Aviation Transport Security Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 24
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 25 February 2009
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 2009 (No. 1).
2              Commencement
                These Regulations commence on the day 10 days 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]           After Division 4.4, heading
insert
Subdivision 4.4.1        Security of cockpit in prescribed aircraft with cockpit door
[2]           Regulations 4.66 and 4.67
substitute
4.66        Definition — relevant aircraft
                In this Subdivision:
relevant aircraft means a prescribed aircraft with a cockpit door.
4.67        Offence — if cockpit door not lockable
         (1)   For paragraphs 62 (1) (aa) and (2) (a) of the Act, the operator of a relevant aircraft commits an offence if the cockpit door of the aircraft is not able to be locked when the aircraft is in flight unless:
                (a)    the cockpit door is not able to be locked because it is faulty; and
               (b)    the aircraft is being flown to a place where the lock can be repaired.
Penalty:   200 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
4.67A      Offence — failure to inform Secretary of faulty cockpit door lock
                For paragraphs 62 (1) (aa) and (2) (a) of the Act, the operator of a relevant aircraft commits an offence if:
                (a)    the lock on the cockpit door of the aircraft is faulty; and
               (b)    the operator intends to fly the aircraft to a place where the lock can be repaired; and
                (c)    the operator does not, as soon as practicable, inform the Secretary of:
                          (i)    the details of the flight the aircraft will take to the place where the lock can be repaired; and
                         (ii)    the measures that will be taken to ensure the cockpit of the aircraft is secure during the flight.
Penalty:   200 penalty units.
4.67B     Offence — no means of communication when cockpit door locked
         (1)   For paragraphs 62 (1) (aa) and (2) (a) of the Act, the operator of a relevant aircraft commits an offence if:
                (a)    the aircraft is in flight; and
               (b)    there is no means for the cabin crew and flight crew to communicate with each other when the cockpit door of the aircraft is locked.
Penalty:   200 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
4.67C     Offence — cockpit door not kept locked in flight
         (1)   For paragraphs 62 (1) (aa) and (2) (c) of the Act, the pilot in command of a relevant aircraft commits an offence if the cockpit door of the aircraft is not locked when the aircraft is in flight unless:
                (a)    it is necessary for the door to be unlocked:
                          (i)    to allow a person to enter or leave the cockpit; or
                         (ii)    for safety reasons; or
               (b)    the lock is faulty and the fault occurred during the flight; or
                (c)    the lock is faulty and the aircraft is being flown to a place where the lock can be repaired.
Penalty:   50 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
4.67D     Offence — aircraft operator authorises ineligible person to enter, or remain in, cockpit
         (1)   For paragraphs 62 (1) (a) and (2) (a) of the Act, the operator of a relevant aircraft commits an offence if:
                (a)    the operator authorises a person to enter, or remain in, the cockpit of the aircraft when the aircraft is in flight; and
               (b)    the person does not meet the requirements of subregulation (3) or (4).
Penalty:   200 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
         (3)   The person meets the requirements of this subregulation if he or she has a safety, security, operational or training purpose to enter, or remain in, the cockpit.
         (4)   The person meets the requirements of this subregulation if:
                (a)    the operator has received a written authorisation from the Secretary permitting the person to enter, or remain in, the cockpit; or
               (b)    the person is a member of a class of persons for which the operator has received a written authorisation from the Secretary permitting that class of persons to enter, or remain in, the cockpit.
Note   An authorisation by the operator of a relevant aircraft for a person to enter, or remain in, the cockpit of the aircraft under this regulation is subject to paragraph 227 (1­) (b) of the Civil Aviation Regulations 1988 which provides that a person may enter the crew compartment of an aircraft during flight only if the person is permitted by the pilot in command of the aircraft.
4.67E      Offence — pilot in command permits ineligible person to enter, or remain in, cockpit
         (1)   For paragraphs 62 (1) (a) and (2) (c) of the Act, the pilot in command of a relevant aircraft commits an offence if:
                (a)    he or she permits a person to enter, or remain in, the cockpit of the aircraft when the aircraft is in flight; and
               (b)    the person does not meet the requirements of subregulation (3) or (4).
Penalty:   50 penalty units.
         (2)   An offence against subregulation (1) is an offence of strict liability.
         (3)   A person meets the requirements of this subregulation if:
                (a)    the person is:
                          (i)    a member of the aircraft’s crew; or
                         (ii)    an employee of the aircraft operator conducting the prescribed airservice; or
                         (iii)    authorised to enter, or remain in, the cockpit of the aircraft by the aircraft operator under paragraph 4.67D (1) (a) and meets the requirements of subregulation 4.67D (3); or
                        (iv)    authorised, or required, under the Civil Aviation Regulations 1988 (except under paragraph 227 (1A) (b)) or Civil Aviation Safety Regulations 1998 to enter, or remain in, the cockpit; and
               (b)    the person holds identification that identifies the person as a person referred to in paragraph (a).
         (4)   A person meets the requirements of this subregulation if:
                (a)    the person is authorised by the aircraft operator to enter, or remain in, the cockpit under paragraph 4.67D (1) (a) and meets the requirements of paragraph 4.67D (4) (a) or (b); and
               (b)    the person is accompanied by a member of the aircraft’s crew when the person is in the cockpit; and
                (c)    the person shows identification to the pilot in command or a member of the aircraft’s crew.
Note 1   A person may enter the crew compartment of an aircraft during flight only if the person is permitted by the pilot in command of the aircraft, see paragraph 227 (1) (b) of the Civil Aviation Regulations 1988.
Note 2   Paragraph 227 (1A) (b) of the Civil Aviation Regulations 1988 permits a member of the operating crew of an aircraft to permit a person to enter, or remain in, the crew compartment of the aircraft during a flight if the person is permitted by the pilot in command.
[3]           After regulation 4.68
insert
Subdivision 4.4.2        Other on-board security measures
4.68A      Management and control of passengers
         (1)   The operator of a domestic regular public transport operation or domestic open charter operation or international regular public transport operation or international open charter operation must carry on board an aircraft enough restraining devices to permit the restraint of at least 2 passengers.
Penalty:   5 penalty units.
         (2)   The restraining devices must be stored on the aircraft in a place that:
                (a)    is readily accessible to the aircraft’s crew; and
               (b)    is not visible nor readily accessible to the aircraft’s passengers.
Penalty:   5 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.