Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 10.30

Giving implementation plans

  (1)   An airport operator or an aircraft operator (the relevant operator ) may give the Secretary a plan (the implementation plan ) for a security restricted area at a designated airport that complies with subregulations (3) and (4) and, if applicable, subregulation   (5).

Note:   The effect of giving an implementation plan for a security restricted area is, broadly, to delay the application of the amendments made by Schedule   2 to the amending regulations in relation to the relevant operator.

Time by which implementation plan is to be given

  (2)   The implementation plan must be given to the Secretary:

  (a)   before the commencement of Schedule   2 to the amending regulations; or

  (b)   if the Secretary:

  (i)   is satisfied that the relevant operator requires a longer period (not exceeding 3 months after that commencement) to prepare the implementation plan; and

  (ii)   gives the relevant operator written notice of that period before that commencement;

    before the end of the period specified in the notice.

Content of implementation plans--general

  (3)   The implementation plan must set out requirements for the relevant operator to enable the relevant operator to progressively achieve compliance with Subdivision   3.3.3 (as inserted by Schedule   2 to the amending regulations) in relation to the area during the period that:

  (a)   starts on the day the implementation plan is given to the Secretary; and

  (b)   ends just before the relevant operator's implementation day.

Note:   The effect of the implementation plan may be cancelled under subregulation   (7) if the relevant operator fails to comply with a requirement of the plan.

  (4)   The implementation plan must have the effect that the relevant operator will achieve compliance with particular provisions of that Subdivision as soon as reasonably practicable during that period, having regard to the relevant operator's operational and fiscal requirements.

Content of implementation plans--access control points

  (5)   If the relevant operator is an airport operator, the implementation plan must identify the location of points of entry into the security restricted area that are to be access control points for the purposes of these regulations for the security restricted area during the period:

  (a)   starting when the implementation plan is given to the Secretary; and

  (b)   ending when a TSP for the airport operator comes into force that complies with subregulation   2.18A(2) (as inserted by the amending regulations).

These regulations have effect accordingly.

Varying implementation plans

  (6)   The relevant operator may vary the implementation plan with the written agreement of the Secretary.

Cancelling the effect of implementation plans for non - compliance

  (7)   The Secretary may, by written notice given to the relevant operator, cancel the effect of the implementation plan if the Secretary is satisfied that the relevant operator has failed to comply with a requirement of the implementation plan that applies to the relevant operator.

Note:   If the effect of the implementation plan is cancelled, the relevant operator's implementation day for the security restricted area becomes the day after notice of the cancellation is given to the relevant operator: see item   2 of the table in regulation   10.27.