Aviation Transport Security Amendment Regulations 2009 (No. 3)1
Select Legislative Instrument 2009 No. 172
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 9 July 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. 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] After subregulation 2.14 (2)
insert
(3) If an enhanced inspection area has been established at the airport, the TSP must set out information about the surveillance measures and procedures used to deter and detect unauthorised access to the area.
[2] After regulation 2.18
insert
2.18A What airport operator’s TSP must contain — enhanced inspection area screening
(1) This regulation applies to the TSPs for the operators of the following airports:
(a) Adelaide Airport;
(b) Alice Springs Airport;
(c) Brisbane Airport;
(d) Cairns Airport;
(e) Canberra Airport;
(f) Coolangatta Airport;
(g) Darwin Airport;
(h) Hobart Airport;
(i) Melbourne Airport;
(j) Perth Airport;
(k) Sydney Airport.
(2) If a screened air service operates from an airport, the airport operator’s TSP must set out the following matters:
(a) measures, equipment and procedures for carrying out screening in the area, including:
(i) the locations where screening is undertaken; and
(ii) details of the screening equipment used; and
(iii) details of the screening officers operating the screening equipment; and
(b) details of training that will be provided to screening officers that carry out screening for the area; and
(c) measures and procedures for responding to the detection of weapons.
(3) For paragraph (2) (b):
(a) the training must be training that meets all of the training requirements of paragraphs 5.06 (1) (d) and (e); and
(b) paragraph 5.06 (1) (d) applies as if the reference in subparagraph (i) of that paragraph to a sterile area were a reference to an enhanced inspection area.
(4) If a screened air service operates from an airport at which an enhanced inspection area has been established, but the airport operator does not carry out screening for the area, the TSP must specify the screening authority that carries out screening for the area.
[3] After subregulation 2.32 (2)
insert
(3) If:
(a) the facilities are next to or form part of an enhanced inspection area; and
(b) the operator controls a designated access point to the area;
the TSP must set out information about the surveillance measures and procedures used to deter and detect unauthorised access to the area.
(4) In paragraph (3) (b), designated access point means an access point designated by the operator.
[4] After regulation 2.35
insert
2.35A What aircraft operator’s TSP must contain — enhanced inspection area screening
(1) If an aircraft operator carries out screening for an enhanced inspection area, the TSP must set out:
(a) measures, equipment and procedures for carrying out screening for the area, including:
(i) the locations where screening is undertaken; and
(ii) details of the screening equipment used; and
(iii) details of the screening officers operating the screening equipment; and
(b) details of training that will be provided to screening officers that carry out screening for the area; and
(c) measures and procedures to respond to the detection of weapons.
(2) For paragraph (1) (b):
(a) the training must be training that meets all of the training requirements of paragraphs 5.06 (1) (d) and (e); and
(b) paragraph 5.06 (1) (d) applies as if the reference in subparagraph (i) of that paragraph to a sterile area were a reference to an enhanced inspection area.
(3) If the aircraft operator does not carry out screening for the area, the TSP must specify the screening authority that carries out screening for the area.
[5] Regulation 3.01
omit
type of airside security zone is prescribed — that is, the security restricted area.
insert
types of airside security zones are prescribed:
(a) the security restricted area;
(b) the enhanced inspection area.
[6] Before regulation 3.13
insert
Subdivision 3.3.1 Preliminary
[7] Regulation 3.13, before definition of exempt person
insert
exempt goods, in relation to an enhanced inspection area at an airport, means any of the following:
(a) baggage that has been cleared;
(b) cargo that has been cleared;
(c) goods, of a particular kind, that:
(i) are provided by a person (the regular provider) who has established an arrangement, recorded in writing, with an aviation industry participant for the supply of goods of that kind; and
(ii) have not been accessible to unauthorised persons from the time the goods are accepted from the regular provider by the aviation industry participant, until the start of a screened air service for which the goods are taken on board an aircraft;
(d) duty free items that:
(i) are intended for supply by an aircraft operator, or a duty free shop, operating from the airport; and
(ii) are items that have been authorised by the airport operator for the airport as being items needed for delivery to an aircraft located in the area, or as items that must be carried through the area for delivery;
(e) items that:
(i) are carried by a private security contractor; and
(ii) are contained in an armoured vehicle that displays the livery of the contractor; and
(iii) remain under the lawful authority of a uniformed member of the contractor’s staff who properly displays a valid red ASIC if required do so under regulation 3.03; and
(iv) need to be delivered to, or carried through, the area with the consent of the airport operator;
(f) goods under the lawful control of any of the following:
(i) a law enforcement officer;
(ii) a member of the Australian Defence Force (ADF);
(iii) a member of a visiting force, within the meaning of the Defence (Visiting Forces) Act 1963, on training exercises or operations with the ADF;
(g) goods that the Secretary by written notice has provided, under paragraph 42 (2) (b) of the Act, may pass through a screening point for the area without being screened.
Note The requirement to display a valid red ASIC arises under paragraph 3.03 (1) (a). Subregulations 3.03 (4) to (4B) affect when and where this requirement applies.
[8] Regulation 3.13, after definition of exempt person
insert
exempt vehicle, in relation to an enhanced inspection area at an airport, means any of the following:
(a) a vehicle that:
(i) has been screened at an enhanced inspection area screening point at the airport; and
(ii) after being screened, is allowed, by a screening officer, to pass through the screening point into the area; and
(iii) since being allowed to pass through the screening point, has not left the airside area of the airport;
(b) a vehicle, whether or not it has been screened, carrying any of the following persons to an aircraft at the airport for boarding if the persons have been screened and allowed by a screening officer to pass through a screening point:
(i) a member of the crew of the aircraft;
(ii) passengers;
(c) a vehicle used for the official duties of an exempt person;
(d) an armoured vehicle carrying exempt goods.
[9] Regulation 3.14
substitute
3.14 Common boundaries of areas and zones
(1) If a boundary within an airside area is a common boundary for the airside area and an enhanced inspection area, only the requirements for signs applicable to the enhanced inspection area apply.
(2) If a boundary within an airside area is a common boundary for the airside area and a security restricted area, only the requirements for signs applicable to the security restricted area apply.
(3) If a boundary within an airside area is a common boundary for an enhanced inspection area and a security restricted area, only the requirements for signs applicable to the security restricted area apply.
[10] After regulation 3.15
insert
Subdivision 3.3.2 Security restricted area
[11] After regulation 3.16
insert
Subdivision 3.3.3 Enhanced inspection area
3.16A Purpose and application of Subdivision
(1) This Subdivision sets out the additional security requirements applicable to an airside security zone that is an enhanced inspection area.
(2) This Subdivision applies to an enhanced inspection area of an airport when the Secretary establishes such a zone within the airside area of the airport.
Note An enhanced inspection area is a type of airside security zone prescribed under regulation 3.01. Under section 30 of the Act, the Secretary may establish an airside security zone within the airside area of a security controlled airport by written notice given to the airport operator of the airport.
3.16B Requirements for enhanced inspection area generally
For subsection 36 (1) of the Act, the requirements in regulation 3.16 dealing with security restricted areas are prescribed and apply to enhanced inspection areas as if a reference in regulation 3.16 to a security restricted area were a reference to an enhanced inspection area.
3.16C Additional security requirements for enhanced inspection area — entry point screening
(1) This regulation is made for sections 36 and 44 of the Act.
(2) This regulation applies only at an airport listed in subregulation 2.18A (1) from or to which a screened air service operates.
(3) A responsible aviation industry participant must, during traffic periods at the airport:
(a) establish and maintain a screening point at every point of entry into an enhanced inspection area from an area occupied or controlled by the participant; and
(b) adopt appropriate measures to deter and detect unauthorised access to the enhanced inspection area; and
(c) if an area is not continuously used as an enhanced inspection area, ensure the area is inspected and cleared of unauthorised weapons and explosives before it is so used.
(4) For paragraph 44 (2) (b) of the Act, the screening point must screen for weapons only.
(5) The screening point must be operated by a screening authority and be able to screen the things mentioned in subregulation (4).
(6) The responsible aviation industry participant must do the following:
(a) require all goods, persons and vehicles entering the enhanced inspection area to enter the area through an enhanced inspection area screening point;
(b) require all goods, persons and vehicles entering the enhanced inspection area from or through an area occupied or controlled by the responsible aviation industry participant, other than exempt goods, exempt persons or exempt vehicles, to be screened before passing through the screening point;
(c) ensure that all goods, persons and vehicles screened at the screening point receive clearance before entering the enhanced inspection area;
(d) carry out screening in accordance with any methods, techniques and equipment that apply to the authority as specified in a notice:
(i) issued by the Secretary under regulation 4.17; and
(ii) that is binding, under subregulation 4.17 (3), on the responsible aviation industry participant.
(7) The responsible aviation industry participant commits an offence if the participant does not comply with a requirement in subregulation (3), (4), (5) or (6).
Penalty:
(a) if the responsible aviation industry participant is an airport operator or an aircraft operator — 200 penalty units; or
(b) in any other case — 100 penalty units.
3.16D Additional security requirements for enhanced inspection area — random screening in area
(1) This regulation is made for sections 36 and 44 of the Act.
(2) This regulation applies only at an airport listed in subregulation 2.18A (1) from or to which a screened air service operates.
(3) This regulation applies to a responsible aviation industry participant who occupies or controls an area of the airport that includes a point of entry into an enhanced inspection area.
(4) The responsible aviation industry participant must conduct random inspections within the enhanced inspection area during traffic periods at the airport.
(5) For paragraph 44 (2) (b) of the Act, the screening point must screen for weapons only.
(6) The screening point must be operated by a screening authority and be able to screen the things mentioned in subregulation (5) in accordance with the requirements of paragraph (7) (b).
(7) The responsible aviation industry participant must do the following at the screening point:
(a) randomly select for screening goods, persons or vehicles that have entered the enhanced inspection area;
(b) screen the goods, persons or vehicles (other than exempt goods, exempt persons and exempt vehicles) in accordance with the methods, techniques and equipment specified in a notice:
(i) issued by the Secretary under regulation 4.17; and
(ii) that is binding, under subregulation 4.17 (3), on the responsible aviation industry participant.
(8) The responsible aviation industry participant commits an offence if the participant does not comply with a requirement in subregulation (4), (5), (6) or (7).
Penalty:
(a) if the responsible aviation industry participant is an airport operator or an aircraft operator — 200 penalty units; or
(b) in any other case — 100 penalty units.
(9) This regulation does not authorise the screening of exempt goods, exempt persons or exempt vehicles that have entered the enhanced inspection area.
[12] Before regulation 3.17
insert
Subdivision 3.3.4 Offences
[13] After regulation 3.17
insert
3.17A Offence — not operating enhanced inspection area screening point (entry point screening)
(1) This regulation is made for paragraph 44 (2) (a) of the Act.
(2) A person commits an offence if:
(a) the person is a screening authority responsible for operating an enhanced inspection area screening point of the kind mentioned in regulation 3.16C at an airport; and
(b) an aircraft operating a screened air service is at the airport; and
(c) the screening point has been established and maintained by a responsible aviation industry participant to meet the requirements in subregulation 3.16C (6); and
(d) at a particular time, it is a traffic period at the airport; and
(e) at that time, the screening authority does not have in place adequate measures to ensure:
(i) that persons, goods or vehicles entering the enhanced inspection area do not enter the area other than through the screening point; and
(ii) that persons, goods or vehicles (other than exempt persons, exempt goods or exempt vehicles) do not enter the enhanced inspection area without being screened.
Penalty: 50 penalty units.
3.17B Offence — sign at enhanced inspection area screening point
(1) This regulation is made for paragraph 44 (2) (k) of the Act.
(2) A person commits an offence if:
(a) the person is a responsible aviation industry participant for an enhanced inspection area at an airport; and
(b) the participant has established an enhanced inspection area screening point for the enhanced inspection area; and
(c) the participant does not display, at the enhanced inspection area screening point, a sign that is:
(i) 0.4 m wide and 0.3 m high; and
(ii) in the following form:
Commonwealth of Australia
WARNING!
Enhanced inspection area screening point in operation.
Weapons must not be taken past this point without authority.
Maximum penalty exceeds $2000.00
(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)
Penalty:
(a) if the responsible aviation industry participant is an airport operator or an aircraft operator — 200 penalty units; or
(b) in any other case — 100 penalty units.
3.17C Offence — not preventing entry to enhanced inspection area
(1) This regulation is made for subparagraph 44 (2) (d) (ii) of the Act.
(2) A person commits an offence if:
(a) the person is the responsible aviation industry participant operating an enhanced inspection area screening point of the kind mentioned in regulation 3.16C at an airport; and
(b) an aircraft operating a screened air service is at the airport; and
(c) at a particular time, it is a traffic period at the airport; and
(d) at that time, the aviation industry participant does not have in place adequate measures to ensure:
(i) that persons, goods or vehicles entering the enhanced inspection area from an area occupied or controlled by the participant do not do so other than through that screening point; and
(ii) that persons, goods or vehicles (other than exempt persons, exempt goods or exempt vehicles) are screened before they enter the enhanced inspection area:
(A) from an area occupied or controlled by the participant; or
(B) through an access point controlled by the participant.
Penalty: 50 penalty units.
[14] Before regulation 3.18
insert
Subdivision 3.3.5 Emergency Access
[15] Subregulation 3.18 (1)
omit
or airside security zone
insert
or any airside security zone
[16] Paragraph 4.04 (2) (b)
omit
explosives.
insert
explosives; and
[17] After paragraph 4.04 (2) (b)
insert
(c) in a vehicle or in goods entering an enhanced inspection area — weapons.
[18] Subregulation 4.05 (2)
substitute
(2) Subject to subregulation (3), a weapon detected during screening must be:
(a) surrendered to a screening authority; and
(b) stored and handled in accordance with subregulation 4.57 (2).
(3) Subregulation (2) does not apply if:
(a) a weapon is detected by a screening authority for a particular screening area; and
(b) the weapon is in the possession of a person authorised under Division 4.2 to have the weapon:
(i) in his or her possession; and
(ii) in the screening area.
Note Division 4.2 deals with weapons, and the classes of persons authorised to possess weapons in secure areas. Regulation 4.52 authorises an aviation industry participant to have some types of weapon in an airside security zone if the weapon is a tool of trade controlled by the participant.
[19] Regulation 4.09
substitute
4.09 Circumstances in which persons may enter certain areas without being screened
(1) This regulation is made for subparagraph 44 (2) (d) (ii) of the Act.
(2) A person must be cleared before entering an enhanced inspection area or a sterile area unless the person:
(a) has entered the area from the airside after disembarking from a screened air service; or
(b) may pass through a screening point under regulation 4.10.
[20] Regulation 4.10, heading
substitute
4.10 Persons who may pass through screening point without being screened
[21] Regulation 4.11, heading
substitute
4.11 Persons who may enter etc certain areas other than through screening point
[22] Subregulations 4.11 (3) and (4)
after
enter
insert
an enhanced inspection area or
[23] Subparagraph 4.55 (b) (iii)
omit
in,
insert
in or to be loaded onto the aircraft,
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.
