Aviation Transport Security Amendment Regulations 2009 (No. 2)1
Select Legislative Instrument 2009 No. 85
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 14 May 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. 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 1.03, after definition of checked in
insert
child means a person who has not turned 18 years of age.
[2]           Regulation 1.03, after definition of grey ASIC
insert
immediate family of a person means the following individuals, if they are travelling with the person:
                (a)    the person’s spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901);
               (b)    the person’s child (including an adopted child);
                (c)    a child for whom the person is a legal guardian.
[3]           Paragraph 3.20 (3) (e)
omit
regulation 4.11;
insert
regulation 4.11 or 4.12A;
[4]           Paragraph 4.09 (2) (b)
substitute
               (b)    he or she receives clearance under regulation 4.10, 4.11, 4.12 or 4.12A.
[5]           Regulation 4.12
substitute
4.12        Foreign dignitaries receiving clearance at screening point without being screened
         (1)   For paragraph 41 (2) (b) of the Act, any of the following persons may pass through a screening point without being screened:
                (a)    a Head of State of a country recognised by Australia and members of his or her immediate family;
               (b)    a Head of the government of a country recognised by Australia and members of his or her immediate family;
                (c)    a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.
         (2)   For paragraph 42 (2) (b) of the Act, carry‑on baggage of a person mentioned in subregulation (1) may pass through a screening point with the person without being screened.
Note   The Secretary may also provide for clearance by written notice under subsection 41 (2) of the Act.
4.12A      Foreign dignitaries receiving clearance other than through a screening point
         (1)   For paragraph 41 (2) (c) of the Act, any of the persons mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point if the person is accompanied by:
                (a)    a member of the Australian Federal Police who meets the requirements of subregulation 4.11 (4); or
               (b)    an officer of the Australian Customs Service who meets the requirements of subregulation 4.11 (1).
         (2)   The persons are as follows:
                (a)    a Head of State of a country recognised by Australia and members of his or her immediate family;
               (b)    a Head of the government of a country recognised by Australia and members of his or her immediate family;
                (c)    a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.
         (3)   For paragraph 42 (2) (c) of the Act, carry‑on baggage of a person mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft with the person other than through a screening point.
Note   The Secretary may also provide for clearance by written notice under subsection 41 (2) of the Act.
[6]           Regulation 4.15, at the foot
insert
Note   The carry‑on baggage of foreign dignitaries may receive clearance under subregulation 4.12 (2) or 4.12A (3).
[7]           Regulation 4.36
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 http://www.frli.gov.au.