Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 133(1) of the Act, before assigning a particular security controlled airport a category under subsection 28(6) of the Act, the Secretary may consider the matters set out in this regulation.
Note: Under paragraph 126(1)(ea) of the Act, application may be made to the Administrative Review Tribunal for a review of the Secretary's decision to assign a category to a particular security controlled airport.
(2) The Secretary may consider the following:
(a) whether the airport is a designated airport;
(b) whether an international air service operates to or from the airport;
(c) whether aircraft operate regular public transport operations or open charter operations to or from the airport, and if so:
(i) the seating capacity of those aircraft; and
(ii) the average number of revenue passengers that depart the airport each year as part of those operations;
(d) whether aircraft operate closed charter operations to or from the airport, and if so, the seating capacity of those aircraft.
(3) The Secretary may also consider the following:
(a) whether the design of the existing terminal at the airport will prevent the airport operator from complying with particular security screening requirements;
(b) whether it is practicable for temporary facilities to be installed at the airport so that the airport operator can comply with particular security screening requirements;
(c) the operational environment of the airport, including:
(i) the types of aircraft operating to and from the airport; and
(ii) the services those aircraft provide; and
(iii) the services available at the airport, such as refuelling and maintenance services;
(d) the number of revenue passengers that:
(i) departed the airport in each of the 3 previous financial years; and
(ii) are expected to depart the airport in the following 3 financial years;
(e) the ability of the screening authority for the airport or an area of the airport to:
(i) provide and operate security screening equipment; and
(ii) provide particular security screening services;
(f) when the airport operator expects to be able to start complying with particular security screening requirements;
(g) the social and financial implications of requiring, or not requiring, the airport to use or implement equipment or procedures specified in the Act, these Regulations, or in a notice given by the Secretary under regulation 4.17;
(h) any other matter that the Secretary considers relevant.
Example of social implications for paragraph (g): The loss of access by the local community to medical services.