Aviation Transport Security Amendment (Air Cargo) Act 2011
No. 180, 2011
An Act to amend the Aviation Transport Security Act 2004, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 2
3............ Schedule(s)......................................................................................... 2
Schedule 1—Amendments 3
Part 1—Accredited air cargo agents 3
Aviation Transport Security Act 2004 3
Part 2—Extension of Transport Security Programs 7
Aviation Transport Security Act 2004 7
Part 3—Certification of cargo 8
Aviation Transport Security Act 2004 8
Part 4—Training of employees of certain aviation industry participants 10
Aviation Transport Security Act 2004 10
Part 5—References to freight 11
Aviation Transport Security Act 2004 11
Aviation Transport Security Amendment (Air Cargo) Act 2011
No. 180, 2011
An Act to amend the Aviation Transport Security Act 2004, and for related purposes
[Assented to 5 December 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Aviation Transport Security Amendment (Air Cargo) Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day this Act receives the Royal Assent.
5 December 2011
2. Schedule 1, Part 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.
5 June 2012
3. Schedule 1, Part 2
The day this Act receives the Royal Assent.
5 December 2011
4. Schedule 1, Parts 3 to 5
At the same time as the provision(s) covered by table item 2.
5 June 2012
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Accredited air cargo agents
Aviation Transport Security Act 2004
1 Section 9 (after paragraph (c) of the definition of aviation industry participant)
Insert:
(ca) an accredited air cargo agent; or
2 Section 9 (definition of employee)
Repeal the definition, substitute:
employee, in relation to an aviation industry participant, means an individual:
(a) employed by the aviation industry participant; or
(b) engaged under a contract for services between the individual and the aviation industry participant.
3 Paragraph 35(3)(b)
After “paragraph (a)”, insert “or (c)”.
4 Paragraph 35(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
5 Paragraph 36(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
6 Paragraph 36(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
7 Paragraph 36A(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
8 Paragraph 36A(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
9 Paragraph 37(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
10 Paragraph 37(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
11 Paragraph 38(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
12 Paragraph 38(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
13 Paragraph 38A(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
14 Paragraph 38A(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
15 Paragraph 44(4)(b)
After “other than”, insert “an accredited air cargo agent or”.
16 Paragraph 44(4)(c)
After “committed by”, insert “an accredited air cargo agent or”.
17 Paragraph 44C(4)(b)
After “other than”, insert “an accredited air cargo agent or”.
18 Paragraph 44C(4)(c)
After “committed by”, insert “an accredited air cargo agent or”.
19 Paragraph 52(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
20 Paragraph 52(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
21 Paragraph 60(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
22 Paragraph 60(3)(c)
After “committed by”, insert “an accredited air cargo agent or”.
23 Paragraph 62(2)(b)
After “other than”, insert “an accredited air cargo agent or”.
24 Paragraph 62(2)(c)
After “committed by”, insert “an accredited air cargo agent or”.
25 Paragraph 65(3)(b)
After “other than”, insert “an accredited air cargo agent or”.
26 Paragraph 65(3)(b)
After “committed by”, insert “an accredited air cargo agent or”.
27 Subsection 73(1) (penalty)
Repeal the penalty, substitute:
Penalty: For an airport operator or an aircraft operator—200 penalty units.
For an aviation industry participant, other than an airport operator, an aircraft operator or an accredited air cargo agent—100 penalty units.
For an accredited air cargo agent—50 penalty units.
28 Subsection 79(2)
Repeal the subsection, substitute:
(2) For the purposes set out in subsection (1), an aviation security inspector may:
(a) enter and inspect a security controlled airport; or
(b) enter and inspect:
(i) any area, building (other than a residence) or vehicle under the control of an aviation industry participant; or
(ii) if an aviation industry participant operates from a residence or a part of a residence—the residence or the part of the residence from which the participant operates; or
(c) inspect equipment in a place or vehicle mentioned in paragraph (a) or (b); or
(d) observe the operating procedures of an aviation industry participant; or
(e) discuss those procedures with an employee of the aviation industry participant or with another aviation industry participant; or
(f) inspect, photograph or copy a document or record made or kept by an aviation industry participant; or
(g) operate equipment at a place mentioned in paragraph (a) or (b) for the purposes of gaining access to a document or record made or kept by an aviation industry participant.
29 Paragraph 79(3)(b)
Omit “or accredited cargo agent concerned (or both)”, substitute “concerned”.
30 Subsection 79(3A)
Repeal the subsection, substitute:
(3A) This subsection applies to the following powers:
(a) a power covered by subparagraph (2)(b)(i);
(b) a power covered by paragraph (2)(c), to the extent that it relates to subparagraph (2)(b)(i);
(c) a power covered by paragraph (2)(d) or (e);
(d) a power covered by paragraph (2)(f), to the extent that the document or record is found in the exercise of a power covered by paragraph (a), (b) or (e) of this subsection;
(e) a power covered by paragraph (2)(g), to the extent that it relates to subparagraph (2)(b)(i).
31 Subsection 102(1) (penalty)
Repeal the penalty, substitute:
Penalty: For a person with incident reporting responsibilities who is an aviation industry participant, other than an accredited air cargo agent—100 penalty units.
For any other person with incident reporting responsibilities—50 penalty units.
Part 2—Extension of Transport Security Programs
Aviation Transport Security Act 2004
32 At the end of section 20
Add:
Extension of period for certain participants
(4) Despite subsection (3), if:
(a) the aviation industry participant is a regulated air cargo agent; and
(b) the transport security program for the participant will cease to be in force before 31 December 2012;
the program is taken to be in force until the earliest of the following:
(c) 31 December 2012;
(d) the program is replaced under subsection 22(4) or 23(4);
(e) the approval of the program is cancelled under this Division.
Note 1: The following heading to subsection 20(1) is inserted “When program comes into force”.
Note 2: The following heading to subsection 20(3) is inserted “Period in which program remains in force”.
33 Application of amendment
The amendment made by item 32 of this Schedule applies in relation to transport security programs that are in force when that item commences, regardless of when they were approved.
Part 3—Certification of cargo
Aviation Transport Security Act 2004
34 Section 4 (paragraph relating to Part 4)
Omit “certification,”.
35 Section 9 (definition of certified)
Repeal the definition.
36 Paragraph 39(aa)
Omit “, certifying”.
37 Division 2A of Part 4 (heading)
Repeal the heading, substitute:
Division 2A—Examining and clearing cargo
38 Section 44A
Omit “and certified”.
39 Paragraph 44A(c)
Repeal the paragraph.
40 Subsection 44B(2)
Repeal the subsection, substitute:
(2) Cargo receives clearance if:
(a) after being examined, the cargo has been treated in accordance with regulations made for the purposes of section 44C; or
(b) the cargo has been treated in accordance with regulations made for the purposes of section 44C, and the regulations provide, or the Secretary by written notice provides, that the cargo may be so treated without being examined.
Note: The heading to section 44B is altered by omitting “, certifying”.
41 Subsection 44B(4)
Repeal the subsection.
42 Subparagraph 44C(1)(a)(ii)
Repeal the subparagraph.
Note: The heading to section 44C is altered by omitting “, certifying”.
43 Paragraph 44C(2)(g)
Omit “be certified”, substitute “receive clearance”.
Part 4—Training of employees of certain aviation industry participants
Aviation Transport Security Act 2004
44 At the end of subsection 44C(1)
Add:
; and (g) prescribe training requirements for employees of:
(i) all regulated air cargo agents or all accredited air cargo agents; or
(ii) one or more specified classes of regulated air cargo agents or accredited air cargo agents; or
(iii) one or more specified regulated air cargo agents or accredited air cargo agents.
45 After subsection 44C(1)
Insert:
(1A) The Secretary may, by legislative instrument, make a determination in relation to the matter covered by paragraph (1)(g).
46 Subsection 44C(4)
Omit “made under this section may prescribe penalties for offences against those regulations”, substitute “or other legislative instruments made for the purposes of this section may prescribe penalties for offences against those instruments”.
Part 5—References to freight
Aviation Transport Security Act 2004
47 Subsection 134(2) (definition of Australian international carriage)
Omit “freight” (wherever occurring), substitute “cargo”.
48 Subsection 134(2) (definition of bilateral arrangement)
Omit “freight” (wherever occurring), substitute “cargo”.
[Minister’s second reading speech made in—
House of Representatives on 23 March 2011
Senate on 12 May 2011]
(65/11)
