Aviation Transport Security Amendment Regulations 2008 (No. 1)

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Aviation Transport Security Amendment Regulations 2008 (No. 1)1
Select Legislative Instrument 2008 No. 58
I, PHILIP MICHAEL JEFFERY, 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 10 April 2008
By His Excellency’s Command
Minister for Infrastructure, Transport, Regional Development and Local Government
1              Name of Regulations
                These Regulations are the Aviation Transport Security Amendment Regulations 2008 (No. 1).
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]           Subregulation 4.19 (1), after the penalty
Note   For requirements for the control and supervision of baggage that is screened and cleared before it is checked in, see regulation 4.24.
[2]           Regulations 4.23 and 4.24
4.23        Offence — aircraft operator loading checked baggage that has not been cleared
                For paragraph 44 (2) (f) and subsection 44 (4) of the Act, an aircraft operator commits an offence if:
                (a)    the aircraft operator conducts a screened air service; and
               (b)    the operator loads an item of checked baggage onto an aircraft that is being used for the air service; and
                (c)    the operator knows the item has not been cleared.
Penalty:   50 penalty units.
4.24        Offence — failure of screening authority to supervise or control
         (1)   For paragraph 44 (2) (l) and subsection 44 (4) of the Act, a screening authority at a security controlled airport, or part of the airport, commits an offence if:
                (a)    a screened air service operates from the airport or part of the airport, as the case may be; and
               (b)    the screening authority:
                          (i)    carries out screening and clearing of baggage for the air service at the airport or part of the airport; and
                         (ii)    is required to carry out screening of the baggage in accordance with the specifications of a binding screening notice; and
                (c)    baggage belonging to passengers of the air service must be cleared before it is checked in; and
               (d)    the screening authority does not have appropriate procedures in place to ensure that an item cannot be placed in or on any cleared baggage during the supervision or control period.
Penalty:   50 penalty units.
         (2)   In this regulation:
binding screening notice, in relation to a screening authority, means a notice:
                (a)    given under regulation 4.17 (1); and
               (b)    binding on the authority.
Note   Subregulation 4.17 (3) sets out the requirement for a binding notice.
supervision or control period means the period that starts when baggage is cleared and ends when baggage is checked in.
[3]           Regulations 4.29 to 4.35
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.

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