Air Navigation Regulations (Amendment) (Cth)
REGULATIONS UNDER THE AIR NAVIGATION ACT 1920.*
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated this twenty-fifth day of July, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport.
————
Amendments of the Air Navigation Regulations
“ Part XVIa—Aviation Security
“ 298. Where—
(a) an aviation security program has been varied in accordance with a direction under sub-regulation 307 (1); or
(b) proposals for variations of an aviation security program have been approved under sub-regulation 308 (4),
a reference in this Part to an aviation security program shall, in relation to that program, be read as a reference to that program as varied in accordance with that direction or those proposals, as the case may be.
“ 299. The provisions of regulations 300 and 301 apply only in relation to operations of international air services on and after 1 November 1977.
“ 300. (1) The operator of an international air service to or from Australian territory (being a regular public transport service) shall not cause or permit an aircraft used in that service to—
(a) fly over Australian territory; or
(b) land at or take off from an aerodrome designated as an international airport under sub-section 9 (1) of the Act,
*
Notified in the
Statutory Rules 1947, No. 112 as amended by Statutory Rules 1947, No. 162; 1948, No. 69; 1949, Nos. 6 and 70; 1950, No. 69; 1952, Nos. 30, 46 and 87; 1953, No. 44; 1954, Nos. 26, 32 and 119; 1955, No. 29; 1956, No. 16; 1957, No. 12; 1958, No. 77; 1960. Nos. 21, 96 and 99; 1961, No. 102; 1964, Nos. 61 and 128; 1965. No. 33, 1966, No. 5; 1967, No. 65; 1969, No. 4; 1970, Nos. 21 and 214; 1971, No. 31; 1972, No. 166; 1973, Nos. 182 and 247; 1974, Nos. 36, 54 and 96; 1975. No. 32; and 1976, Nos. 67, 77, 111 and 124.
unless—
(c) an aviation security program prepared and submitted by the operator under sub-regulation 302 (1) has been approved by the Secretary under regulation 303; and
(d) that approval is in force.
“ (2) Where the approval of an aviation security program given under regulation 303 is in force, the operator who prepared the program shall not fail to implement the program in relation to—
(a) an aircraft used in the international air service conducted by the operator; or
(b) any passenger or any baggage, mail or other cargo on board such an aircraft.
“ 301. An operator of an international air service (not being a regular public transport service) shall not cause or permit an aircraft used in that service to—
(a) fly over Australian territory; or
(b) land at or take off from an aerodrome designated as an international airport under sub-section 9 (1) of the Act,
unless the operator implements, in relation to—
(c) that aircraft; and
(d) any passenger and any baggage, mail and other cargo on board that aircraft,
security procedures that are adequate for the purposes specified in sub-regulation 302 (2).
“ 302. (1) The operator of an international air service to or from Australian territory (being a regular public transport service) shall prepare, and submit to the Secretary for his approval, a proposed aviation security program.
“ (2) A proposed aviation security program referred to in sub-regulation (1) shall specify the equipment to be used, and the procedures to be followed, by the operator for the purposes of—
(a) preventing the unlawful carriage on any aircraft used in the international air service conducted by the operator (whether on the person of a passenger or as or in baggage, mail or other cargo) of any firearm, ammunition, weapon, incendiary device or explosive, or other substance or thing that, by reason of its nature or condition, may endanger the safety of the aircraft or the safety of persons or property on board the aircraft;
(b) preventing any person from having unlawful access to such an aircraft;
(c) ensuring that all baggage, mail and other cargo to be taken on board such an aircraft is accepted for that purpose only by an employee, or other duly authorized agent or representative, of the operator;
(d) preventing baggage, mail and other cargo from being taken on board such an aircraft except in accordance with specified security procedures; and
(e) the protection of such an aircraft and of persons and property on board such an aircraft in the event that, because of a threat or warning having been received or otherwise, there is reason to believe that there exists a danger to the safety of the aircraft or to the safety of those persons or that property.
“ (3) Without limiting the generality of sub-regulation (2), the equipment and procedures to be specified in a proposed aviation security program referred to in sub-regulation (1) include equipment to be used, and procedures to be followed, by the operator—
(a) at any aerodrome designated as an international airport under sub-section 9 (1) of the Act at which aircraft used in the international air service conducted by the operator land;
(b) on board such an aircraft while the aircraft is on the ground at such an aerodrome or while it is in flight to or from Australian territory; and
(c) in the case of such an aircraft on a flight to Australian territory from a place outside Australian territory—at the place outside Australian territory at which the aircraft last lands, or last takes on board passengers or baggage, mail or other cargo, before that flight.
“ 303. Subject to regulation 307, the Secretary shall—
(a) if he is satisfied that a proposed aviation security program submitted to him under sub-regulation 302 (1) would be adequate for the purposes specified in sub-regulation 302 (2)—by notice in writing to the operator who prepared the program, approve the program; or
(b) if he is not so satisfied—by notice in writing to the operator, refuse to approve the program.
“ 304. An approval of an aviation security program given under regulation 303 remains in force until that approval is cancelled by the Secretary under regulation 306 or sub-regulation 307 (3).
“ 305. The Secretary shall, at intervals of not more than 12 months, review an aviation security program approved by him under regulation 303 in order to determine whether the program continues to be adequate for the purposes specified in sub-regulation 302 (2).
“ 306. Subject to regulation 307, where, at any time, the Secretary is satisfied that an aviation security program approved by him under regulation 303 is no longer adequate for the purposes specified in sub-regulation 302(2), he shall, by notice in writing to the operator who prepared the program, cancel that approval.
“ 307. (1) Subject to sub-regulation (2), where the Secretary is of the opinion that—
(a) a proposed aviation security program submitted to him under sub-regulation 302 (1) would not be adequate; or
(b) an aviation security program approved by him under regulation 303 is no longer adequate,
for the purposes specified in sub-regulation 302 (2), he may, by notice in writing to the operator who prepared the program, direct the operator to vary the program—
(c) by reference to the equipment to be used, the procedures to be followed, or both; or
(d) in such other manner as the Secretary specifies in the notice.
“ (2) The Secretary shall not give a direction under sub-regulation (1) unless he is satisfied that the variation will, if implemented, make the program adequate for the purposes specified in sub-regulation 302 (2).
“ (3) If the operator fails to comply with a direction under sub-regulation (1) given to him, the Secretary shall, by notice in writing to the operator—
(a) refuse to approve the proposed aviation security program; or
(b) cancel the approval of the aviation security program given under regulation 303,
as the case requires.
“ 308. (1) Where an aviation security program has been approved under regulation 303, the operator who prepared the program shall, from time to time as necessary while that approval remains in force, review the program.
“(2) In reviewing an aviation security program in pursuance of sub-regulation (1), the operator shall have regard particularly to—
(a) developments, whether in Australia or overseas, in relation to the kinds of equipment used, and procedures followed, in relation to aviation security; and
(b) experience gained, whether in Australia or overseas, by other operators of international air services in relation to aviation security.
“ (3) Where the operator is of the opinion that—
(a) his aviation security program is no longer adequate for the purposes specified in sub-regulation 302 (2); or
(b) the efficacy of his aviation security program for those purposes could be substantially improved,
the operator may prepare, and submit to the Secretary for his approval, proposals for such variations of the program as the operator considers necessary.
“ (4) The Secretary shall—
(a) if he is satisfied that proposals submitted to him under sub-regulation (3) for variations of an aviation security program will, if implemented—
(i) make the program adequate for the purposes specified in sub-regulation 302 (2); or
(ii) be a substantial improvement in the efficacy of the program for those purposes,
by notice in writing to the operator, approve the proposals; or
(b) if he is not so satisfied—by notice in writing to the operator, refuse to approve the proposals.”.
(a) by omitting from paragraph (f) of sub-regulation (3) the word “ or ” (last occurring); and
(b) by adding at the end of sub-regulation (3) the following paragraphs:—
“ (h) a specified operator of an international air service to or from Australian territory had or had not submitted a proposed aviation security program under sub-regulation 302 (1);
(j) a proposed aviation security program prepared and submitted by a specified operator of an international air service to or from Australian territory under sub-regulation 302 (1) had or had not been approved under regulation 303; or
(k) approval of a specified aviation security program given under regulation 303 was or was not in force.”.
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