Air Navigation (Checked Baggage) Regulations 2000 (Cth)

Air Navigation (Checked Baggage) Regulations 2000

Statutory Rules 2000 No. 95 as amended

made under the

Air Navigation Act 1920

This compilation was prepared on 31 December 2004

taking into account amendments up to SR 2004 No. 302

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the Air Navigation (Checked Baggage) Regulations 2000.

2Commencement

 These Regulations commence on gazettal.

3Interpretation

 In these Regulations:

Act means the Air Navigation Act 1920.

carry-on luggage means an article or possession of an aircraft passenger or crew member that is intended to be accessible to the passenger or crew member while the aircraft is in flight.

checked baggage means an article or possession of an aircraft passenger or crew member, except carry-on luggage, that:

1. (a)

   has been checked in for a flight on the aircraft; and

2. (b)

   is intended to be carried on board the aircraft or another aircraft.

checked in, for an item of checked baggage, means that the item:

1. (a)

   has been presented to an aircraft operator, or another person on the operator’s behalf, for carrying on a flight on board an aircraft of the operator; and

2. (b)

   has been accepted by the aircraft operator, or the other person on the operator’s behalf, for that purpose.

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

exempt item means an item of checked baggage that has been exempted by the Secretary under subregulation 9 (1).

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

passenger, for an aircraft, means a person, other than a crew member, carried on the aircraft or intending to be carried on the aircraft.

Note   A number of terms used in these Regulations are defined in the Act, and have the same meanings in these Regulations as they have in the Act. These terms include:

· aircraft · aircraft operator · airport · air service · Australian territory · carriage · categorised airport · clear · crew · domestic air service · international air service · operator, in relation to an aircraft · operator, in relation to a terminal facility · screen · screening officer · sterile area · terminal facility · terminal operator.

4What is a weapon

 For paragraph (b) of the definition of weapon in subsection 3 (1) of the Act, for the purpose of screening and clearing items of checked baggage, an explosive device is a weapon.

5Application

These Regulations apply to items of checked baggage that are to be loaded on board an aircraft to which section 20 of the Act applies, except items that are, or are to be, taken into a sterile area before being loaded on board the aircraft.

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.

6Screening and clearance of checked baggage

1. (1)

   A terminal operator must ensure that all items of checked baggage that are processed through the terminal facility are screened and cleared before the items are authorised to be loaded on board an international aircraft.

   Penalty:   45 penalty units.

   Note Section 3AD of the Act provides that goods are screened if a screening officer has applied testing procedures to the goods to detect the presence of any weapon that might be in the goods, and that goods are cleared if screening has not revealed the presence of any weapon in the goods or, if a weapon has been detected in the goods, it is surrendered to a screening officer.

2. (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.

3. (1B)

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

4. (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.

5. (2)

   For subregulations (1) and (1A), items must be screened in accordance with:

   1. (a)

      any directions given to the operator under paragraph 8 (1) (b); and

   2. (b)

      except to the extent of any inconsistency with directions given to the operator under paragraph 8 (1) (b) — procedures established by the operator under regulation 7.

6. (3)

   For this regulation, if a person who is not an authorised person has access to an item of checked baggage that has been cleared, the item is no longer taken to have been screened and cleared.

7. (4)

   For subregulation (3), a person is authorised to have access to an item of checked baggage if the person:

   1. (a)

      is authorised by the operator of the aircraft on which it is to be, or is, loaded to have access to the item; or

   2. (b)

      is authorised under a law of the Commonwealth, or of a State or Territory, to have access to the item.

7Testing procedures

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.

   Penalty:   45 penalty units.

2. (2)

   The operator must set the procedures out in writing and give a copy to the Secretary.

   Penalty:   45 penalty units.

3. (3)

   An offence against subregulation (1) or (2) is an offence of strict liability.

   Note   For strict liability, see section 6.1 of the Criminal Code.

8Directions

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.

2. (2)

   If the Secretary gives a direction to a terminal operator under subregulation (1), the operator must comply with the direction.

   Penalty:   45 penalty units.

3. (2A)

   An offence against subregulation (2) is an offence of strict liability.

   Note   For strict liability, see section 6.1 of the Criminal Code.

4. (3)

   Without limiting subregulation (1), directions under that subregulation may include:

   1. (a)

      directions about the kind of screening equipment that may be used, any standards that the equipment must comply with, and the operation, maintenance and testing of the equipment; and

   2. (b)

      directions about the characteristics, experience and qualifications of the screening officers, and any training or testing standards that the screening officers must comply with; and

   3. (c)

      any other directions intended to ensure that the best practice is used for screening at a terminal facility.

5. (4)

   In giving a direction under subregulation (1), the Secretary must have regard to:

   1. (a)

      the kind of checked baggage to be processed through the terminal facility; and

   2. (b)

      the category of the airport in which the terminal facility is located; and

   3. (c)

      the number of passengers using the terminal facility; and

   4. (d)

      the resources available for screening checked baggage at the terminal facility; and

   5. (e)

      the risk of a weapon being contained in an item of checked baggage; and

   6. (f)

      the types of weapon that may be contained in an item of checked baggage; and

   7. (g)

      the interests of aviation security generally.

9Exemptions

1. (1)

   The Secretary may exempt, in writing, an item of checked baggage from the requirement to be screened and cleared under these Regulations.

2. (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.

3. (2)

   An exemption under subregulation (1) may be made subject to a condition mentioned in the exemption.

4. (3)

   In making an exemption under subregulation (1), the Secretary must have regard to:

   1. (a)

      the category of the airport at which the item is being processed; and

   2. (b)

      the number of passengers using the terminal facility at which the item is being processed; and

   3. (c)

      the resources available for screening checked baggage at the terminal facility at which the item is being processed; and

   4. (d)

      the risk of a weapon being contained in an item of checked baggage; and

   5. (e)

      the types of weapon that may be contained in an item of checked baggage; and

   6. (f)

      the destination of the aircraft on board which the item is intended to be loaded; and

   7. (g)

      whether the item is being transferred direct from an inbound flight; and

   8. (h)

      the interests of aviation security generally.

10Requirement to tell intending passengers about screening

1. (1)

   A terminal operator must display, with reasonable prominence and in sufficient numbers to give reasonable notice to intending passengers in the terminal facility, notices that state that items of checked baggage may be screened.

   Penalty:   10 penalty units.

2. (1A)

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

   Note   For strict liability, see section 6.1 of the Criminal Code.

3. (2)

   This regulation does not apply to a terminal operator if all items of checked baggage that are being processed through the terminal facility are exempt items.

11Explosive devices not to be loaded on board aircraft

1. (1)

   A terminal operator must ensure that an explosive device that is detected in an item of checked baggage during screening at the terminal facility is not loaded on board an aircraft.

   Penalty:   45 penalty units.

2. (2)

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

   Note   For strict liability, see section 6.1 of the Criminal Code.

12Opening of checked baggage

 Nothing in these Regulations authorises a terminal operator or a screening officer to open an item of checked baggage without the consent of a person who is entitled to possession of the item, or of the person who checked the item in, unless:

1. (a)

   the operator makes a reasonable attempt to find a person who is entitled to possession of the item, or the person who checked the item in; and

2. (b)

   no such person is found.

13Aircraft operators not to permit uncleared items to be loaded

1. (1)

   The operator of an aircraft may permit an item of checked baggage to be loaded on board the aircraft only if:

   1. (a)

      if the item has been processed through a terminal facility — the terminal operator has authorised the item for loading onto an aircraft; and

   2. (b)

      in any other case — the item:

      1. (i)

         has been screened (in accordance with any directions given to the operator under regulation 8) and cleared; or

      2. (ii)

         is an exempt item.

   Penalty:   45 penalty units.

2. (2)

   Subregulation (1) does not apply to an item of checked baggage if the item is, or is part of, a passenger’s accompanying possessions, within the meaning of subsection 20 (5) of the Act.

   Note   Subsection 20 (5) of the Act prohibits an aircraft operator from accepting, without reasonable excuse, a passenger’s accompanying possessions unless they have been screened and cleared by the operator.

3. (3)

   The operator of an aircraft must ensure that an explosive device that is detected in an item of checked baggage during screening is not loaded on board the aircraft.

   Penalty:   45 penalty units.

4. (4)

   An offence against subregulation (1) or (3) is an offence of strict liability.

   Note   For strict liability, see section 6.1 of the Criminal Code.

14Review of decisions

 The following decisions of the Secretary may be reviewed under the Administrative Appeals Tribunal Act 1975:

1. (a)

   a decision to issue a direction under subregulation 8 (1);

2. (b)

   a decision to exempt an item of checked baggage under subregulation 9 (1).

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 to the Air Navigation (Checked Baggage) Regulations 2000

Note 1

The Air Navigation (Checked Baggage) Regulations 2000 (in force under the Air Navigation Act 1920) as shown in this compilation comprise Statutory Rules 2000 No. 95 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
2000 No. 95	9 June 2000	9 June 2000
2002 No. 13	21 Feb 2002	21 Feb 2002	—
2004 No. 302	7 Sept 2004	31 Dec 2004	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3........................................	am. 2004 No. 302
Note to r. 3............................	am. 2004 No. 302
R. 5........................................	am. 2004 No. 302
Note to r. 5............................	ad. 2004 No. 302
Rr. 6‑8...................................	am. 2002 No. 13; 2004 No. 302
R. 9........................................	am. 2004 No. 302
R. 10......................................	am. 2002 No. 13
R. 11......................................	am. 2002 No. 13; 2004 No. 302
R. 13......................................	am. 2002 No. 13; 2004 No. 302
R. 15......................................	ad. 2004 No. 302