Aviation Transport Security Amendment Regulations 2007 (No. 3)1
Select Legislative Instrument 2007 No. 276
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 6 September 2007
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
MARK ANTHONY JAMES VAILE
Minister for Transport and Regional Services
1              Name of Regulations
                These Regulations are the Aviation Transport Security Amendment Regulations 2007 (No. 3).
2              Commencement
         (1)   These Regulations commence immediately after the commencement of items 1 to 33 of Schedule 2 to the Aviation Transport Security Amendment Act 2006.
         (2)   However, item 6 of Schedule 1 commences immediately after item 5 of that Schedule.
3              Amendment of Aviation Transport Security Regulations 2005
                Schedule 1 amends the Aviation Transport Security Regulations 2005.
4              Transitional
                A person that, immediately before the commencement of this regulation, was a RACA under regulation 4.43 is taken to continue to be a RACA for regulation 4.43.
Schedule 1        Amendments
(regulation 3)
  
[1]           Regulation 2.41
substitute
2.41        What aircraft operator’s TSP must contain — security of cargo etc
         (1)   The TSP must set out the methods, techniques and equipment to be used for the examination of cargo if the operator operates a prescribed air service and either:
                (a)    examines cargo itself; or
               (b)    has another person, who is not a RACA or an aircraft operator, examine cargo on its behalf.
         (2)   The TSP must set out the procedures for receipt and handling of cargo.
         (3)   The TSP must set out measures and procedures to be used to ensure the security of cargo at all times, including supervising and controlling access to cargo that has received clearance.
         (4)   The TSP must set out measures and procedures to be used to ensure the security of diplomatic mail.
         (5)   The TSP must set out measures and procedures to be used for handling and treating suspect cargo.
[2]           Regulation 2.48
substitute
2.48        Scope of RACA’s TSP
         (1)   The TSP must set out the measures and procedures to be used to:
                (a)    examine, handle, store and transport cargo in a secure manner; and
               (b)    make arrangements for the secure movement of cargo.
         (2)   The measures and procedures must be applied:
                (a)    to cargo that is in the RACA’s possession or under the RACA’s control; and
               (b)    at each site or facility that is covered by the TSP.
[3]           After subregulation 2.51 (1)
insert
      (1A)   The TSP must set out the methods, techniques and equipment to be used for the examination of cargo.
[4]           After paragraph 2.54 (2) (b)
insert
              (ba)    whether the RACA is operating as a cargo terminal operator or a consolidator at the site or facility; and
[5]           Subdivisions 4.1.3 and 4.1.4
omit
[6]           After subdivision 4.1.2
insert
Division 4.1A        Examining, certifying and clearing cargo
Subdivision 4.1A.1     Requirements for examining, certifying and clearing cargo
4.40        Examining cargo
         (1)   For subparagraph 44C (1) (a) (i) and paragraph 44C (2) (e) of the Act, a person who is examining cargo that will be carried on a prescribed aircraft must examine the cargo to detect unauthorised explosives that may be present in the cargo.
         (2)   Subregulation (1) does not apply to cargo for which the Secretary has issued a written notice under paragraph 44B (2) (b) of the Act.
         (3)   A RACA or an aircraft operator must conduct the examination in accordance with:
                (a)    the RACA or aircraft operator’s TSP; and
               (b)    if a written notice is issued by the Secretary under subregulation (4) — the written notice.
         (4)   For subsection 44C (3) of the Act, the Secretary may issue a written notice to:
                (a)    an aircraft operator; and
               (b)    a RACA who is operating as a cargo terminal operator or a consolidator at a site or facility, as mentioned in the RACA’s TSP.
         (5)   The notice may state:
                (a)    the types of cargo to be examined in accordance with the notice; and
               (b)    the methods, techniques and equipment to be used for examining the types of cargo; and
                (c)    the procedures for handling the types of cargo after the cargo has been examined.
         (6)   A RACA or an aircraft operator to whom a notice is issued under subregulation (4) must comply with the notice.
Penalty:   100 penalty units.
         (7)   A contravention of subregulation (6) is an offence of strict liability.
4.41        Certifying and clearing cargo
         (1)   An aircraft operator may certify cargo by loading the cargo onto an aircraft.
         (2)   An aircraft operator must only carry on a prescribed aircraft cargo that has been cleared.
Penalty:  100 penalty units.
         (3)   An offence against subregulation (2) is an offence of strict liability.
         (4)   For paragraph 44C (2) (h) of the Act, an aircraft operator must, in accordance with the operator’s TSP, supervise and control access to cargo that has received clearance.
Subdivision 4.1A.2     Designating regulated air cargo agents
4.42        Regulated air cargo agents
                For paragraph 44C (2) (i) of the Act, a person is a RACA if the person:
                (a)    carries on a business that includes the handling, or making arrangements for transport, of cargo to be carried on a prescribed air service; and
               (b)    is designated as a RACA under regulation 4.43.
4.43        How to become a RACA
         (1)   A person carrying on a business mentioned in paragraph 4.42 (a) may apply, in writing, to the Secretary to be designated as a RACA.
         (2)   The application must contain the following information:
                (a)    if the applicant is a company:
                          (i)    the name of the company; and
                         (ii)    the ACN of the company; and
                         (iii)    if the company trades under another name, the trading name;
               (b)    if the applicant is a partnership:
                          (i)    the name of the partnership; and
                         (ii)    the full name of each partner;
                (c)    if the applicant is an incorporated association:
                          (i)    the name of the association; and
                         (ii)    the full name of each member of the association; and
                         (iii)    if the association trades under another name, the trading name;
               (d)    in any other case:
                          (i)    the applicant’s full name; and
                         (ii)    if the applicant trades under another name, the trading name;
                (e)    the postal address, street address, telephone number, fax number (if any) and email address (if any) of the applicant’s principal office in Australia and each of the applicant’s sites in Australia that will be covered by the applicant’s TSP;
                (f)    if the applicant has a business name registered under the law of a State or Territory — the business name, its registration number and a copy of the certificate of registration.
         (3)   In the application, the applicant must undertake that, if the applicant is designated as a RACA, the applicant will notify the Secretary in writing within 7 working days after becoming aware of a significant change to the applicant’s circumstances as they existed at the time of making the application.
         (4)   The Secretary may, in writing, designate the applicant as a RACA if the Secretary is satisfied that:
                (a)    the applicant’s application contains the information required by subregulation (2); and
               (b)    the applicant’s application contains the undertaking mentioned in subregulation (3); and
                (c)    the applicant’s business includes handling or making arrangements for transporting cargo.
         (5)   The Secretary must, within 14 days of making a decision on the application, notify the applicant in writing of the decision.
         (6)   If the decision is to refuse the application, the notice must contain the reasons for the decision.
4.44        Revocation of RACA designation
         (1)   The Secretary may revoke the designation of a person as a RACA if:
                (a)    any information given in the RACA’s application is false; or
               (b)    the RACA’s business no longer includes handling or making arrangements for transporting cargo; or
                (c)    a significant change to the RACA’s circumstances has occurred since the RACA’s application or TSP was made and the RACA has not told the Secretary about the changes; or
               (d)    the RACA has failed to comply with a special security direction under section 73 of the Act; or
                (e)    the RACA does not have a TSP approved by the Secretary; or
                (f)    the RACA has asked the Secretary, in writing, to have the designation as a RACA revoked; or
                (g)    the Secretary is reasonably satisfied that the RACA’s designation poses a threat to aviation security.
         (2)   If the Secretary revokes the designation of a person as a RACA, he or she must notify the person, in writing, of the decision, and the reasons for it, within 14 days of the revocation.
4.45        Secretary’s list of regulated air cargo agents
         (1)   The Secretary must keep a list of persons designated as RACAs.
         (2)   The Secretary may publish the list.
4.46        Disclosure of information
         (1)   An aviation industry participant must not disclose to a person security measures and procedures to be applied to cargo.
Penalty:   50 penalty units.
         (2)   However, an aviation industry participant may disclose security measures and procedures that will or will not be applied to particular cargo, where the disclosure is in accordance with the aviation industry participant’s TSP.
         (3)   An aviation industry participant must not disclose details about the airline or flight on which particular cargo will be carried, other than where the disclosure is in accordance with the aviation industry participant’s TSP.
Penalty:   50 penalty units.
         (4)   An aviation industry participant must make a record of persons who are given airline or flight information under subregulation (3).
Penalty:   20 penalty units.
         (5)   An aviation industry participant must keep the record for 3 years.
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 www.frli.gov.au.