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AIR NAVIGATION REGULATION (AMENDMENT) 1991 NO. 193
EXPLANATORY STATEMENTStatutory Rules 1991 No. 193
Issued by Authority of the Minister for Transport and Communications
Air Navigation Act 1920
Air Navigation Regulation (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations for the purposes of the Act.
Aviation security standards are being upgraded throughout Australia. The amending Regulations, which amend the Air Navigation Regulations (the Regulations), are part of that upgrading. The aviation industry has been consulted during the development of the amending Regulations and its views have been fully considered. In general, the industry supports the amendments to the Regulations.
The amending Regulations insert 4 new Divisions into Part XVIA of the Regulations. Part XVIA is concerned with aviation security.
New Division lA, entitled Aviation Security and Air Services, provides for the following:
• requirements for reporting of threats to aircraft and aerodromes and of incidents of unlawful interference;
• screening of aircraft passengers and their baggage;
• entry of vehicles onto aerodromes;
• the display of aviation security signs;
• carriage of persons in custody on aircraft.
New Division 3, entitled Airport Security Programs, requires each operator of a category 1, 2, 3 or 4 aerodrome to establish an airport security committee and the operator of a category 1, 2, 3, 4 or 5 aerodrome to prepare an airport security program.
New Division 4, entitled Classification of Aerodromes for Aviation Security, provides for the classification of an aerodrome as a category 1, 2, 3, 4 or 5 aerodrome for purposes of aviation security. The Division also prescribes the measures and resources that are to be provided at each category of aerodrome.
New Division 5, entitled Security Force Personnel, sets out the qualifications required of a person who is to be employed as a member of the uniformed security force at an aerodrome. There is a provision to safeguard confidential-information that may be obtained by an aerodrome operator in the course of checking the character requirements of a potential member of the uniformed security force.
The amendments extend the requirement for the preparation of aviation security programs to the operators of those domestic airlines which the Secretary of the Department of Tranport and Communications has determined should prepare such programs. The ban on the carriage of firearms in an aircraft is extended to cover a wider range of objects included in the term "weapon".
As well as the above, there are a number of consequential amendments and a number of drafting changes to ensure that the Regulations conform more with current drafting style.
Details of the amendments are in the Attachment.
The amending Regulations commenced on 1 July 1991.
ATTACHMENT
Regulation 1: Commencement
This regulation provides for the commencement of the amending Regulations on 1 July 1991
Regulation 2: Amendments
This regulation provides that the amending Regulations amend the Air Navigation Regulations.
Regulation 3: Regulation 5 (Interpretation)
This regulation makes a number of amendments to the interpretation provision of the Regulations.
Paragraph 3.1 corrects a drafting error in the definition of "designated airport" by replacing the reference to "an airport" with "an aerodrome".
Paragraph 3.2 inserts definitions of "screening", "sterile area" and "weapon" into subregulation 5(1) of the Regulations.
Regulation 4: Regulation 7 (Secretary)
This regulation repealed the regulation 7 of the Regulations. That regulation, which provided that the Secretary was charged with the administration of the Regulations and was to exercise and perform the powers and functions conferred on the Secretary by the Regulations, was redundant.
Regulation 5: Regulation 10 (Delegation by the Minister and the Secretary)
This regulation replaced the existing delegation provision with a new, simpler provision. Much of the detail included in the previous regulation is now in sections 34AA and 34AB of the Acts Interpretation Act 1901 and it is therefore unnecessary to include it in the Regulations. The new regulation provides that the powers and functions of the Secretary and of the Minister may be delegated only to an officer of the Department or to a member of the staff of the Civil Aviation Authority. There was no such limitation in the previous regulation.
Regulation 6: Regulation 107 (Statistical returns)
Regulation 107 requires certain statistical information to be provided to the Secretary. Paragraphs 6.1 to 6.4 make minor drafting changes to regulation 107 so that it conforms with current drafting standards. Those amendments do not change the meaning of regulation 107.
Paragraph 6.5 expands the requirement to provide statistical information to include information relating to items detected in the screening of aircraft passengers and their baggage.
Regulation 7: Regulation 118 (Carriage and use of photographic apparatus)
Regulation 118 provides that the Minister may prohibit the use of photographic apparatus in a specified class of aircraft while flying over specified parts of Australian territory. Paragraphs 7.1 and 7.2 make minor drafting changes to regulation 118 so that it conforms with current drafting standards. Those amendments do not change the meaning of the regulation.
Regulation 8: New regulation 119
This regulation replaces the existing regulation 120A (which was concerned with the carriage of firearms on aircraft) with a new, expanded regulation (regulation 119). Regulation 120A provided that, except with the permission of the Secretary, firearms may not be carried on aircraft engaged in charter or regular public transport operations.
New regulation 119 is concerned with the carriage of weapons, rather than the carriage of firearms. A definition of "weapon" is inserted into subregulation 5(1) of the Regulations by amending regulation 2. "Weapon" is defined to mean a firearm or any substance included in new Schedule 1 (inserted by regulation 23). The term is defined to include also parts of a weapon or a device that could reasonably be converted into a weapon.
New subregulation 119(1) provides that a person must not carry, or have in his or her possession, a weapon in an aircraft engaged in charter or regular public transport services. Exceptions to this prohibition are provided for in new subregulation 119(3).
New subregulation 119(2) provides that a weapon may be carried in an aircraft engaged in charter or regular public transport operations in the following circumstances:
(a) the weapon has been surrendered to the operator of the aircraft at or before a screening point and it is transported on the aircraft in accordance with the written direction or permission of the Secretary. The provision is intended to provide for the transport of weapons where there is a genuine reason for wanting the carriage of those weapons by air. In giving directions or permission for the carriage of weapons the Secretary will take into consideration recommendations for the carriage of weapons made by the International Air Transport Association.
(b) in accordance with the operations manual for the aircraft, the weapon forms part of the equipment of the aircraft.
(c) an animal that could endanger the safety of an aircraft is being carried on the aircraft. This would apply, for example, to wild animals or animals, such as horses, which if they broke out of their containers, could damage the aircraft. The weapon must be under the control of the pilot in command.
New subregulation 119(3) provides that the operator of an aircraft must ensure that a weapon that has been surrendered at or before a screening point and which is to be carried on the aircraft is carried in accordance with the directions or permission of the Secretary.
Regulation 9: Repeal of regulation 120A
This regulation repeals regulation 120A (which was concerned with the carriage of firearms) consequential upon the insertion of new regulation 119.
Regulation 10: Regulation 279 (Powers of investigator)
This regulation omits subregulation 279(3). Regulation 279 relates to the powers of air accident investigators. These powers include the power to summon any person as a witness. Subregulation 279(3) made provision for the serving of a summons. The subregulation was omitted because it is redundant. Section 28A of the Acts Interpretation Act 1901 provides for the service of documents (including summonses). The words of section 28A are similar to the words of subregulation 279(3).
Regulation 11: Regulation 297 (Service of summons, &c)
This regulation omits regulation 297. Regulation 297 provided for the means of serving of summonses and other documents for purposes of Division 7 of Part XVI of the Regulations. That Division provides for the appointment and operation of Boards of Accident Inquiry appointed by the Minister to investigate aircraft accidents. Regulation 297 was omitted because it was redundant. Section 28A of the Acts Interpretation Act 1901 provides for the service of documents (including summonses). The words of section 28A are similar to the words of regulation 297.
Regulation 12: Part XVIA, new Division lA
This regulation inserts a new Division lA (regulations 297-297P) into Part XVIA of the Regulations. Part XVIA is called "Aviation security and air services".
New Regulation 297: Interpretation
This regulation defines 9 terms for purposes of the Part XVIA of the Regulations.
New Regulation 297A: Report of threat to aviation security
Subregulation 297A(1) provides that where a relevant person (defined in subregulation 297A(4)) becomes aware of a threat of unlawful interference with aviation, that person must report the threat as soon as practicable. If the threat is in relation to an aircraft, it must be reported to the aircraft operator; if the threat is in relation to an airport, it must be reported to the airport operator.
Subregulation 297A(2) provides that an aircraft operator to whom a threat is reported must, as soon as practicable, report the threat to a senior operations controller, to the Department and, if the aircraft is at an airport, to the airport operator.
Subregulation 297A(3) provides that an airport operator to whom a threat is reported must, as soon as practicable, report the threat to a senior operations controller,the Department and, if an aircraft is at the airport could be affected by the threat, to the aircraft operator.
Subregulation 297A(4) defines "relevant person" for the purposes of regulation 297A.
New regulation 297B: Report of unlawful interference
Subregulation 297B(1) provides that where a relevant person (defined in subregulation 297B(4)) becomes aware of an incident of unlawful interference, or of attempted unlawful interference with aviation, that person must report the incident as soon as practicable. If the incident is in relation to an aircraft, it must be reported to the aircraft operator; if the incident is in relation to an airport, it must be reported to the airport operator.
Subregulation 297B(2) provides that an aircraft operator to whom an incident is reported must, as soon as practicable, report the incident to a senior operations controller, to the Department and, if the aircraft is at an airport, to the airport operator.
Subregulation 297B(3) provides that an airport operator to whom an incident is reported must, as soon as practicable, report the incident to a senior operations controller, the Department and, if an aircraft is at the airport could be affected by the incident, to the aircraft operator.
Subregulation 297B(4) defines "relevant person" for the purposes of regulation 297B.
New regulation 297C: Offences under the Crimes (Protection of Aircraft) Act 1973
Subregulation 297C(1) requires a person who reports a threat referred to in proposed regulation 297A or an incident referred to in proposed regulation 297B, where that threat or incident would be an offence to which section 7 of the Crimes (Protection of Aircraft) Act 1973 applies, to give a written report to the aircraft operator or airport operator, as appropriate. Section 7 of the Crimes (Protection of Aircraft) Act 1973 refers to acts that are likely to endanger the safety of an aircraft in flight. The written report must be given before the end of the first working day after the day on which the threat or incident occurred.
Subregulation 297C(2) provides that, in addition to the written report required by subregulation 297C(1), the person making the report must advise the Department.
Subreaulation 297C(3) provides that the Secretary may issue directions detailing matters that are to be included in reports of threats or incidents.
Subregulation 297C(4) defines "working day" for purposes of regulation 297C.
New regulation 297D: Unscreened passengers and their possessions
Regulation 297D provides that the operator of aircraft referred to in the regulation must not permit a passenger to board the aircraft unless the passenger and any thing in his or her possession has been screened and cleared for purposes of aviation security, or the Secretary has authorised the passenger to board the aircraft without having been screened.
The aircraft referred to in regulation 297D are:
(a) an aircraft that is configured to accommodate 100 or more passengers where the aircraft is a regular public transport aircraft or a charter aircraft;
(b) an aircraft engaged in a regular public transport operation that is an international flight;
(c) a charter aircraft engaged in an international flight where that aircraft is configured to accommodate more than 38 or more passengers.
New regulation 297E: Screening
Subregulation 297E(1) provides that a person must not enter a sterile area or take anything into a sterile area unless the person has been screened or has been exempted from screening.
Subregulation 297E(2) provides that a person who has been screened for purposes of aviation security at an Australian airport before a flight will not need to be screened before boarding a subsequent flight if, while on the ground between two flights, the person has not had an opportunity to make physical contact with either a person who has not been screened or a person who has left a sterile area after being screened.
Subregulation 297E(3) provides that an aircraft operator performing screening must do so in accordance with directions of the Secretary. Persons assisting with screening must have been given appropriate training. Equipment used in screening must conform to, and be operated in accordance with, specifications determined by the Secretary. Screening is to performed in areas or parts of buildings set aside or constructed for aviation security purposes.
Subregulation 297E(4) provides that a person performing screening must not remove clothing, or require.the removal of clothing, other than headwear, handwear, footwear or outer clothing, of a person in the course of screening.
Subregulation 297E(5) provides that if screening equipment detects that a person is carrying a metal or unidentifiable object on a person, that person must be permitted to pass the screening point into a sterile area unless a person performing screening has determined that the object presents no danger to aviation security or the object has been surrendered.
New regulation 297EA: Sterile ares: weapons
This regulation provides that a person must not carry a weapon through a screening point or into a sterile area unless the person is a constable, a protective service officer, a member of the uniformed security force or has the agreement of the aerodrome operator.
New regulation 297F: Sterile areas: international flights
Subregulation 297F(1) requires the operators of regular public transport aircraft engaged in international flights at aerodromes where passengers embark and disembark must provide a sterile area.
Subregulation 297F(2) provides that persons, other than those listed, must not pass through a screening point or enter a sterile area for an international flight.
Subregulation 297F(3) provides that a person who has been screened for purposes of aviation security at an Australian airport before a flight will not need to be screened before boarding a subsequent flight if, while on the ground between two flights, the person has not had an opportunity to make physical contact with either a person who has not been screened or a person who has left a sterile area after being screened.
Subregulation 297F(4) provides that persons other than those listed in subregulation 297F(2) or intending passengers of an international flight must not pass through a screening point or enter a sterile area provided for that flight.
New regulation 297G: Secretary may give directions
Subregulation 297G(1) provides that the Secretary may give directions in relation to the measures and resources to be used in responding to a threat of unlawful interference with an aircraft or with an airport, or with the operations of an aircraft or of an airport, or to be used in controlling access to a part of an airport that is in use by the operator of an aircraft.
Subregulation 297G(2) lists persons who must comply with the Secretary's directions referred to in subregulation 297G(1).
Subregulation 297G(3) provides that a person must not, except in the exercise of his or her functions or in the performance of his or her duties, disclose a direction of the Secretary about threats of unlawful interference or about means of controlling access to an airport where that information is not a direction to passengers, or intending passengers.
Subregulation 297G(4) provides that a person to whom information relating to a direction of the Secretary is disclosed may disclose it only in the course of his or her duties.
Subregulation 297G(5) provides for the disclosure of information to a court.
Subreaulation 297G(6) defines "court" for purposes of subregulation 297G(5).
New regulation 297H: Passenger baggage
Subregulation 297H(1) defines "aircraft" and "baggage" for purposes of regulation 297H.
Subregulation 297H(2) provides that an operator must not accept baggage from a person for carriage on an aircraft unless the person in relation to whom the baggage is to carried has shown an intention to travel on the aircraft and the person's ticket or other authorisation for travel on the aircraft is produced to the operator.
Subregulation 297H(3) provides that a tag must be securely attached by the operator to each item of baggage accepted for carriage on an aircraft. That tag is to indicate the flight number and destination of the aircraft.
Subregulation 297H (4) provides that baggage accepted for carriage on an aircraft must not be accessible to a person, other than an employee or an agent of the aircraft operator, until the completion of the flight.
Subregulation 297H(5) provides that, before a flight commences, an aircraft operator must determine if all persons whose baggage is on the aircraft are on board the aircraft.
Subregulation 297H(6) provides that if there is baggage on board an aircraft that belongs to a person who is not on board the aircraft, the operator must remove the baggage before the departure of the aircraft unless, if the person has been intentionally prevented by the operator from entering or remaining in the aircraft, the operator considers the baggage is unlikely to contain a danger to aviation security or unless, in accordance with a direction of the Secretary, the aircraft is exempt from the operation of subregulation 297H(5).
New regulation 279J - Private and charter aircraft passengers
This regulation requires the operator of a private aircraft or of a charter aircraft that is intended to accommodate less than 38 passengers to ensure that passengers or intending passengers do not have access to restricted areas of an aerodrome. .
New regulation 297K: Private and charter operators to comply with directions of airport operators
This regulation requires the operator of a private or charter aircraft at a designated airport to comply with reasonable directions of the airport operator where the directions are for the purpose of aviation security and are in accordance with the security program for the airport
New regulation 297L: Authorised vehicles
This regulation provides that a person must not drive or ride a vehicle on a restricted part of an aerodrome unless the airport operator has authorised the use of the vehicle or, where a lease or licence has been granted in respect of that part of the airport, the lessee or licensee has authorised the use of the vehicle.
New regulation 297M: Aviation security signs
Subregulation 297M(1) provides that the Secretary may require the operator of a designated airport to display a sign setting out:
(a) obligations imposed by the Regulations relating to aviation security;
(b) a direction given by the Secretary under proposed regulation 2976;
(c) procedures to be followed in relation to the airport security program;
(d) warnings relating to the effect that aviation security may have on persons or their possessions in circumstances referred to on the sign.
Subregulation 297M(2) provides that the operator of a designated airport may require the display of a sign in a specified part of the airport.
Subregulation 297M(3) prohibits persons other than an authorised person, the operator of a designated airport or a person referred to in subregulation 297M(2) from displaying a sign of a kind referred to in regulation 297M.
New regulation 297N: Passenger restraining equipment
Subregulation 297N(1) requires the operator of a regular public transport aircraft or a charter aircraft, where the aircraft is configured to seat 38 or more passengers to equip the aircraft with restraining devices in accordance with the requirements of the Secretary.
Subregulation 297N(2) requires restraining devices to be carried in a secure place readily accessible to the crew but not visible or accessible to other persons on the aircraft.
New regulation 297P: Persons in lawful custody on aircraft
Subregulation 297P(1) defines the terms "aircraft" and "person in lawful custody" for purposes of regulation 297P.
Subregulation 297P(2) provides that a person who intends that a person in lawful custody should be carried on an aircraft should give the operator of the aircraft as much notice as practicable.
Subregulation 297P(3) provides that the operator of an aircraft is not obliged to permit the carriage of a person in lawful custody on the aircraft.
Subregulation 297P(4) provides that the operator of an aircraft on which a person in custody is to be carried must notify the pilot in command as soon as practicable before the flight the name of the person to be carried and the name of that person's escort (if any).
Subregulation 297P(5) provides that a person in lawful custody on an aircraft must be escorted by a person who is not a member of the crew of the aircraft or is in lawful custody unless the Secretary has authorised the carriage of that person, or of a class of persons that includes that person, without an escort.
Subregulation 297P(6) provides that no more than 2 persons in lawful custody are to be carried without an escort on an aircraft at the same time.
Regulation 13: Regulation 299 (Application of certain provisions)
This regulation omits regulation 299. Regulation 299 provided that regulations 300 and 301 applied on and after 1 November 1977. Regulation 300 requires the operator of an international air service to or from Australia that is a regular public transport service to comply with an approved aviation security program. Regulation 301 requires the operator of an international air service that is not a regular public transport service to observe adequate security procedures if the aircraft flies over, or lands in, Australia. As 1 November 1977 has well and truly passed, regulation 299 is no longer needed.
Regulation 14: Part XVIA, Division 1
This regulation amends the heading of Division 1 of Part XVIA of the Regulations to reflect better the contents of that Division.
Regulation 15: Regulation 300 (Compliance with programs)
Paragraph 15.1 inserts a new subregulation 300(lA) into-the Regulations to provide that the operator of an aircraft engaged in domestic air services is not to cause or permit the aircraft to land at or take off from a designated airport unless an aviation security program prepared by the aircraft operator has been approved by the Secretary and is in force. This subregulation does not apply to all domestic air services; it applies only to those services determined by the Secretary to be services to which Division 1 of Part XVIA of the Regulations applies. The new subregulation is similar to the subregulation 300(1) which applies to international air services.
Paragraph 15.2 amends subregulation 300(2). The previous subregulation required an aircraft operator to only implement certain parts of an aviation security program. The amendment requires the implementation of all parts of the program.
Regulation 16: Regulation 301 (Operators other than airline licence holders)
This regulation amends regulation 301. The previous regulation required operators of non-regular public transport services flying into or over Australia to implement adequate security procedures. The amendment requires that such an operator, rather than adopt "adequate" security procedures, to either prepare, and to submit to the Secretary for approval, its own security program which it will implement or to implement the aviation security program of another operator. It will be necessary to obtain the consent of that other operator to adopt its program.
Regulation 17: Regulation 302 (Preparation and submission of proposed programs)
This regulation amends regulation 302. In its previous form, regulation 302 required the operator of a regular public transport service to or from Australian territory to prepare an aviation security program. Regulation 302 also set out the matters that must be included in an aviation security program.
Paragraphs 17.1 and 17.3 amend regulation 302 consequential upon aviation security programs applying to some domestic flights as well as to international flights.
Paragraphs 17.2, 17.4 and 17.5 make changes of a drafting nature which do not alter the meaning.
Paragraph 17.6 amends existing subregulation 302(2) by adding 5 additional matters to be covered in an aviation security program. The program must specify equipment to be used and procedures to be followed in respect of those matters.
Paragraph 17.7 amends existing subregulation 302(3) by adding designated airports used by the operator's aircraft to the list of places that must be referred to in an aviation security program.
Regulation 18: Regulation 311C (Authorised officers - entry and inspection)
Regulation 311C provides for an authorised officer to enter, and remain on, any part of a designated airport. The amendments to regulation 311C make some drafting changes and add new subregulation 311C(3) to provide that an authorised officer may enter, and remain on, an aircraft for purposes of aviation security. While on the aircraft, the authorised officer may inspect the aircraft and observe its operation. An authorised officer is also, for a purpose related to aviation security, able to inspect any document held by the operator of an aircraft, where that document relates to a passenger or to an intending passenger in the aircraft.
Regulation 19: Part XVIA, New Divisions 3, 4 and 5
This regulation inserts 3 new Divisions into Part XVIA of the Regulations - Division 3 - Airport security programs (regulations 311CA and 311CB), Division 4 - Classification of aerodromes for aviation security (regulations 311CC to 311CK) and Division 5 - Security force personnel (regulations 311CL to 311CP).
New Division 3 - Airport security programs
New regulation 311CA: Airport security committees
Subregulation 311CA(1) requires the operator of a category 1, 2, 3 or 4 aerodrome to establish an airport security committee for that aerodrome.
Subreaulation 311CA(2) provides that an airport security committee shall consist of persons nominated by the airport operator and approved by the Secretary.
Subregulation 311CA(3) sets out the functions of an airport security committee. Those functions are to make recommendations to the operator of the aerodrome about the preparation of an airport security program (required by new regulation 311CB) and about the implementation of that airport security program.
Subregulation 311CA(4) provides that the operator of an aerodrome is to call such meetings of the airport security committee as the Secretary requires or the operator thinks necessary.
Subregulation 311CA(5) provides that the operator, or a person nominated by the operator and approved by the Secretary, shall preside at, and direct, meetings of an airport security committee.
New reaulation 311CB: Airport security programs
Subregulation 311CB(1) provides that the Secretary may require the operator of a category 1, 2, 3, 4 or 5 aerodrome to submit a draft airport security program to the Secretary.
Subregulation 311CB(2) provides that an operator must prepare a draft airport security program within 3 months of receiving a notice from the Secretary.
Subregulation 311CB(3) requires an airport operator, in preparing a draft airport security program, to take into account any recommendations of the airport security committee.
Subregulation 311CB(4) provides that a draft airport security program must include information about the resources intended to be used for controlling accesss to restricted areas of the airport.
Subregulation 311CB(5) provides that the Secretary may affirm or reject a draft airport security program.
Subregulation 311CB(6) provides that a draft airport security program that is affirmed shall be taken to be the airport security program for the aerodrome and must be implemented by the aerodrome operator.
Subregulation 311CB(7) provides that where a draft airport security program is rejected by the Secretary, the aerodrome operator must prepare another draft program within 28 days of receipt of the notice of rejection.
Subregulation 311CB(8) provides for the amendment or replacement of an existing airport security program by the aerodrome operator.
Subregulation 311CB(9) provides that the Secretary may give notice to an aerodrome operator to prepare a draft amendment to the existing airport security program or a draft of a new airport security program.
Subregulation 311CB(10) provides that an operator who has been given notice to prepare a draft of an amended or new airport security program must comply within 3 months of receiving the notice.
Subregulation 311CB(11) provides for review by the Administrative Appeals Tribunal of a decision of the Secretary to reject a draft airport security program or to require the revision of an existing program.
New Division 4 - Classification of aerodromes for aviation security
New regulation 311CC: Aerodrome categories
This regulation provides that the Secretary may classify an aerodrome as a category 1, 2, 3, 4 or 5 aerodrome where he or she believes that the measures or resources prescribed in relation to a particular category of aerodrome are relevant to the security needs of that aerodrome.
New regulation 311CD: Aviation security: category 1 aerodromes
This regulation prescribes measures and resources to be provided at category 1 aerodromes.
New regulation 311CE: Aviation security: category 2 aerodromes
This regulation prescribes measures and resources to be provided at category 2 aerodromes.
New regulation 311CF: Aviation security: category 3 aerodromes
This regulation prescribes measures and resources to be provided at category 3 aerodromes.
New regulation 311CG: Aviation security: category 4 aerodromes
This regulation prescribes measures and resources to be provided at category 4 aerodromes.
New regulation 311CH: Aviation security: category 5 aerodromes
This regulation prescribes measures and resources to be provided at category 5 aerodromes.
New regulation 311CJ: Aviation security: Vehicle inspections
This regulation provides that, for purposes of the measures and resources prescribed for category 1, 2 and 3 aerodromes, patrolling of an area accessible to wheeled vehicles includes, if appropriate, inspecting any such vehicles in that area.
New regulation 311CK: Directions to apply prescribed measures or resources
Subregulation 311CK(1) provides that the Secretary may direct the operator of a category 1, 2, 3, 4 or 5 aerodrome to apply a measure or resource at the aerodrome prescribed in relation to that category of aerodrome or another category of aerodrome if the Secretary reasonably believes that the measure or resource is appropriate for the purposes of aviation security at the aerodrome.
Subregulation 311CK(2) provides that an operator who receives a direction under subregulation 311L(1) must comply with the direction.
New Division 5 - Security force personnel
New regulation 311CL: Qualifications of security force personnel
Subregulation 311CL(1) provides that to be a member of a uniformed security force for the purposes of Part XVIA of the Regulations, a person must be trained in techniques of first response to acts of terrorism, in the use of firearms and in general airport procedures in relation to the movement of persons and cargo within an airport. A person must be authorised to bear firearms under relevant laws and must be capable of responding promptly and efficiently to breaches of aviation security.
Subregulation 311CL(2) provides that, in addition to the requirements set out in subregulation 311CL(1), to be qualified to be a member of a uniformed security force at a category 1 or 2 aerodrome a person must have powers of arrest no less than the powers specified in Part III of the Australian Protective Service Act 1987 and must have proficiency in contributing to the collection and management of information of value to aviation security intelligence and proficiency in the appropriate application of such intelligence.
Subreaulation 311CL(3) provides that, in addition to the requirements set out in subregulation 311CL(1), to be qualified to be a member of a uniformed security force at a category 3 aerodrome, a person must be authorised under relevant laws to exercise the powers appropriate to a person employed to perform a security service or, if no such laws apply at the aerodrome, the person must have completed a course of training approved by the Secretary.
Subregulation 311CL(4) defines "first response", in relation to an act of terrorism, for purposes of regulation 311CL.
New regulation 311CM: Character requirements of security force personnel
Subregulation 311CM(1) provides that a person is not eligible to be a member of a uniformed security force at a category 1 or 2 aerodrome or at a category 3 aerodrome in respect of which the Secretary has made a determination under proposed paragraph 311CF(a) unless the person is:
(a) a member or special member of the Australian Federal Police;
(b) a member of the police force of the State or Territory in which the aerodrome is located;
(c) a protective service officer; or
(d) determined by the aerodrome operator to be a person of suitably good character.
Subregulation 311CM(2) sets out the matters in respect of which an aerodrome operator may require information to determine if a prospective member of the uniformed security force at the aerodrome is of suitably good character. These matters are:
(a) verification of identity;
(b) subject to Part VIIC of the Crimes Act 1914 in relation to pardons, quashed convictions and spent convictions, the person has not been convicted, or committed for trial without being convicted, for an offence the-penalty for which is imprisonment;
(c) the person is not an illegal immigrant.
Subregulation 311CM(3) provides that, in determining if a person is of suitably good character, an aerodrome operator may disregard certain political offences.
New regulation 311CN: Verification of identity
Subreaulation 311CN(1) provides that, for purposes of verifying his or her identity, a person may show the aerodrome operator a primary identification document and either a secondary identification document or 2 tertiary identification documents.
Subregulation 311CN(2) defines "primary identification document", "secondary identification document" and "tertiary identification document" for purposes of regulation 311CN.
New regulation 311CO: Use of confidential information
This regulation provides that an aerodrome operator who obtains information about a person to determine if that person is of suitably good character has the same obligations with respect of confidentiality of that information as if the aerodrome operator were an agency within the meaning of the Privacy Act 1988.
New regulation 311CP: Provision of information to the Secretary
This regulation requires an aerodrome operator to give to the Secretary, or to an authorised officer, on request, information about the uniformed security force personnel at the aerodrome and their operations.
Regulation 20: Regulation 315D (Posters, signs and advertisements within precincts of an aerodrome)
Regulation 315D places restrictions on the display of posters, signs and advertisements within aerodromes that are under the control of the Secretary. Paragraph 20.1 amends subregulation 315D(1) to make it subject to new regulation 297M. That regulation provides that the Secretary may require the display at aerodromes of signs relating to aviation security.
Paragraphs 20.2 to 20.4 make minor amendments to subregulations 315D(1), (2) and (3) to change them to current drafting style. These amendments do not effect the meaning of the regulation.
New regulation 21: Regulation 316 (Prohibition of entry etc on restricted areas)
This regulation makes amendments of a drafting nature to existing regulation 316 which restricts entry to prohibited areas. The amendments do not change the effect of regulation 316.
Regulation 22: Regulation 329 (Fees and charges)
Regulation 329 provides for the payment of various fees and charges relating to international airline operations. Those charges are set out in a Schedule to the Regulations. Paragraphs 22.1, 22.3 and 22.4 amend regulation 329 consequential upon the insertion of another Schedule in the Regulations. Paragraph 22.2 makes an amendment of a drafting nature which does not effect the meaning of the regulation.
Regulation 23: Schedule
This regulation inserts a new Schedule into the Regulations to list the things that are to be considered to be weapons for purposes the definition of "weapon" in subregulation 5(1).
Regulation 24: Minor amendments
This regulation amends various provisions of the Regulations to change them to current drafting style. The changes do not alter the meaning of those provisions.
Regulation 25: Transitional
Regulation 25 is a transitional provision to ensure the continuity of any delegations made under the previous delegation provision (regulation 10) which has being replaced by a simpler provision.