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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aviation Transport Security Amendment
Bill 2018
No. , 2018
(Home Affairs)
A Bill for an Act to amend the Aviation Transport
Security Act 2004, and for related purposes
No. , 2018
Aviation Transport Security Amendment Bill 2018
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
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Aviation Transport Security Act 2004
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No. , 2018
Aviation Transport Security Amendment Bill 2018
1
A Bill for an Act to amend the Aviation Transport
1
Security Act 2004, and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act is the Aviation Transport Security Amendment Act 2018.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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2
Aviation Transport Security Amendment Bill 2018
No. , 2018
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
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this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2018
Aviation Transport Security Amendment Bill 2018
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Schedule 1--Amendments
1
2
Aviation Transport Security Act 2004
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1 Section 4 (paragraph relating to Part 2)
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Omit "detail", substitute "set out".
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2 Section 11
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Omit:
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The content and form of transport security programs is dealt with
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in Division 4.
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The approval of transport security programs by the Secretary is
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dealt with in Division 5. That Division also deals with the variation
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and revision of programs, and with the cancellation of the approval
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of programs.
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substitute:
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An aviation industry participant may give the Secretary a transport
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security program for approval. The content and form of such
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programs is dealt with in Division 4. Division 5 deals with the
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approval, variation, revision, and cancellation of the approval of,
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such programs.
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If the Secretary is satisfied that it is appropriate to do so, taking
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into account existing circumstances as they relate to aviation
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security, the Secretary may give a transport security program to an
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aviation industry participant. This is dealt with in Division 6. That
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Division also deals with the content, revision and cancellation of
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such programs.
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3 Division 4 of Part 2 (at the end of the heading)
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Add "given to the Secretary".
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4 Division 4 of Part 2 (after the heading)
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Insert:
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Schedule 1 Amendments
4
Aviation Transport Security Amendment Bill 2018
No. , 2018
15A Application of this Division
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This Division applies to a transport security program other than a
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transport security program given by the Secretary under Division 6.
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5 Division 5 of Part 2 (at the end of the heading)
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Add "given to the Secretary".
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6 Division 5 of Part 2 (after the heading)
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Insert:
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17A Application of this Division
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This Division applies to a transport security program other than a
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transport security program given by the Secretary under Division 6.
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7 At the end of Part 2
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Add:
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Division 6--Programs given by the Secretary
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26B Secretary may give participants a program
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(1) The Secretary may, by written notice, give a transport security
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program to an aviation industry participant referred to in
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subsection 12(1).
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(2) The notice must set out, or be accompanied by writing that sets out,
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the transport security program for the participant.
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(3) The Secretary may give a participant a transport security program
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under subsection (1) only if the Secretary is satisfied that it is
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appropriate to do so, taking into account existing circumstances as
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they relate to aviation security.
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26C Content of programs
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(1) A transport security program that is given to an aviation industry
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participant under section 26B must:
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Amendments Schedule 1
No. , 2018
Aviation Transport Security Amendment Bill 2018
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(a) set out the minimum security requirements that the
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participant must comply with for the purposes of
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safeguarding against unlawful interference with aviation; and
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(b) deal with any other matter required to be dealt with in the
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program by regulations made for the purposes of
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subsection (2); and
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(c) be appropriate for the operations or locations covered by the
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program.
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(2) The regulations may prescribe other matters that are to be dealt
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with in one or more of the following:
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(a) each transport security program given under section 26B;
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(b) each transport security program for a particular kind of
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aviation industry participant given under section 26B;
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(c) each transport security program for a particular class of a
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particular kind of aviation industry participant given under
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section 26B.
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(3) A transport security program that is given to an aviation industry
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participant under section 26B may require the participant to have in
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place any of the following:
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(a) procedures to manage and coordinate aviation security
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activities within the participant's operation;
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(b) procedures to coordinate the management of aviation security
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with other parties (including Commonwealth agencies) who
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have responsibilities for, or are connected with, aviation;
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(c) technology, equipment and procedures that will be used by
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the participant to maintain aviation security;
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(d) a plan for how the participant will respond to aviation
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security incidents;
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(e) practices and procedures to protect security compliance
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information.
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26D When a program is in force
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When program comes into force
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(1) A transport security program given under section 26B comes into
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force at the time specified in the notice giving the program. The
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time specified must not be earlier than the time the notice is given.
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Schedule 1 Amendments
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Aviation Transport Security Amendment Bill 2018
No. , 2018
Period in which program remains in force
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(2) The program remains in force until the earliest of the following
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times:
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(a) if the notice giving the program specifies a time at which the
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program ceases to be in force--that time;
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(b) if the program is replaced under section 26F--the time of
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replacement;
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(c) if the program is cancelled under section 26F, 26G or 26H--
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the time of cancellation.
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26E Relationship with Division 5
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If a transport security program given to an aviation industry
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participant under section 26B is in force, the participant must not
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give the Secretary another transport security program under
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Division 5 unless the Secretary has given the participant written
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permission to do so.
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Note:
The permission could be a permission under subsection 12(2).
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26F Secretary may revise or cancel inadequate programs
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(1) This section applies if:
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(a) a transport security program given to an aviation industry
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participant under section 26B (the existing program) is in
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force; and
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(b) the Secretary is no longer satisfied that the existing program
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is appropriate:
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(i) because there is a change in the circumstances that
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relate to aviation security; or
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(ii) because there is a change in circumstances that could
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impact on aviation security; or
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(iii) for some other reason.
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(2) The Secretary may:
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(a) give the participant another transport security program under
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section 26B (a revised program); or
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(b) by written notice to the participant, cancel the existing
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program.
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Amendments Schedule 1
No. , 2018
Aviation Transport Security Amendment Bill 2018
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(3) If the Secretary gives the participant a revised program, the revised
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program replaces the existing program when it comes into force.
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26G Cancelling for failure to comply
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(1) If:
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(a) a transport security program given to an aviation industry
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participant under section 26B is in force; and
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(b) the participant has accumulated the number of demerit points
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prescribed by the regulations as the number necessary for the
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Secretary to be able to cancel the program;
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the Secretary may, by written notice given to the participant, cancel
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the program.
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Note:
For the demerit points system, see Division 5 of Part 8.
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(2) Before cancelling a program under subsection (1), the Secretary
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may, by written notice given to the participant, request the
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participant to show cause why the program should not be
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cancelled.
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26H Cancelling programs on request
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(1) An aviation industry participant may, in writing, request the
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Secretary to cancel a transport security program given to the
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participant under section 26B.
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(2) The request must set out reasons for making the request.
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(3) The Secretary may, by written notice given to the participant,
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cancel the program if the Secretary is satisfied that it is appropriate
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to do so, taking into account existing circumstances as they relate
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to aviation security.
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(4) If the Secretary is not so satisfied, the Secretary must:
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(a) refuse to cancel the program; and
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(b) give the participant written notice of the refusal.
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(5) If the Secretary does not cancel, or refuse to cancel, the program
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within the period of 60 days after the request was given, the
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Secretary is taken to have refused to cancel the program.
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Schedule 1 Amendments
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Aviation Transport Security Amendment Bill 2018
No. , 2018
8 Subsection 125(1)
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Repeal the subsection, substitute:
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(1) The regulations may establish a system (the demerit points system)
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under which, if an aviation industry participant accrues a
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prescribed number of demerit points:
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(a) the approval under Division 5 of Part 2 of a transport security
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program of the participant may be cancelled; or
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(b) a transport security program given to the participant under
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Division 6 of Part 2 may be cancelled.
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Note:
For cancellations referred to in paragraph (a), see section 26. For
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cancellations referred to in paragraph (b), see section 26G.
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9 After paragraph 126(1)(d)
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Insert:
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(da) to give a participant a transport security program under
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section 26B (including a revised transport security program
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as referred to in section 26F); or
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(db) to cancel a transport security program under section 26F or
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26G; or
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(dc) to refuse to cancel a transport security program under
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section 26H; or
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