Air Navigation (Checked Baggage) Amendment Regulations 2004 (No. 1) (Cth)

Air Navigation (Checked Baggage) Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 3022

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 31 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

1Name of Regulations

These Regulations are the Air Navigation (Checked Baggage) Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on 31 December 2004.

3Amendment of Air Navigation (Checked Baggage) Regulations 2000

Schedule 1 amends the Air Navigation (Checked Baggage) Regulations 2000.

Schedule 1Amendments

(regulation 3)

[1]Regulation 3, after definition of checked in

insert

domestic aircraft means an aircraft that is engaged in a domestic air service.

[2]Regulation 3, definition of international aircraft

substitute

international aircraft means an aircraft that is engaged in an international air service.

[3]Regulation 3, definition of passenger air service, except the note

omit

[4]Regulation 3, note

after

· carriage

insert

· categorised airport

[5]Regulation 3, note

after

· crew

insert

· domestic air service

· international air service

[6]Regulation 5

omit

international aircraft,

insert

aircraft to which section 20 of the Act applies,

[7]Regulation 5, at the foot

insert

Note Subsection 20 (1) of the Act provides as follows:

(1) This section applies to an aircraft that is:

(a) a regular public transport aircraft that:

(i) is fitted to carry 100 or more passengers; and

(ii) is not engaged in an international flight; or

(b) a regular public transport aircraft that is engaged in an international flight; or

(c) a charter aircraft that:

(i) is fitted to carry 100 or more passengers; and

(ii) is not engaged in an international flight; or

(d) a charter aircraft that:

(i) is fitted to carry 38 or more passengers; and

(ii) is engaged in an international flight.

[8]Subregulations 6 (1A) and (1B)

substitute

1. (1A)

   If a terminal operator is given a direction under paragraph 8 (1) (a) to do so, the operator must ensure that an item of checked baggage that is processed through the terminal facility is screened and cleared before the item is authorised to be loaded on board a domestic aircraft.

Penalty: 45 penalty units.

1. (1B)

   An offence against subregulation (1) or (1A) is an offence of strict liability.

2. (1C)

   It is a defence to a prosecution for an offence against subregulation (1) or (1A) that the items not screened or cleared were exempt items.

[9]Subregulation 6 (2)

omit

subsection (1),

insert

subregulations (1) and (1A),

[10]Paragraph 6 (2) (a)

omit

regulation 8; and

insert

paragraph 8 (1) (b); and

[11]Paragraph 6 (2) (b)

omit

regulation 8 —

insert

paragraph 8 (1) (b) —

[12]Subregulation 7 (1), except the penalty

substitute

1. (1)

   A terminal operator must establish testing procedures for the screening of checked baggage if:

   1. (a)

      under subregulation 6 (1), the operator must ensure that items of checked baggage are screened; or

   2. (b)

      the terminal facility is in a categorised airport and items of checked baggage are to be processed through the facility for loading on board a domestic aircraft.

[13]Subregulation 8 (1)

substitute

1. (1)

   The Secretary may give directions to a terminal operator or an aircraft operator about the following:

   1. (a)

      the items of checked baggage that must be screened and cleared at the terminal facility before being loaded on board a domestic aircraft;

   2. (b)

      the procedures to be followed in screening items of checked baggage at the terminal facility before being loaded on board a domestic or an international aircraft.

[14]Paragraph 8 (4) (a)

omit

screened at

insert

processed through

[15]After subregulation 9 (1)

insert

1. (1A)

   However, the Secretary must not exempt all items of checked baggage that are to be processed through a terminal facility unless:

   1. (a)

      the exemption is temporary; and

   2. (b)

      the Secretary is satisfied that the exemption will not adversely affect aviation security.

[16]Subregulation 11 (1)

omit

international

[17]Subregulation 13 (1)

omit each mention of

international

[18]Subregulation 13 (3)

omit

international

[19]After regulation 14

insert

15Delegation

The Secretary may delegate his or her powers under these Regulations (other than this power of delegation) to an APS employee in the Department.

Notes

1. These Regulations amend Statutory Rules 2000 No. 95, as amended by 2002 No. 13.

2. Notified in the Commonwealth of Australia Gazette