Aviation Transport Security Amendment Regulations 2006 (No. 2)1
Select Legislative Instrument 2006 No. 45
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 2 March 2006
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
WARREN TRUSS
Minister for Transport and Regional Services
  
  
1              Name of Regulations
                These Regulations are the Aviation Transport Security Amendment Regulations 2006 (No. 2).
2              Commencement
                These Regulations commence immediately after the commencement of Schedule 2 to the Aviation Transport Security Amendment Regulations 2005 (No. 5).
Note   Schedule 2 to the Aviation Transport Security Amendment Regulations 2005 (No. 5) commences on 6 March 2006.
3              Amendment of Aviation Transport Security Regulations 2005
                Schedule 1 amends the Aviation Transport Security Regulations 2005.
4              Transitional
                The amendments made by items [3], [6], [7], [8], [9] and [10] of Schedule 1 apply in relation to an application for the issue of an ASIC:
                (a)    made, but not finally determined, before 6 March 2006; or
               (b)    made after 5 March 2006.
Schedule 1        Amendments
(regulation 3)
  
[1]           Regulation 3.13, definition of exempt person, paragraph (c)
omit
emergency.
insert
emergency; or
[2]           Regulation 3.13, definition of exempt person, after paragraph (c)
insert
               (d)    a person to whom the Secretary has given an exemption under regulation 3.08.
[3]           Regulation 6.02
substitute
6.02        Background checking
         (1)   A reference in this Part to background checking, in relation to a person, is a reference to:
                (a)    the AFP conducting a criminal records check in relation to the person; and
               (b)    an assessment by the Secretary, under regulation 6.27A, to determine whether the person has an adverse criminal record; and
                (c)    a security assessment conducted by ASIO in relation to the person; and
               (d)    if the person is not an Australian citizen, DIMIA determining whether the person is an unlawful citizen.
         (2)   In this regulation:
adverse criminal record has the same meaning as in subregulation 6.28 (2A).
[4]           Subregulation 6.26 (2)
omit
in writing and,
insert
in a form approved by the Secretary and,
[5]           Paragraphs 6.26  (2) (a) and (b)
substitute
                (a)    a form, signed by the person, that states that the person gives his or her consent to a criminal records check being conducted by the AFP in relation to the person; and
               (b)    a form, signed by the person, that states that the person gives his or her consent to his or her personal information being passed between the Department, the AFP, ASIO, CASA, DIMIA and the issuing body.
[6]           After regulation 6.27
insert
6.27A      Assessment of criminal history certificates
         (1)   If an issuing body proposes to issue an ASIC to a person, the Secretary must conduct an assessment, based on a criminal history certificate received from the AFP, to determine whether the person has an adverse criminal record.
         (2)   If the Secretary determines that the person does not have an adverse criminal record, the Secretary must give the issuing body a notice stating that:
                (a)    the Secretary has conducted an assessment, based on a criminal history certificate received from the AFP, to determine whether the person has an adverse criminal record; and
               (b)    based on the criminal history certificate, the person does not have an adverse criminal record.
         (3)   If the Secretary determines that the person has an adverse criminal record, the Secretary must:
                (a)    give the issuing body a notice that includes:
                          (i)    a statement of the fact that the person has an adverse criminal record; and
                         (ii)    a direction not to issue the ASIC to the person; and
               (b)    give the person a notice stating that the Secretary has given the issuing body a direction not to issue the ASIC to the person because the person has an adverse criminal record.
         (4)   An issuing body must not issue an ASIC to a person in contravention of a direction under subparagraph (3) (a) (ii).
Penalty:   20 penalty units.
         (5)   In this regulation:
adverse criminal record has the same meaning as in subregulation 6.28 (2A).
[7]           Paragraph 6.28 (1) (d)
substitute
               (d)    the issuing body has received a notice from the Secretary stating that:
                          (i)    the Secretary has conducted an assessment, based on a criminal history certificate received from the AFP, to determine whether the person has an adverse criminal record; and
                         (ii)    the person does not have an adverse criminal record; and
[8]           Subparagraph 6.28 (1) (e) (ii)
omit
subregulation 6.31 (2)
insert
paragraph 6.31 (3) (a)
[9]           Subregulation 6.30 (1)
omit
paragraph 6.28 (1) (c), (d), or (f),
insert
paragraph 6.28 (1) (c) or (f),
[10]         Regulation 6.31, except the note
substitute
6.31        Persons the subject of adverse or qualified security assessments
         (1)   If an issuing body proposes to issue an ASIC to a person and a security assessment of a person is an adverse security assessment, the Secretary must:
                (a)    give the issuing body a written direction not to issue the ASIC to the person; and
               (b)    give the person a notice stating that the Secretary has given the issuing body a direction not to issue the ASIC to the person.
         (2)   Subregulation (3) applies if:
                (a)    an issuing body proposes to issue an ASIC to a person; and
               (b)    a security assessment of a person is a qualified security assessment.
         (3)   If the Secretary is satisfied that the holding of an ASIC by the person would constitute a threat to aviation security:
                (a)    the Secretary may give the issuing body a written direction not to issue the ASIC to the person; and
               (b)    if the Secretary gives the issuing body a direction under paragraph (a) — the Secretary must give the person a notice stating that the Secretary has given the issuing body a direction not to issue the ASIC to the person.
         (4)   An issuing body must not issue an ASIC to a person in contravention of a direction under paragraph (1) (a) or (3) (a).
Penalty:   20 penalty units.
         (5)   In this regulation:
adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
[11]         Before paragraph 8.02 (3) (a)
insert
              (aa)    to direct an issuing body not to issue an ASIC to a person; or
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.