Air Navigation (Aviation Security Status Checking) Regulations 2004 (Cth)

Air Navigation (Aviation Security Status Checking) Regulations 2004

Statutory Rules 2004 No. 2071

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Air Navigation Act 1920.

Dated 8 July 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

Contents

    1Name of Regulations

These Regulations are the Air Navigation (Aviation Security Status Checking) Regulations 2004.

2Commencement

These Regulations commence on 9 July 2004.

3Definitions

In these Regulations:

Act means the Air Navigation Act 1920.

adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.

conviction (of a person of an offence) has the same meaning as in Subdivision 3 of Division 7 of Part 7 of the Air Navigation Regulations 1947.

flight crew licence has the same meaning as in the Civil Aviation Regulations 1988.

qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

security-relevant offence has the same meaning as Subdivision 3 offence has in Subdivision 3 of Division 7 of Part 7 of the Air Navigation Regulations 1947.

unlawful non-citizen has the same meaning as in the Migration Act 1958.

4Eligibility to apply for issue of flight crew licences

A person is not eligible to apply for the issue of a flight crew licence if the Secretary decides that the person has an adverse aviation security status.

5Decisions about aviation security status

1. (1)

   For the purpose of deciding whether or not a person has an adverse aviation security status, the Secretary must have regard to any relevant background or security checks in relation to the person, including:

   1. (a)

      a security assessment in relation to the person; and

   2. (b)

      a check of whether the person is an unlawful non-citizen; and

   3. (c)

      any check that has been done of any criminal record that the person has.

2. (2)

   The Secretary:

   1. (a)

      may decide that a person has an adverse aviation security status if the person:

      1. (i)

         is the subject of an adverse or qualified security assessment; or

      2. (ii)

         has been convicted of a security-relevant offence; and

   2. (b)

      must decide that a person who is an unlawful non-citizen has an adverse aviation security status.

3. (3)

   Before deciding that a person who is the subject of an adverse or qualified security assessment has an adverse aviation security status, the Secretary must consider whether the person’s holding a flight crew licence would present a threat to aviation security.

4. (4)

   Before deciding that a person who has been convicted of a security-relevant offence has an adverse aviation security status, the Secretary must consider:

   1. (a)

      the nature of the offence; and

   2. (b)

      the length of any term of imprisonment imposed on the person; and

   3. (c)

      if the person has served the term, or part of the term — how long that part is, and his or her conduct since he or she did so; and

   4. (d)

      if the whole of the sentence imposed was suspended — how long the sentence is, and the person’s conduct since the sentence was imposed; and

   5. (e)

      anything else relevant that the Secretary knows about.

6Notice of Secretary’s decisions

If the Secretary decides that a person has an adverse aviation security status, the Secretary:

1. (a)

   must inform the person in writing of the decision and of the resulting effect of regulation 4 on the person; and

2. (b)

   must also inform CASA of the decision.

7Information exchange for purposes of background and security checking

1. (1)

   In subregulation (2):

application information means information given to CASA by an applicant for a flight crew licence for the purposes of the application, and includes personal information within the meaning of the Privacy Act 1988.

1. (2)

   CASA may provide application information to any or all of the following:

   1. (a)

      the Australian Federal Police;

   2. (b)

      the Australian Security Intelligence Organisation;

   3. (c)

      the Department of Immigration and Multicultural and Indigenous Affairs;

for the purposes of carrying out background and security checks for the purposes of these Regulations.

1. (3)

   CASA may assist an applicant for a flight crew licence to consent to background and security checks for the purposes of these Regulations.

Note For example, CASA may make appropriate provision on an application form.

1. (4)

   An agency mentioned in subregulation (2) may communicate, to the Secretary or to CASA, the result of a check that it has carried out for the purposes of these Regulations.

8Review of decisions

Application may be made to the Administrative Appeals Tribunal for review of a decision that a person has an adverse aviation security status.

9Delegation

The Secretary may delegate his or her powers under these Regulations (other than this power of delegation) to:

1. (a)

   an SES employee in the Department; or

2. (b)

   an APS employee in the Department classified as an Executive Level 2 employee.

Note

1. Notified in the Commonwealth of Australia Gazette on 9 July 2004.