile areas
         (3)   For paragraph 41 (2) (c) of the Act, the following persons may enter a cleared area that is an enhanced inspection area or a sterile area other than through a screening point:
                (a)    an ambulance, rescue or fire service officer who is responding to an emergency;
               (b)    a member of the Defence Force who is responding to an event or threat of unlawful interference with aviation;
                (c)    an air security officer;
               (d)    a law enforcement officer who produces his or her identity card as a law enforcement officer.
Interpretation
         (4)   For paragraph (1) (b), an impermissible LAG product, for a person, is a LAG product that is not:
                (a)    in a LAGs bag that contains only LAG products that are in LAGs containers and either of the following subparagraphs apply:
                          (i)    the LAGs bag is sealed and is the only LAGs bag in the person’s possession;
                         (ii)    the LAG products are needed for the use or care of the person because of an infirmity; or
               (b)    a tool of trade for the person.
         (5)   For paragraph (4) (b), something is a tool of trade for a person if:
                (a)    the person requires it for the purpose for which he or she is in the sterile area; and
               (b)    the purpose is lawful.
[9]           Subregulation 4.13 (3)
omit
subregulation (6)
insert
subregulation (7) and regulation 4.13A
[10]         After regulation 4.13
insert
4.13A      Transit passengers may leave LAG items on board certain flights
         (1)   In this regulation:
permitted item means an item that:
                (a)    is a LAG product that is in a container that has a capacity of more than 100 ml; and
               (b)    is purchased by a passenger at an airport retail outlet; and
                (c)    is in a sealed plastic bag with proof of purchase by the passenger affixed to the bag, or enclosed in the bag, so that proof of purchase is visible; and
               (d)    has undergone security screening at the airport before being taken on board an aircraft.
         (2)   Despite subregulation 4.13 (3), a passenger may leave a LAG product on board an aircraft operating an inbound international air service in the circumstances set out in subregulation (3).
         (3)   For subregulation (2), the circumstances are that:
                (a)    if the aircraft makes a scheduled transit stop in Australia or outside Australia as part of its journey to its final destination in Australia — all the following apply;
                          (i)    the service is approved by the Secretary;
                         (ii)    the LAG product to be left on board is a permitted item or an exempt duty free item;
                         (iii)    the Secretary has, in the approval under subparagraph (i) or otherwise, also approved the LAG product to remain on board the aircraft; or
               (b)    if the aircraft makes an unscheduled stop in Australia or outside Australia as a result of an emergency or other technical safety problem during its journey to its final destination in Australia — all the following apply:
                          (i)    the service is approved by the Secretary;
                         (ii)    the LAG product to be left on board is a permitted item or an exempt duty free item;
                         (iii)    the Secretary has, in the approval under subparagraph (i) or otherwise, also approved the LAG product to remain on board the aircraft;
                        (iv)    the passengers disembark from the aircraft in order to allow the emergency or problem to be rectified;
                         (v)    all the passengers board the aircraft after the emergency or problem is rectified and no new passengers board the aircraft.
         (4)   The Secretary may, by written notice:
                (a)    approve an inbound international service for subparagraphs (3) (a) (i) and (3) (b) (i); and
               (b)    approve, for subparagraphs (3) (a) (iii) and (3) (b) (iii), a LAG product that is a permitted item or an exempt duty free item to remain on the board the aircraft operating the service.
[11]         Paragraph 4.22C (2) (e)
omit
health.
insert
health;
[12]         After paragraph 4.22C (2) (e)
insert
                (f)    material or containers that are required to maintain the temperature, quality or integrity of something mentioned in paragraphs (a) to (e).
[13]         After subregulation 4.22C (2)
insert
      (2A)   The following things, in relation to a person authorised to enter a LAGs cleared area other than through a screening point, are not LAG products:
                (a)    a medical product for the person;
               (b)    a therapeutic product for the person in a quantity that is reasonable having regard to the length of time that he or she will be in the LAGs cleared area;
                (c)    the contents of a bag being used to manage a medical condition of the person (such as a colostomy bag);
               (d)    material or containers that are required to maintain the temperature, quality or integrity of something mentioned in paragraphs (a) to (c).
[14]         Subparagraph 4.22E (1) (b) (iii)
omit
flight.
insert
flight; or
[15]         After subparagraph 4.22E (1) (b) (iii)
insert
                        (iv)    a permitted item.
[16]         Subparagraph 4.22F (1) (b) (iii)
omit
flight.
insert
flight; or
[17]         After subparagraph 4.22F (1) (b) (iii)
insert
                        (iv)    a permitted item.
[18]         After regulation 4.22H
insert
4.22HA   Offence — entering LAGs cleared area other than through screening point with impermissible LAG product
         (1)   For subparagraph 44 (2) (d) (ii) of the Act, a person commits an offence if:
                (a)    the person enters a LAGs cleared area other than through a screening point; and
               (b)    when entering the LAGs cleared area, the person has in his or her possession a LAG product; and
                (c)    the LAG product is an impermissible LAG product within the meaning of subregulation 4.11 (4).
Penalty:   20 penalty units.
         (2)   Subregulation (1) is an offence of strict liability.
[19]         After Subdivision 4.1.1A
insert
Subdivision 4.1.1B     Security tamper-evident bags
4.22R     Definitions
                In this Subdivision:
ICAO guidance material means the Guidance Material on Security Control for Liquids, Aerosols and Gels (LAGs) that was issued on 16 October 2008 by ICAO.
security tamper-evident bag means a bag:
                (a)    that complies with the technical specifications for security tamper-evident bags set out in the ICAO guidance material; and
               (b)    for which the security requirements set out in regulation 4.22S have been satisfied.
4.22S      Security requirements for security tamper-evident bags
         (1)   For paragraph (b) of the definition of security tamper-evident bag in regulation 4.22R and subparagraph 4.22T (1) (b) (ii), the requirements are:
                (a)    the bag was delivered to a retail business within a secure area of an airport (the business) in a sealed container; and
               (b)    the container was inspected after delivery to the business for signs that it had been tampered with before delivery and no such signs were found; and
                (c)    the business has in place procedures to ensure that bags under its control cannot be tampered with; and
               (d)    bags are stored in a secure manner and are accessible only by persons whose names are on a written list of persons authorised by the business to have access to the bags; and
                (e)    the business keeps records relating to the delivery, storage and handling of the bags.
         (2)   The Secretary may direct a person who conducts the business to keep a list mentioned in paragraph (1) (d) or a record mentioned in paragraph (1) (e) for the period specified in the direction.
4.22T      Offence — supply of non-compliant security tamper‑evident bags
         (1)   A person who conducts a retail business (the business) within a secure area of an airport commits an offence if:
                (a)    someone working in the business seals a LAG product purchased by a person (the customer) in a bag that is represented to the customer by the business to be a security tamper-evident bag; and
               (b)    either or both of the following apply:
                          (i)    the bag does not comply with the technical specifications for security tamper-evident bags set out in the ICAO guidance material;
                         (ii)    the security requirements set out in regulation 4.22S have not been satisfied for the bag.
         (2)   For paragraph (1) (a), a business is taken to have represented to a customer that a bag is a security tamper-evident bag if signage in the premises of the business or anything said to the customer by someone working in the business would reasonably lead the customer to believe that an item placed in the bag can be taken through a screening point for LAG products at an airport outside Australia without being surrendered.
Penalty:   20 penalty units.
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.