AVIATION TRANSPORT SECURITY AMENDMENT (STREAMLINING AND OTHER MEASURES) REGULATION 2016 (F2016L01828) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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AVIATION TRANSPORT SECURITY AMENDMENT (STREAMLINING AND OTHER MEASURES) REGULATION 2016 (F2016L01828)

EXPLANATORY STATEMENT

 

(Issued by the Authority of the Minister for Infrastructure and Transport)

 

Subject ¾

Aviation Transport Security Act 2004

 

 

Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016

 

The Aviation Transport Security Act 2004 (the Act) establishes a regulatory framework to safeguard against unlawful interference with civil aviation in Australia. The Act sets the minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation related activities.

 

The Act allows the Secretary of the Department administering the Act (the Secretary) to establish airside and landside event zones. Airside and landside event zones are zones within the airside or landside area or an airside or landside security zone of a security controlled airport. The purpose of airside and landside event zones is to subject them to security controls that are different to the airside area or security zone, or landside area or security zone, they sit within. Sections 31B and 33B of the Act specify that the Aviation Transport Security Regulations 2005 (the Principal Regulations) may prescribe different types of airside and landside event zones which the Secretary may establish. Currently, the Principal Regulations prescribe two types of event zones: airside special event zones (SEZs) under regulation 3.02A, and landside SEZs under regulation 3.02B.

 

The Act also requires certain aviation industry participants (AIPs) to develop and comply with transport security programs (TSPs). A TSP is a document that demonstrates that the participant is, amongst other things, aware of its general responsibility to contribute to the maintenance of aviation security and is aware of, and has the capacity to meet, the specific obligations imposed on the participant under the Act and the Principal Regulations. The TSP must also set out the measures and procedures that the AIP will implement to reduce the risk of unlawful interference with civil aviation.

 

Subsection 16(3) of the Act provides that regulations may prescribe matters to be dealt with in TSPs for each AIP. Subsections 35(1), 36(1), 36A(1), 38(1) and 38A(1) of the Act provide that the regulations may prescribe requirements for airside areas, airside security zones, airside event zones, landside security zones and landside event zones respectively for the purposes of safeguarding against unlawful interference with aviation. Subsection 133(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

 

The Principal Regulations provide for additional security requirements and address matters such as controlling the movement of people and their baggage, goods and vehicles, as well as restricting access to zones and areas (including conditions of entry, the issue and use of security passes and other identification systems). The Principal Regulations also prescribe a number of matters that are to be dealt with in TSPs.

 

The purpose of the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016 (the Regulation) is, without impacting on security outcomes to:

 

Management of SEZs

The Regulation amends the Principal Regulations to enable applications to the Secretary for the establishment of airside and landside SEZs to propose the circumstances in which the SEZ will be in force, as opposed to requiring specific times and dates.

 

The Regulation requires the SEZ manager (i.e. the AIP that applied for the SEZ) to delineate the boundaries of each SEZ they manage so that airport users are aware of where these measures and procedures apply.

 

The Regulation increases the penalties for both natural person and body corporate SEZ managers where an individual inside an SEZ moves into part of an airside area, airside security zone, or landside security zone that is not within the boundaries of the SEZ without authorisation. The penalties are increased to reflect that an unauthorised individual moving into a secure area of an airport is a serious security breach, and consequences may ensue if the individual commits an act of unlawful interference with aviation. The increase in penalties is in line with maximum permissible limits set out under subsections 36A(3) (for airside SEZs) and 38A(3) (for landside SEZs) of the Act. Again, this reflects the seriousness of potential consequences arising from such a breach of security.

 

Streamlining the regulatory requirements for airport security signs

The Principal Regulations set out, in Division 3.3 of Part 3, the physical security requirements for the airside and landside areas and zones of a security controlled airport. These physical security requirements include, amongst other things, the requirement to display security signs notifying people when they are entering a particular area or zone. The Regulation also amends the Principal Regulations to consolidate and improve the consistency of airport security signs.

 

The amendments permit airport operators to reduce the range of signs required wherever possible by providing options to combine signs. The amendments also simplify requirements and address regulatory inconsistencies to enable airport operators to meet the necessary regulatory outcomes as efficiently and effectively as possible in the context of an airport's individual operating environment.

 

The amendments also correct the wording of four signs in the Principal Regulations.

 

In most circumstances, the option remains for airport operators to continue to display airport security signs as previously prescribed under the Principal Regulations. Where this is not possible, a transition period is utilised.

Remove duplicated and unnecessary requirements from Airservices' TSP

The Regulation removes duplicated and unnecessary requirements from Airservices' TSP, gives flexibility for Airservices to meet its regulatory requirements, as well as clarification and simplification of its regulatory obligations.

 

These amendments are consistent with those made in Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015.

 

Reducing the requirements for industry participants to provide maps

The Regulation amends the Principal Regulations to remove the regulatory requirements for airport operators, aircraft operators, and Airservices to include certain maps accompanying their TSPs where these maps duplicate information already provided and are not required to support regulatory decisions.

 

The Regulation removes the requirement for aircraft operators and Airservices to provide maps showing the boundaries of any of their facilities located within a security controlled airport. Aircraft operators and Airservices already provide details of their operational facilities in their TSPs (see regulations 2.31 and 2.81 respectively). The Regulation removes the requirement to provide a map, but does not remove the requirement to provide the information.

 

Airport operators will no longer have to provide the following maps:

 

These changes do not impact the requirement for AIPs to provide maps showing the boundaries of a security controlled airport, airside and landside areas, and airside and landside security zones. Maps also remain a requirement for an SEZ application. These maps support regulatory decisions establishing secure areas of an airport where access is controlled or where offences may apply. The Act also requires these maps to be included in notices issued by the Secretary that are either published in the Commonwealth Government's Government Notices Gazette or issued directly to an AIP.


Minor corrections

The Regulation amends paragraph 3.15(1)(a) to remove the reference to subregulation 3.15(2), which does not exist.

 

The Regulation also amends subregulation 2.45(2) to correct a reference to the 'operator's airport', which should refer to the 'operator's facilities'.


The Regulation repeals the definition of 'exempt person' from regulation 3.19 as that phrase is not used in parts of the Principal Regulation to which regulation 3.19 applies (Division 3.4 of Part 4).

The Regulation makes minor amendments to regulation 3.16 to ensure it refers to a security restricted area by its full title. Minor amendments are also made to regulation 3.20 to ensure it refers to a sterile area by its full title. This is to assist with interpretation.

The Regulation also makes minor amendments to regulations 4.18 and 4.18A to replace references of 'notices' with 'signs', consistent with other provisions in the Principal Regulations.

Consultation

Consultation has occurred with industry and government stakeholders via the Department of Infrastructure and Regional Development's Aviation Security Advisory Forum and through Regional Industry Consultative Meetings. These groups include key aviation security stakeholders, including international, domestic and regional aircraft operators and airports, aviation industry associations, local and federal police, and government agencies. Industry and government stakeholders support these changes.

 

The Office of Best Practice Regulation (OBPR) was consulted and advised that a Regulation Impact Statement was not required (OBPR references: SEZs-19402, airport signs-19559, Airservices-19558, and maps-19442) as the changes have a relatively minor regulatory impact.

 

A Statement of Compatibility with Human Rights is set out at Attachment A.

 

The Act does not specify any conditions that need to be satisfied before the power to make the Regulation is exercised.

 

The Regulation is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Regulation commences on the day after it is registered on the Federal Register of Legislation.

 

Details of the Regulation are set out at Attachment B.

 

 

                                            Â           Authority:
Subsection 133(1) of the

Aviation Transport Security Act 2004

 

ATTACHMENT A

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of this Legislative Instrument

This Legislative Instrument amends the Aviation Transport Security Regulations 2005 (the Principal Regulations) to:

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

DARREN CHESTER

Minister for Infrastructure and Transport

 

 

ATTACHMENT B

 

Details of the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016

 

Section 1 - Name

This section provides that the name of this instrument is the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016 (the Regulation).

 

Section 2 - Commencement

This section provides that the Regulation commences the day after the instrument is registered.

 

Section 3 - Authority

This section provides that the Regulation is made under the Aviation Transport Security Act 2004 (the Act).

 

Section 4 - Schedules

This section provides for the Aviation Transport Security Regulations 2005 (the Principal Regulations) to be amended as set out in the Schedules to the Regulation.

 

Schedule 1 - Special event zones

 

Item [1] - After paragraph 3A.02(2)(a)

Item 1 inserts new paragraph 3A.02(2)(aa), which requires an AIP applying for an airside SEZ - if they are not the operator of the airport where the zone is to be established - to provide details of the consultations they have had with the relevant airport operator as part of their SEZ application. The amendment is necessary and convenient for the smooth operation of airside SEZs established by the Secretary of the Department administering the Act and Principal Regulations (the Secretary) under section 31A of the Act. It gives the Secretary certainty that the airport operator has been consulted prior to the AIP making an application that may impact operations at the airport. Consulting the airport operator prior to making an application alerts the airport operator to any potential disruptions to normal operations in the part of the airside area or airside security zone covered by the proposed airside SEZ. It also provides an opportunity for the AIP responsible for managing the proposed SEZ and the airport operator to agree to measures mitigating any disruptions.

 

Item [2] - Paragraph 3A.02(2)(d)

Item 2 deletes the words 'including dates, times and duration' from paragraph 3A.02(2)(d). This allows an SEZ application to specify the proposed SEZ's period of operation with respect to circumstances as well as specific timeframes. The amendment makes paragraph 3A.02(2)(d) consistent with the wording at subsection 31A(3) of the Act.


Item [3] - At the end of subregulation 3A.02(2)

Item 3 inserts a Note at the end of subregulation 3A.02(2) highlighting that if an AIP needs to make changes to its TSP for the purposes of managing and mitigating security risks resulting from a proposed airside SEZ, then it must do so in accordance with the existing processes under the Act.

Item [4] - Subregulation 3A.02(3)

Item 4 repeals subregulation 3A.02(3) and is consequential to Item 3 above. The information required by subregulation 3A.02(3) is already required in the Act for an AIP's proposal to the Secretary to amend or alter their TSP. Repealing subregulation 3A.02(3) therefore reduces the burden on industry without reducing security outcomes.

 

Item [5] - Regulation 3A.05

Item 5 repeals regulation 3A.05 and substitutes it with new provisions prescribing requirements in relation to airside SEZs.

 

New subregulation 3A.05(2) makes it an offence for the SEZ manager of an airside SEZ to fail to delineate the boundaries of that SEZ. The penalty prescribed for committing such an offence differs depending on the kind of AIP the SEZ manager is (only AIPs can be SEZ managers for airside SEZs - see definition in subregulation 3A.01(1)):

*         If the SEZ manager is either an airport operator or an aircraft operator, the penalty is 200 penalty units.

*         If the SEZ manager is an AIP other than an airport operator, aircraft operator, or accredited air cargo agent (AACA), the penalty is 100 penalty units.

*         If the SEZ manager is an AACA, the penalty is 50 penalty units.

 

The penalties prescribed for these offences are consistent with the maximum penalty units the Principal Regulations may prescribe for offences with respect to SEZs as specified under subsection 36A(3) of the Act. They are also consistent with the penalties prescribed in Division 3.3 of Part 3 of the Principal Regulations, which deals with control of airside areas and zones.

 

New subregulation 3A.05(3) also makes it an offence for the SEZ manager of an airside SEZ to fail to notify any 'relevant aviation industry participants' when the airside SEZ is in force or ceases to be in force. 'Relevant aviation industry participants' is defined as AIPs that are, or likely to be, affected by the operation of the airside SEZ. For example, an aircraft operator that uses part of an airside area covered by an airside SEZ is a 'relevant aviation industry participant', as is a contractor performing services for a regulated air cargo agent (RACA) requiring them to access or pass through that part of the airside area covered by the SEZ. The penalty prescribed differs depending on the kind of AIP the SEZ manager is:

*         If the SEZ manager is either an airport operator or an aircraft operator, the penalty is 200 penalty units.

*         If the SEZ manager is an AIP other than an airport operator, aircraft operator, or AACA, the penalty is 100 penalty units.

*         If the SEZ manager is an AACA, the penalty is 50 penalty units.

 

The penalties prescribed for these offences are consistent with the maximum penalty units the Principal Regulations may prescribe for offences with respect to SEZs as set out under subsection 36A(3) of the Act. They are also consistent with the penalties prescribed in Division 3.3 of Part 3 of the Principal Regulations, which deals with control of airside areas and zones.

 

The purpose of Item 5 is three-fold:

 

1.      repealing existing regulation 3A.05 removes the obligation for an AIP to apply the same security measures used for airside areas (except identification requirements) within an airside SEZ. This allows the AIP responsible for the airside SEZ to set its own tailored security arrangements for that zone;

 

2.      it prescribes a requirement for the SEZ manager to delineate the SEZ. This is fundamental to ensuring an airside SEZ can be identified and the integrity of the surrounding areas can be maintained (similar delineation requirements in the Principal Regulations apply already - see subregulation 3.15(1) in the Principal Regulations); and

 

3.      it requires the SEZ manager to notify other AIPs who may be affected by the SEZ coming in or out of force. This ensures affected AIPs have the opportunity to mitigate any impact the SEZ may have on their activities. It also minimises the likelihood of affected AIPs inadvertently incurring penalties for committing any offences associated with the SEZ.

 

Item [6] - Subregulation 3A.06(1) (penalty)

Item 6 increases the penalty for an individual moving from an SEZ into a security zone or airside area without authorisation to 50 penalty units. This is the maximum penalty that may be imposed on individuals under paragraph 36A(3)(c) of the Act. The amendment also aligns the penalty with comparable penalties set out under subregulations 3.17(2) and 3.17(3). These subregulations deal with entry into airside areas and security zones without the permission of the responsible AIP. It also reflects the seriousness of the offence, as it involves an unauthorised entry into a security-relevant area.

 

Item [7] - Subregulation 3A.07(1) (penalty)

Item 7 increases the penalty imposed on a SEZ manager to 50 penalty units where an individual inside an airside SEZ moves into part of an airside area or security zone that is not within the boundaries of the airside SEZ without authorisation.

 

The increase in penalty is consistent with the maximum penalties that may be prescribed for offences with respect to SEZs (see subsection 36A(3) of the Act). It is also consistent with the Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers (September 2011 edition) (the Commonwealth Offences Guide). The guidelines on strict liability offences set out in the Commonwealth Offences Guide stipulate that an offence should attract a penalty of no more than 60 penalty units for individuals and 300 penalty units for bodies corporate where strict liability applies to all physical elements of the offence (which is the case here).

 

The penalty stipulated in Item 7 applies to AIPs that are individuals due to the operation of subsection 4B(3) of the Crimes Act 1914. Where an AIP that is a body corporate is convicted of this offence, subsection 4B(3) provides that a court may impose a penalty of up to five times the penalty unit stipulated (in this case up to 250 penalty units).

 

The increase in penalty reflects the fact that an unauthorised individual moving into a secure area of an airport is a serious security breach.

 

Item [8] - After paragraph 3A.08(2)(a)

Item 8 inserts new paragraph 3A.08(2)(aa), which requires an AIP applying for a landside SEZ - if they are not the operator of the airport where the zone is to be established - to provide details of the consultations they have had with the relevant airport operator as part of their SEZ application. The amendment is necessary and convenient for the smooth operation of landside SEZs established by the Secretary under section 33A of the Act. It gives the Secretary certainty that the airport operator has been consulted prior to the AIP making an application that may impact operations at the airport. Consulting the airport operator prior to making an application alerts the airport operator to any potential disruptions to normal operations in the part of the landside area or landside security zone covered by the proposed landside SEZ. It also provides an opportunity for the AIP responsible for managing the proposed SEZ and the airport operator to agree to measures mitigating any disruptions.

 

Item [9] - Paragraph 3A.08(2)(d)

Item 9 deletes the words 'including dates, times and duration' from paragraph 3A.08(2)(d). This allows an SEZ application to specify the proposed SEZ's period of operation with respect to circumstances as well as specific timeframes. The amendment makes paragraph 3A.08(2)(d) consistent with the wording at subsection 33A(3) of the Act.

 

Item [10] - At the end of subregulation 3A.08(2)

Item 10 inserts a Note at the end of subregulation 3A.08(2) highlighting that if an AIP needs to make changes to its TSP for the purposes of managing and mitigating security risks resulting from a proposed landside SEZ, then it must do so in accordance with the existing processes under the Act.

 

Item [11] - Subregulation 3A.08(3)

Item 11 repeals subregulation 3A.08(3) and is consequential to Item 10 above. The information required by subregulation 3A.08(3) is already required in the Act for an AIP's proposal to the Secretary to amend or alter their TSP. Repealing subregulation 3A.08(3) therefore reduces the burden on industry without reducing security outcomes.

 

Item [12] - Regulation 3A.11

Item 12 repeals regulation 3A.11 and substitutes it with new provisions prescribing requirements in relation to landside SEZs.

 

New subregulation 3A.11(2) makes it an offence for the SEZ manager of an landside SEZ to fail to delineate the boundaries of that SEZ. The penalty prescribed for committing such an offence differs depending on the kind of AIP the SEZ manager is (only AIPs can be SEZ managers for landside SEZs - see definition in subregulation 3A.01(2)):

*         If the SEZ manager is either an airport operator or an aircraft operator, the penalty is 200 penalty units.

*         If the SEZ manager is an AIP other than an airport operator, aircraft operator or AACA, the penalty is 100 penalty units.

*         If the SEZ manager is an AACA, the penalty is 50 penalty units.

 

The penalties prescribed for these offences are consistent with the maximum penalty units the Principal Regulations may prescribe for offences with respect to SEZs as specified under subsection 38A(3) of the Act. They are also consistent with the penalties prescribed in Division 3.4 of Part 3 of the Principal Regulations, which deals with control of landside areas and zones.

 

New subregulation 3A.11(3) also makes it an offence for the SEZ manager of a landside SEZ to fail to notify any 'relevant aviation industry participants' when the landside SEZ is in force or ceases to be in force. 'Relevant aviation industry participants' is defined as AIPs that are, or likely to be, affected by the operation of the landside SEZ. For example, an aircraft operator that uses part of a landside area covered by a landside SEZ is a 'relevant aviation industry participant', as is a contractor performing services for a RACA requiring them to access or pass through that part of the landside area covered by the SEZ. The penalty prescribed differs depending on the kind of AIP the SEZ manager is:

*         If the SEZ manager is either an airport operator or an aircraft operator, the penalty is 200 penalty units.

*         If the SEZ manager is an AIP other than an airport operator, aircraft operator, or AACA, the penalty is 100 penalty units.

*         If the SEZ manager is an AACA, the penalty is 50 penalty units.

 

The penalties prescribed for these offences are consistent with the maximum penalty units the Principal Regulations may prescribe for offences with respect to SEZs as set out under subsection 38A(3) of the Act. They are also consistent with the penalties prescribed in Division 3.4 of Part 3 of the Principal Regulations, which deals with control of landside areas and zones.

 

The purpose of Item 12 is three-fold:

 

1.      repealing existing regulation 3A.11 removes the obligation for an AIP to apply the same security measures used for landside areas (except identification requirements) within a landside SEZ. This allows the AIP responsible for the landside SEZ to set its own tailored security arrangements for that zone;

 

2.      it prescribes a requirement for the SEZ manager to delineate the SEZ. This is fundamental to ensuring a landside SEZ can be identified and the integrity of the surrounding areas can be maintained (similar delineation requirements in the Principal Regulations apply already - see subregulation 3.15(1) in the Principal Regulations); and

 

3.      it requires the SEZ manager to notify other AIPs who may be affected by the SEZ coming in or out of force. This ensures affected AIPs have the opportunity to mitigate any impact the SEZ may have on their activities. It also minimises the likelihood of affected AIPs inadvertently incurring penalties for committing any offences associated with the SEZ.

 

Item [13] - Subregulation 3A.12(1) (penalty)

Item 13 increases the penalty for an individual moving from an SEZ into a security zone or airside area without authorisation to 50 penalty units. This is the maximum penalty that may be imposed on individuals under paragraph 38A(3)(c) of the Act. The amendment also aligns the penalty with comparable penalties set out under subregulations 3.25(2) and 3.25(3). These subregulations deal with entry into landside security zones without the permission of the responsible AIP. It also reflects the seriousness of the offence, as it involves an unauthorised entry into a security-relevant area.

 

Item [14] - Subregulation 3A.13(1) (penalty)

Item 14 increases the penalty imposed on a SEZ manager to 50 penalty units where an individual inside a landside SEZ moves into part of an airside area or security zone that is not within the boundaries of the landside SEZ without authorisation.

 

The increase in penalty is consistent with the maximum penalties that may be prescribed for offences with respect to landside SEZs (see subsection 38A(3) of the Act). It is also consistent with the Commonwealth Offences Guide (see Item 7 above).

 

The penalty set out in Item 14 applies to AIPs that are individuals due to the operation of subsection 4B(3) of the Crimes Act 1914. Where an AIP that is a body corporate is convicted of this offence, subsection 4B(3) provides that a court may impose a penalty of up to five times the penalty unit stipulated (in this case, up to 250 penalty units).

 

The increase in penalty reflects the fact that an unauthorised individual moving into a secure area of an airport is a serious security breach.

 

Schedule 2 - Airport signs

Item [1] - Paragraph 3.15(1)(a)

Item 1 omits the words 'subject to subregulation (2)' from paragraph 3.15(1)(a) as this wording is redundant. Subregulation 3.15(2) was repealed in 2015 by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015.

 

Item [2] - Paragraphs 3.15(1)(e) and (f)

Item 2 substitutes existing paragraphs 3.15(1)(e) and (f) with new requirements. Paragraph 3.15(1)(e) now requires a warning sign dealing with unauthorised entry into an airside area to be placed at the barrier of the area in such a way that anyone entering the area knows they are entering an airside area. Subparagraph 3.15(1)(f)(i) requires a sign warning of the penalties for taking unauthorised weapons into the airside area to be placed at every entrance to the airside area. Subparagraph 3.15(1)(f)(ii) requires the new consolidated airside area warning sign (see Item 8 below) to be placed at the barrier of the area in such a way that anyone entering the area knows that they are entering an airside area.

 

Item [3] - Subregulation 3.15(4)

Item 3 amends subregulation 3.15(4) to replace 'is to be as follows' with 'must be in the following form, or in the form set out in regulation 3.15A'. This amendment enables airport operators to use either the existing sign set out in subregulation 3.15(4), or the new sign introduced in regulation 3.15A (see Item 8 below).

 

Item [4] - Subregulation 3.15(5)

Item 4 repeals subregulation 3.15(5), which specified the requirements for displaying signs required under paragraph 3.15(1)(e). Item 4 is consequential to Item 2 above.

 

Item [5] - Subregulation 3.15(6)

Item 5 amends subregulation 3.15(6) to reference the new subparagraph 3.15(1)(f)(i) (see Item 2 above).

 

Item [6] - After subregulation 3.15(6)

Item 6 inserts a new subregulation to reference the new alternative sign requirements at regulation 3.15A (see Item 8 below).

 

 

Item [7] - Subregulation 3.15(7)

Item 7 amends subregulation 3.15(7) to reference subregulations 3.15(6) and 3.16(6A). This is a consequence of Items 5 and 6 above.

 

Item [8] - At the end of Subdivision 3.3.1 of Division 3.3 of Part 3

Item 8 inserts new regulation 3.15A, which establishes an alternative form of signage for airside areas. This new sign combines warnings of the penalties for unauthorised entry and possession of unauthorised weapons in the airside area.

 

Item [9] - Paragraph 3.16(3)(a)

Item 9 amends paragraph 3.16(3)(a) to ensure the paragraph refers to the security restricted area (SRA) by its full name. This is to assist with interpretation and to ensure regulation 3.16 refers to the SRA in a consistent way.

 

Item [10] - Paragraph 3.16(3)(b)

Item 10 amends paragraph 3.16(3)(b) to ensure the paragraph refers to the SRA by its full name. This is to assist with interpretation and to ensure regulation 3.16 refers to the SRA in a consistent way.

 

Item [11] - Paragraphs 3.16(3)(c) and (d)

Item 11 repeals paragraphs 3.16(3)(c) and 3.16(3)(d) and replaces them with a new paragraph, 3.16(3)(c). The new paragraph requires the sign at subregulation 3.16(4) to be placed at the boundary of the SRA in such a way that anyone entering the zone knows it is a SRA.

 

Item [12] - Subregulation 3.16(4)

Item 12 repeals the existing requirements for the form of SRA signs and replaces them with new signage requirements that warn of the penalties for both unauthorised entry into an SRA and unauthorised possession of weapons within an SRA. Compliance with the new SRA sign requirements is subject to a transition period which allows existing SRA signs to remain valid for three years after the date of registration of this Regulation (see Schedule 5 below).

 

Item [13] - Regulation 3.19 (definition of exempt person)

Item 13 repeals the definition of 'exempt person' from regulation 3.19. The definitions in regulation 3.19 only apply to Division 3.4 of Part 3 of the Principal Regulations. However, Division 3.4 does not use the phrase 'exempt person' apart from in regulation 3.19, and so the definition is unnecessary.

 

Item [14] - Subregulation 3.20(3)

Item 14 amends subregulation 3.20(3) ensure the subregulation refers to the sterile area by its full name. This is to assist with interpretation and to ensure regulation 3.20 refers to the sterile area in a consistent way.

 

 

 

 

 

Item [15] - Paragraphs 3.20(3)(b), (c), (d), (e) and (h)

Item 15 amends paragraphs 3.20(3)(b), (c), (d), (e) and (h) to ensure these paragraphs refer to the sterile area by its full name. This is to assist with interpretation and to ensure regulation 3.20 refers to the sterile area in a consistent way.

 

Item [16] - Paragraph 3.20(3)(h)

Item 16 makes an additional technical amendment to paragraph 3.20(3)(h) that is consequential to Item 15 above.

 

Item [17] - Paragraph 3.20(3)(i)

Item 17 amends paragraph 3.20(3)(i) to ensure the paragraph refers to the sterile area by its full name. This is to assist with interpretation and to ensure regulation 3.20 refers to the sterile area in a consistent way.

 

Item [18] - Paragraph 3.20(3)(j)

Item 18 amends paragraph 3.20(3)(j) to ensure the paragraph refers to the sterile area by its full name. This is to assist with interpretation and to ensure regulation 3.20 refers to the sterile area in a consistent way. It also amends paragraph 3.20(3)(j) to require the sterile area sign to be placed at the barrier of the zone, consistent with other zones that require barriers (see Item 2 above).

 

Item [19] - Subregulation 3.22(3)

Item 19 repeals subregulation 3.22(3) and substitutes it with a new subregulation that permits the airport operator to choose to display a sign that warns specifically of the penalties for unauthorised entry to a fuel storage zone in accordance with subregulation 3.22(4), or one that warns more generally of the penalties for unauthorised entry to a landside security zone in accordance with new subregulation 3.24A - see Item 25 below (a fuel storage zone is a type of landside security zone; see paragraph 3.02(b) of the Principal Regulations).

 

New subregulation 3.22(3) stipulates an offence of 200 penalty units if the AIP responsible for the fuel storage zone does not display either sign. This is consistent with the existing penalty for failure to meet requirements for signs relating to fuel storage zones.

 

Item 19 requires the responsible AIP to display these signs at the boundary of the zone in such a way anyone entering the zone knows it is either a fuel storage zone, or a landside security zone.

 

Item [20] - Subregulation 3.22(4)

Item 20 amends existing sign requirements for fuel storage zones to remove the reference to prohibited items being prohibited in these zones. This reference is incorrect: prohibited items are not prohibited in fuel storage zones. Prohibited items are only prohibited in a particular landside security zone if the zone is prescribed in the Principal Regulations for the purposes of paragraph 54(1)(aa) of the Act. Fuel storage zones have not been prescribed in the Principal Regulations for the purposes of that paragraph.

 

Compliance with the new fuel storage zone sign requirements is subject to a transition period which allows existing fuel storage zone signs to remain valid for four months after the date this Regulation is registered (see Schedule 5 below). This transitional period provides an opportunity for relevant industry participants to plan for, and manage amendment to existing fuel storage zone signs, or installation of any new signs.

 

Item [21] - Subregulation 3.23(3)

Item 21 repeals subregulation 3.23(3) and substitutes it with a new subregulation that permits the airport operator to choose to display either a sign that warns specifically of the penalties for unauthorised entry to an air traffic control facilities zone in accordance with subregulation 3.23(4), or one that warns more generally of the penalties for unauthorised entry to a landside security zone in accordance with new regulation 3.24A - see Item 25 below (an air traffic control facilities zones is a landside security zone; see paragraph 3.02(c) of the Principal Regulations).

 

New subregulation 3.23(3) stipulates an offence of 200 penalty units if the AIP responsible for the air traffic control facilities zone does not display either sign. This is consistent with the existing penalty for failure to meet requirements for signs relating to air traffic control facilities zones.

 

Item 21 requires the responsible AIP to display these signs at the boundary of the zone in such a way anyone entering the zone knows it is either an air traffic control facilities zone, or a landside security zone. This is consistent with the sign in Item 19 above.

 

Item [22] - Subregulation 3.23(4)

Item 22 amends existing sign requirements for air traffic control facilities zones by removing the reference to prohibited items being prohibited in these zones. This reference is incorrect: prohibited items are not prohibited in air traffic control facilities zones. Prohibited items are only prohibited in a particular landside security zone if the zone is prescribed in the Principal Regulations for the purposes of paragraph 54(1)(aa) of the Act. Air traffic control facilities zones have not been prescribed in the Principal Regulations for the purposes of that paragraph.

 

Compliance with the new air traffic control facilities zone sign requirements is subject to a transition period which allows existing air traffic control facilities zone signs to remain valid for four months after the date this Regulation is registered (see Schedule 5 below). This transitional period provides an opportunity for relevant industry participants to plan for, and manage amendment to existing fuel storage zone signs, or installation of any new signs.

 

Item [23] - Subregulation 3.24(3)

Item 23 repeals subregulation 3.24(3) and substitutes it with a new subregulation that permits the airport operator to choose to display either a sign that warns specifically of the penalties for unauthorised entry to a navigational aids zone in accordance with subregulation 3.24(4), or one that warns generally of the penalties for unauthorised entry to a landside security zone in accordance with new regulation 3.24A - see Item 25 below (a navigational aids zone is a landside security zone; see paragraph 3.02(d) of the Principal Regulations).

 

New subregulation 3.24(3) stipulates an offence of 200 penalty units if the AIP responsible for the navigational aids zone does not display either sign. This is consistent with the existing penalty for failure to meet requirements for signs relating to navigational aids zones.

 

Item 23 requires the responsible AIP to display these signs at the boundary of the zone in such a way anyone entering the zone knows it is either a navigational aids zone, or a landside security zone. This is consistent with the display requirements for signs in Items 19 and 21 above.


Item [24] - Subregulation 3.24(4)

Item 24 amends existing sign requirements for navigational aids zones by removing the reference to prohibited items being prohibited in these zones. This reference is incorrect: prohibited items are not prohibited in navigational aids zones. Prohibited items are only prohibited in a particular landside security zone if the zone is prescribed in the Principal Regulations for the purposes of paragraph 54(1)(aa) of the Act. Navigational aids zones have not been prescribed in the Principal Regulations for the purposes of that paragraph.

 

Compliance with the new navigational aids zone sign requirements is subject to a transition period which allows existing navigational aids zone signs to remain valid for four months after the date this Regulation is registered (see Schedule 5 below). This transitional period provides an opportunity for relevant industry participants to plan for, and manage amendment to existing fuel storage zone signs, or installation of any new signs.

 

Item [25] - After regulation 3.24

Item 25 inserts new alternative requirements for signs relating to landside security zones. The new sign can be used under subparagraphs 3.22(3)(c)(ii), 3.23(3)(c)(ii) or 3.24(3)(c)(ii) (refer to Items 19, 21 and 23 above), but must be in the form prescribed in this Item.

 

Item [26] - Regulation 4.18 (heading)

Item 26 changes the word 'notices' in the heading of regulation 4.18 to 'signs'. This makes the language consistent with the rest of the Principal Regulations (which use the word 'signs' rather than 'notices').

 

Item [27] - Subregulation 4.18(1)

Item 27 amends subregulation 4.18(1) to enable airport operators to choose between two different signs in order to meet the requirements of the regulation. It also removes the prescriptive signage dimensions currently required, and instead sets a minimum size for the sign established under subregulation 4.18(1). This is consistent with the requirements for other signs in the Principal Regulations. Item 27 also changes the word 'notice' in subregulation 4.18(1) to 'signs', consistent with the rest of the Principal Regulations.

 

Item [28] - Regulation 4.18A (heading)

Item 28 changes the word 'notices' in the heading of regulation 4.18A to ‘signs'. This makes the language in the heading consistent with the rest of the Principal Regulations (which use the word 'signs' rather than 'notices').

 

Item [29] - Subregulation 4.18A(1)

Item 29 changes the word 'notice' in subregulation 4.18A(1) to 'sign', consistent with the language throughout the rest of the Principal Regulations.

 

 

 

 

Item [30] - Subregulation 4.18A(1)

Item 30 amends subregulation 4.18A(1) to enable airport operators to choose between use of the existing sign (established under subregulation 4.18A(1)) or the new sign created under regulation 4.18B (see Item 31 below).

 

Item [31] - After regulation 4.18A

Item 31 establishes two alternative signs that may be displayed at screening points. If the screening point is also a liquids, aerosols and gels (LAGs) screening point, then the relevant prescribed sign requirements are set out in subregulation 4.22P(2) (refer to Item 36 below). If it is not also a LAGs screening point, then this Item creates a new sign which may be used instead of the signs prescribed under subregulations 4.18(1) and 4.18A(1).

 

Item [32] - Regulation 4.22P

Item 32 amends regulation 4.22P to omit 'For' and substitute '(1) For'. This is a consequence of Item 36 below.

 

Item [33] - Subparagraph 4.22P(c)(i)

Item 33 removes the prescriptive signage dimensions currently set out at subparagraph 4.22P(c)(i), and instead sets out minimum dimensions for the sign. This makes this subparagraph consistent with the rest of the Principal Regulations (which prescribe minimum sizes for airport security signs).

 

Item [34] - Subparagraph 4.22P(c)(ii)

Item 34 amends subparagraph 4.22P(c)(ii) to enable airport operators to use either a LAG-specific sign, or one which combines the requirements for subparagraph 4.22P(c)(ii) with the requirements for subregulations 4.18(1) and 4.18A(1).

 

Item [35] - Subparagraph 4.22P(c)(ii)

Item 35 makes minor amendments to the sign required under existing subparagraph 4.22P(c)(ii) to make the formatting of the sign consistent with other signs amended or introduced in this Regulation.

 

Item [36] - At the end of regulation 4.22P

Item 36 inserts a new subregulation 4.22P(2), which prescribes the requirements for a sign that combines advice on consent to screening procedures and warnings about taking weapons, prohibited items and LAGs past the screening point without authority. This sign can be used to meet the requirements of subregulations 4.18(1) and 4.18A(1), and subparagraph 4.22P(c)(ii) (see Items 27, 30, 31 and 34 above).

 

Schedule 3 - Airservices Australia

Item [1] - Regulation 2.78

Item 1 clarifies that the information required under regulation 2.78 forms part of Airservices Australia's (Airservices') TSP. This enhances consistency in the Principal Regulations which currently require this type of information to be included in the TSPs of both airport operators (see regulation 2.10) and aircraft operators (see regulation 2.28).


Item [2] - Regulation 2.78

Item 2 deletes the words 'each of' from paragraph 2.78(a) allowing Airservices greater flexibility to determine the best way of describing the local security risks across its various facilities to meet its regulatory obligations under this provision.

 

Item [3] - Paragraph 2.79(1)(b)

Item 3 removes the requirement for Airservices' TSP to set out the roles and responsibilities of responding agencies (such as police, ambulance and the fire brigade). This is consistent with TSP requirements for airport operators (regulation 2.11) and aircraft operators (regulation 2.29).

 

Item [4] - Paragraph 2.79(1)(c)

This Item is consequential to the repeal of paragraph 2.79(1)(d) (see Item 5 below).

 

Item [5] - Paragraph 2.79(1)(d)

Item 5 repeals paragraph 2.79(1)(d), which requires Airservices' TSP to set out the procedures for managing security at its facilities, including the roles and responsibilities of other Commonwealth, State and Territory agencies and local authorities with security duties at the facility. It is no longer necessary for this type of information to be provided in Airservices' TSP.

 

Item [6] - Subregulation 2.79(2)

Item 6 clarifies that Airservices' TSP must, for the purpose of coordinating security-related activities, set out a mechanism for consultation between Airservices and relevant third parties.

 

Item [7] - At the end of subregulation 2.79(2)

Item 7 inserts a Note at the end of subregulation 2.79(2) which lists examples of what are "relevant third parties" for the purpose of subregulation 2.79(2).

 

Item [8] - Paragraph 2.80(1)(a)

Item 8 clarifies that Airservices' TSP must set out quality control procedures, including how audits are scheduled, rather than an actual schedule of audits. This is consistent with TSP requirements for airport operators (regulation 2.12) and aircraft operators (regulation 2.30),  

 

Item [9] - Paragraph 2.80(1)(b)

Item 9 removes the requirement for Airservices to set out in its TSP a process for selecting auditors.

 

Item [10] - Subregulation 2.80(2)

Item 10 removes the requirement for Airservices' TSP to set out record retention requirements, and instead prescribes record retention requirements for Airservices.

 

 

 

Item [11] - Subregulations 2.81(1) and (2)

Item 11 requires the information about the operations of Airservices' aviation-related facilities to be set out in Airservices' TSP.

 

Item [12] - Subregulation 2.81(3)

Item 12 requires Airservices' contact details to be set out in a document which accompanies its TSP. This removes the requirement for Airservices to seek approval to amend its TSP each time this information needs to be updated.

 

Item [13] - Subregulation 2.82(2)

Item 13 removes the requirement for Airservices' TSP to set out a timetable for implementation of any security measures referred to in its TSP which are not yet in place, but retains the requirement for this information to be provided in an accompanying document.   

 

Item [14] - Regulation 2.84 (heading)

Item 14 amends the heading to regulation 2.84 to clarify that information about measures for a heightened security alert accompany, rather than form part of, Airservices' TSP. This is consequential to Item 15 below. Similar to Item 12 above, this streamlines the process of Airservices being able to update this information rapidly if required, without needing to seek approval to amend its TSP.

 

Item [15] - Subregulation 2.84(1)

Item 15 clarifies that a document that sets out additional security measures and procedures available in the event of a heightened security alert must accompany, rather than form part of, Airservices' TSP.

 

Item [16] - Subregulation 2.84(2)

Item 16 is consequential to the amendment in Item 15. Item 16 clarifies that it is the document accompanying Airservices' TSP, rather than the TSP itself, which must include the information required under subregulation 2.84(2).

                                                                

Item [17] - Paragraph 2.84(2)(b)

Item 17 removes the requirement for Airservices' TSP to set out procedures for reporting aviation security incidents as those reporting requirements are set out in Part 6 of the Act.

 

Item [18] - Regulation 2.86

Item 18 removes the requirement for Airservices' TSP to specify which positions have been assigned particular security roles and responsibilities. This is already a requirement under regulation 2.79 of the Principal Regulations. It also removes the requirement for Airservices' TSP to set out a mechanism for providing security awareness training, and replaces it with a requirement to provide such training.

 

 

 

 

 

 

Schedule 4 - Other amendments

 

Item [1] - After subregulation 2.13(1A)

Item 1 is consequential to Item 4 below. Item 4 repeals the requirement in subregulation 2.15(4) for an airport operator to provide both a description and a map of the apron or aprons of a security controlled airport (where a screened air service is operating). However, an airport operator must provide a document that contains a description of the apron or aprons of the airport (which may be in the form of a map). Item 1 inserts this requirement in regulation 2.13.

 

Item [2] - Regulation 2.15 (heading)

Item 2 is a consequence of Item 4 below. The new heading reflects that regulation 2.15 now only applies to maps of the airside and landside areas, and any security zones at a security controlled airport.

 

Item [3] - Subregulation 2.15(1)

Item 3 is also consequential to the amendment made by Item 4 below. Regulation 2.15 no longer contains any subregulations.

 

Item [4] - Subregulations 2.15(2), (3) and (4)

Item 4 removes the requirement for an airport operator's TSP to include maps containing the information currently specified in subregulations 2.15(2), (3) and (4). These maps are not required for any regulatory decision-making function under the Act or Principal Regulations. The maps also duplicate other existing requirements for the provision of information under the Principal Regulations and the Civil Aviation Safety Regulations 1998. It is therefore an unnecessary regulatory burden and can be removed.


Item [5] - Subregulation 2.31(1A)(a)(iii)

Item 5 repeals the requirement for aircraft operators to provide a map showing the boundaries of their operational facilities located on a security controlled airport. Aircraft operators are already required to set out details of their operational facilities in their TSP under regulation 2.31. This change removes the requirement for them to also provide a map, but does not remove the requirement for the information to be provided or prevent a map from being used for this purpose.

 

Item [6] - Subregulation 2.45(2)

Item 6 corrects a technical error by removing the word 'airport' and substituting it with the word 'facilities'. The existing subregulation states that an aircraft operator must provide security awareness training for relevant staff enabling them to properly perform the security-related aspects of their positions at the 'operator's airport'. As this subregulation refers to aircraft operators, the reference to the 'operator's airport' is incorrect (aircraft operators do not operate airports). The reference should be to the 'operator's facilities'.

 

Item [7] - Subregulation 4.02(3) (definition of apron)

Item 7 is consequential to the repeal of subregulation 2.15(4) (see Item 4 above) and the insertion of subregulation 2.13(1B) (see Item 1 above). The definition of 'apron' now refers to an apron or aprons described in the document accompanying airport operator's TSP in accordance with subregulation 2.13(1B).

 

Schedule 5 - Application and transitional provisions

Item [1] - In the appropriate position in Part 10

Transitional arrangements for Item 12 of Schedule 2 of this Regulation

Item 1 inserts transitional arrangements for the new sign prescribed in Item 12 (SRA sign) of Schedule 2 above. The arrangements allow airport operators to continue to use existing signs to meet their obligations under subregulation 3.16(4) for a period of three years from the day this Regulation commences. Airport operators will be required to display the new sign once this transition period has elapsed. The SRA can comprise a large physical area of a security controlled airport with a large number of potential access points where both internal and external signs need to be displayed. The transitional period reflects the operational complexity of replacing these signs.


Transitional arrangements for Items 19, 21 and 23 of Schedule 2 of this Regulation

Item 1 would insert transitional arrangements for the new signs prescribed in Items 19 (fuel storage zone sign), 21 (air traffic control facilities zone sign) and 23 (navigational aids zone sign) of Schedule 2 above. The arrangements allow airport operators to continue to use existing signs to meet their obligations under subregulations 3.22(4), 3.23(4) and 3.24(4) for a period of four months from the day this Regulation commences.

 

Affected airport operators are required to ensure signs met new requirements once the transition period has elapsed. The length of the transition period has been selected to strike a balance between a need for the existing signs (which are incorrect) to be corrected in a timely manner and that affected AIPs will need to source and display new signs, or amend existing signs to remove or cover over incorrect wording. Due to the insertion of new regulation 3.24A, rather than replacing the three existing types of signs required by regulations 3.22, 3.23 and 3.24, affected AIPs now have the option of using a single sign to advise about the requirements that apply to these landside security zones.


Transitional arrangements for Schedule 3 of this Regulation

Item 1 inserts a provision into Part 10 of the Principal Regulations provides that the amendments made to the Principal Regulations by Schedule 3 apply to the approval of a TSP or to the approval of proposed alterations to a TSP, on or after the proposed commencement of this Regulation. Consequently, if Airservices has submitted a proposed TSP or proposed alterations to their existing TSP to the Secretary for approval, but the Secretary has not given approval prior to the proposed commencement of this proposed Regulation, Airservices would need to ensure its proposals comply with the Principal Regulations as amended by this Regulation.

 

This provision confirms that a decision to approve or refuse Airservices' TSP is based on the requirements in force on the day the decision is made. This prevents the need for both the Secretary and Airservices to determine which regulatory standards apply to Airservices, based on whether they submitted a proposed TSP or alterations to their existing TSP before or after the commencement of this Regulation.

 

This provision also confirms that the regulatory changes made by Schedule 3 do not require Airservices to amend their existing, approved TSP. This prevents additional regulatory burdens. It also provides certainty that any existing, approved TSP remains compliant with Part 2 of the Act despite this Regulation.

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