Air Navigation Regulations (Amendment) (Cth)

No judgment structure available for this case.

Statutory Rules 1995

No. 342 1

__________________

Air Navigation Regulations 2(Amendment)

I, THE 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 16 November 1995.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

LAURIE BRERETON

Minister for Transport

____________

1. Commencement

1.1 These Regulations commence on the same day as item 1 in the Schedule to the Transport Legislation Amendment Act (No. 2) 1995 commences.

2. Amendment

2.1 The Air Navigation Regulations are amended as set out in these Regulations.

3. Regulation 5 (Interpretation)

3.1 Subregulation 5 (1) (definitions of “aerodrome”, “Aeronautical Information Publications” (or “AIP”), “aeroplane”, “aircraft component”, “aircraft material”, “Air Traffic Control”, “Authority”, “categorised airport”, “charter aircraft”, “commercial operation”, “Federal airport”, “flight”, “military aerodrome”, “operator”, “protective service officer”, “regular public transport aircraft”, “regular public transport service”, “screening”, “security restricted area”, “sterile area” and “weapon”):

Omit the definitions.

3.2 Subregulation 5 (1) (definition of “cargo”):

Omit the definition, substitute:

“‘cargo’ means property carried on board an aircraft other than stores, baggage or carry-on luggage;”.

3.3 Subregulation 5 (1) (definition of “international air service”):

Omit “international”, substitute “scheduled international”.

3.4 Subregulation 5 (1) (definition of “international air service”):

Omit “pass” (twice occurring), substitute “passes”.

3.5 Subregulation 5 (1):

Insert the following definitions:

“‘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;

‘private operation’ means an operation of an aircraft that is not:

(a)

a regular public transport operation; or

(b)

a charter operation;

‘stores’, in relation to an aircraft,means items properly for use, sale or consumption on board the aircraft in flight;”.

3.6 Subregulation 5 (1A):

Omit the subregulation.

3.7 Subregulation 5 (2):

Omit the subregulation.

4. New regulation 5A

4.1 After regulation 5, insert:

What is a weapon?

“5A.For the purposes of paragraph (b) of the definition of ‘weapon’ in subsection 3 (1) of the Act, a thing described in column 2 of an item in Schedule 1 is a weapon.

5. Regulation 6 (Application of Regulations)

5.1 Subregulation 6 (5):

Omit “military aerodromes.”, substitute “an airport under the control of any part of the Defence Force.”.

6 Regulation 119 (Carriage of weapons on aircraft)

6.1 Omit the regulation.

7. Division 1A of Part XVIA (Aviation security and air services)

7.1 Omit the heading to the Division, substitute:

“Division 1A—General”.

8. Regulation 297 (Interpretation)

8.1 Definitions of “airport”, “airport security program”, “aviation security program”, “Corporation”, “operator” (both definitions), “uniformed security force” and “working day”:

Omit the definitions.

9. Regulation 297A (Report of threat to aviation security)

9.1 Omit the regulation.

10. Regulation 297B (Report of unlawful interference)

10.1 Omit the regulation.

11. Regulation 297C (Reports generally)

11.1 Omit the regulation.

12. Regulation 297D (Screened passengers and their possessions)

12.1 Omit the regulation.

13. Regulation 297E (Control of entry to sterile areas)

13.1 Omit the regulation.

14. Regulation 297EA (Sterile areas: weapons)

14.1 Omit the regulation.

15. Regulation 297F (Sterile areas: international flights)

15.1 Omit the regulation.

16. Regulation 297G (Secretary may give directions)

16.1 Omit the regulation.

17. Regulation 297H (Passenger baggage)

17.1 Omit the regulation.

18. Regulation 297J (Private and charter aircraft passengers)

18.1 Paragraph 297J (b):

Omit “297D (c);”, substitute “20 (1) (c) or (d) of the Act;”.

19. Regulation 297L (Authorised vehicles)

19.1 Omit “an area of an aerodrome to which access is restricted for the purposes of aviation security”, substitute “a security restricted area”.

20. Regulation 297M (Aviation security signs)

20.1 Paragraph 297M (1) (b):

Omit “regulation 297G;”, substitute “section 22ZV of the Act;”.

20.2 Paragraph 297M (2) (d):

Omit “an authority, other than the Authority,”, substitute “a person, other than Airservices Australia,”.

20.3 Paragraph 297M (2) (e):

Omit “(d);”, substitute “(d); or”.

21. Regulation 297P (Persons in lawful custody on an aircraft)

21.1 Subregulation 297P (1) (definition of “person in lawful custody”):

Omit the definition, substitute:

“‘person in lawful custody’ means a person who:

(a)
is in the custody, or under the supervision, of an officer within the meaning of the Migration Act 1958, for the purpose of ensuring that the person:
(i)
is removed from Australia under that Act; or
(ii)
is deported from Australia under that Act; or
(iii)
leaves Australia, whether with or without a bridging visa given under that Act; or
(b)
not being a person referred to in paragraph (a)—is compelled to be taken from one place to another, in accordance with a law of Australia.”.

22. New Division 1AB of Part XVIA

22.1 After Regulation 297P, insert:

“Division 1AB—Pre-flight security check

Interpretation

“297Q.

In this Division:

‘originating flight’, in relation to a relevant aircraft, means the first flight of the aircraft:

(a)
since returning to service after undergoing maintenance at a place away from a passenger terminal building or a cargo terminal building; or
(b)
since the previous flight, if the aircraft:
(i)
has not been sealed for the purpose of preventing unauthorised access to the aircraft; or
(ii)
has not been placed under the continuous surveillance of at least 1 person, being a person authorised by the aircraft operator for the purpose of preventing unauthorised access to the aircraft;

[NOTE: An example of when an aircraft may not be under surveillance is when the aircraft is on an overnight stop.]

‘pre-flight security check’, in relation to a relevant aircraft, means a check of the aircraft conducted by the aircraft operator for the purpose of ensuring that there are no weapons, explosives or incendiary devices located in areas reasonably accessible to passengers or crew;

‘relevant aircraft’ means:

(a)
an aircraft that is used in an international air service that is a regular public transport operation; or
(b)
an aircraft that:
(i)
is used in an international air service that is a charter operation; and
(ii)
is fitted to carry at least 38 passengers.

Aircraft operator to conduct pre-flight security check

“297R.

(1) Before the start of an originating flight by a relevant aircraft, the aircraft operator must conduct a pre-flight security check of the aircraft, in accordance with subregulation (2).

“(2)

A check of a relevant aircraft must include:

(a)
an inspection of the flight deck, passenger cabin, toilets, crew rest stations and the catering and food preparation areas, of the aircraft; and
(b)
an inspection of the storage facilities in those areas of the aircraft (including cupboards, passenger lockers, crew lockers and equipment lockers); and
(c)
an inspection of the exterior of the aircraft (including wheel wells) for signs of tampering.

“(3)

Except with reasonable excuse, an aircraft operator must not contravene subregulation (1).

Penalty: 50 penalty units.

[NOTE: The flight of an aircraft is taken to start:

(a)

when the last external door is closed in preparation for the first movement of the aircraft for the purpose of taking off on the flight; or

(b)

if the aircraft moves, before all external doors are closed, for the purpose of taking off on the flight—when it first so moves. (See s. 3AB of the Act.)]

Procedure after pre-flight security check

“297S.

(1) On completion of a pre-flight security check of a relevant aircraft before an originating flight, and until the start of the flight, the aircraft operator must:

(a)
seal the aircraft for the purpose of preventing unauthorised access to the aircraft; or
(b)
place the aircraft under the continuous surveillance of at least 1 person, being a person authorised by the operator for the purpose of preventing unauthorised access to the aircraft.

“(2)

Except with reasonable excuse, an aircraft operator must not contravene subregulation (1).

Penalty: 50 penalty units.”.

[NOTE: See the Note to regulation 297R as to when the flight of an aircraft is taken to start.]

23. Division 1 of Part XVIA (Aviation security programs)

23.1 Omit the Division.

24. New Division 2A of Part XVIA

24.1 After regulation 297S, insert:

“Division 2A—International cargo

Interpretation

“309A.

In this Division:

‘air cargo agent’ means a person who carries on the business of handling international cargo;

‘handle’, in relation to international cargo, includes store and transport;

‘international cargo’ means cargo intended for carriage by a relevant aircraft from a place in Australian territory to a place outside Australian territory;

‘international cargo security program’ has the meaning given by regulation 309D;

‘list’ means the list of air cargo agents referred to in regulation 309B;

‘regulated agent’ means an air cargo agent included in the list;

‘relevant aircraft’ means an aircraft that is a regular public transport aircraft or a charter aircraft.

Secretary to maintain list

“309B.

The Secretary must maintain a list of air cargo agents that sets out the names and other particulars of agents who are included in the list under regulation 309E.

Application for inclusion in the list

“309C.

(1) An air cargo agent may apply, in writing, to the Secretary to be included in the list.

“(2)

An application must set out the following particulars:

(a)
if the applicant is a company:
(i)
the name and Australian Company Number of the company; and
(ii)
if the applicant’s trading name is different from the company name—the applicant’s trading name;
(b)
if the applicant is a partnership:
(i)
the name of the partnership; and
(ii)
the full name of each partner; and
(iii)
if the applicant’s trading name is different from the partnership name—the applicant’s trading name;
(c)
if the applicant is an unincorporated association:
(i)
the name of the association; and
(ii)
the full name of each member of the association; and
(iii)
if the applicant’s trading name is different from the association name—the applicant’s trading name;
(d)
in any other case:
(i)
the applicant’s full name; and
(ii)
if the applicant’s trading name is different from the applicant’s full name—the applicant’s trading name;
(e)
the postal address, telephone number and facsimile number (if any) of the applicant’s principal office in Australia;
(f)
the street address, telephone number and facsimile number (if any) of each of the applicant’s places for handling international cargo in Australia;
(g)
the applicant’s proposed international cargo security program.

International cargo security programs

“309D.

For the purposes of this Division, an international cargo security program of an air cargo agent is a program that:

(a)
describes the equipment to be used by the agent; and
(b)
sets out the procedures to be followed by the agent;

for the following purposes in relation to international cargo handled by the agent:

(c)
preventing the international cargo from containing explosives or incendiary devices that could result in an unlawful interference with aviation;
(d)
preventing a person from having unlawful access to the international cargo, from the time it is dealt with in accordance with the security measures set out in the agent’s security program to the time it is delivered to an operator of a relevant aircraft or to another air cargo agent;
(e)
ensuring that accurate records are kept of:
(i)
the details of the international cargo; and
(ii)
the security measures adopted in relation to it.

[NOTE: The acts that amount to an “unlawful interference with aviation” are set out in section 3AE of the Act.]

Decision on an application

“309E.

(1) Within 30 days after receiving an application, the Secretary must:

(a)
decide whether to include the applicant in the list; and
(b)
notify the applicant, in writing, of:
(i)
the decision; and
(ii)
if the decision is to refuse to include the applicant in the list—the reasons for that decision.

“(2)

The Secretary must include the applicant in the list if:

(a)
the Secretary is reasonably satisfied that:
(i)
the applicant is a legal entity; and
(ii)
the applicant is an air cargo agent; and
(iii)
the applicant’s proposed international cargo security program complies with regulation 309D; and
(iv)
the inclusion of the applicant in the list does not pose a significant threat to aviation security; and
(b)
the applicant has agreed, in writing, to advise the Secretary, within 30 days, of a material change in a matter in respect of which information has been given under any of paragraphs 309C (2) (a) to (f).

Amendment of program

“309F.

(1) If the Secretary is reasonably satisfied that a regulated agent’s international cargo security program is not adequate for any one or more of the purposes set out in regulation 309D, the Secretary may direct the agent to appropriately amend the program, by giving written notice to the agent.

“(2)

The notice must:

(a)
indicate the change required; and
(b)
specify the date before which the agent must submit an appropriately amended program to the Secretary.

“(3)

A regulated agent must comply with a direction of the Secretary.

“(4)

An agent must not contravene subregulation (3) intentionally or recklessly.

Review of program by regulated agent

“309G.

(1) A regulated agent may:

(a)
review the agent’s international cargo security program at any time; and
(b)
if the agent considers it necessary—prepare, and submit to the Secretary for approval, a written amendment of the program.

“(2)

Within 30 days after receiving a written amendment, the Secretary must:

(a)
decide whether to approve the amendment; and
(b)
notify the applicant, in writing, of:
(i)
the decision; and
(ii)
if the decision is to refuse to approve the amendment—the reasons for that decision.

“(3)

The Secretary must approve the amendment if he or she is reasonably satisfied that the program, as amended, will:

(a)
be adequate for the purposes set out in regulation 309D; or
(b)
be significantly more effective for those purposes.

Regulated agent to give effect to program

“309H.

(1) A regulated agent must give effect to the agent’s international cargo security program.

“(2)

An agent must not contravene subregulation (1) intentionally or recklessly.

Penalty: 50 penalty units.

“(3)

A regulated agent may apply, in writing, to the Secretary for an exemption from the requirement to comply with subregulation (1) in a specified respect in relation to an item, or class of items, of international cargo.

“(4)

The Secretary may:

(a)
on receiving an application under subregulation (3)—give an agent a written exemption on the conditions that the Secretary reasonably thinks fit; or
(b)
without the need for an application under subregulation (3)—give an agent, or a class of agents, a written exemption, on the conditions that the Secretary reasonably thinks fit, from the requirement to comply with subregulation (1) in a specified respect in relation to an item, or class of items, of international cargo.

Secretary may remove regulated agent’s name from the list

“309J.

(1) The Secretary may remove a regulated agent’s name from the list if:

(a)
any information given under regulation 309C is false in a material respect; or
(b)
the Secretary is no longer satisfied as to a matter referred to in paragraph 309E (2) (a); or
(c)
a material change has occurred that the agent has not advised in accordance with paragraph 309E (2) (b); or
(d)
the agent has intentionally or recklessly failed to comply with a direction of the Secretary in contravention of subregulation 309F (4); or
(e)
unless given an exemption under subregulation 309H (4)—the agent has not given effect to his or her international cargo security program in accordance with subregulation 309H (1); or
(f)
the agent has intentionally or recklessly failed to comply with a direction of the Secretary in contravention of subregulation 309K (3); or
(g)
the agent has asked, in writing, to be removed from the list; or
(h)
the Secretary is reasonably satisfied that the inclusion of the agent in the list poses a significant threat to aviation security.

“(2)

If the Secretary decides to remove an agent from the list, he or she must notify the agent, in writing, of the decision, and the reasons for it, within 14 days.

“(3)

An agent whose name is removed from the list may apply for inclusion in the list, in accordance with regulation 309C, at any time.

“(4)

The Secretary must include the applicant in the list if:

(a)
the requirements of subregulation 309E (2) are met; and
(b)
the Secretary is reasonably satisfied that the circumstance resulting in the agent’s name being removed no longer applies.

Secretary may give directions to regulated agent

“309K.

(1) The Secretary may give written directions to a regulated agent about the measures and resources to be used by the agent in responding to a threat of an unlawful interference with aviation in relation to:

(a)
an aircraft; or
(b)
an airport.

[NOTE: The acts that amount to an “unlawful interference with aviation” are set out in section 3AE of the Act.]

“(2)

A regulated agent must comply with a direction of the Secretary.

“(3)

An agent must not intentionally or recklessly contravene subregulation (2).

Penalty: 50 penalty units.

Notice in writing

“309L.

A notice required or permitted to be given to a person under this Division may:

(a)
be given to the person personally; or
(b)
be posted to the person at the postal address last notified to the Secretary; or
(c)
be faxed to the person at the fax number (if any) last notified to the Secretary.

Review by Tribunal of decisions under Division 3 of Part XVIA

“309M.

Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the Secretary:

(a)
to refuse to include an air cargo agent on the list under regulation 309E; or
(b)
to direct an amendment of an international cargo security program under regulation 309F; or
(c)
to refuse to approve an amendment of an international cargo security program under regulation 309G; or
(d)
to remove a regulated agent’s name from the list under regulation 309J; or
(e)
to give directions to a regulated agent under subregulation 309K (1).”.

25. Division 2 of Part XVIA (Aviation Security: General)

25.1 Omit the heading to the Division, substitute:

“Division 2—Powers of officers to enter and inspect etc.”.

26. Regulation 311C (Authorised officers: entry and inspection)

26.1 Omit the regulation, substitute:

Powers of authorised officers—general

“311C.

(1) An authorised officer may exercise a power specified in subregulation (3) in relation to a person specified in subregulation (2) for the purpose of determining whether the person is complying with:

(a)
a provision of the Act or these Regulations; or
(b)
an instrument made under the Act or these Regulations.

“(2)

This regulation applies to the following persons:

(a)
an airport operator;
(b)
an aircraft operator;
(c)
a regulated agent within the meaning of Division 3.

“(3)

For the purposes of subregulation (1), the powers are:

(a)
to enter and inspect:
(i)
a categorised airport; or
(ii)
any area, building (except a domicile) or vehicle under the control of a person referred to in subregulation (2); and
(b)
to inspect equipment in that airport, area, building or vehicle; and
(c)
to observe operating procedures implemented by a person referred to in subregulation (2); and
(d)
to discuss the procedures with employees of the person; and
(e)
to inspect a document or record made or kept by the person; and
(f)
at no expense to the person—to take copies or photographs of a document or record referred to in paragraph (e).

“(4)

An authorised officer may exercise a power under subregulation (1):

(a)
in relation to a categorised airport, or an area, a building or a vehicle within that airport—at any time and without notice; or

(b)
in any other case—at any reasonable time after giving notice to the relevant person.

“(5)

The powers given to an authorised officer by this regulation are in addition to, and are not intended to affect, any power given to an authorised officer by any other provision in this Part.

“(6)

Except with reasonable excuse, a person referred to in subregulation (2) must allow an authorised officer to exercise a power given to the officer by subregulation (3).

Penalty: 50 penalty units.

Powers of authorised officers—aircraft

“311CAA.

(1) In addition to his or her powers under regulation 311C, and for the purpose of ensuring that an aircraft operator is complying with:

(a)
a provision of the Act or these Regulations; or
(b)
an instrument made under the Act or these Regulations;

an authorised officer may exercise, in relation to an aircraft of the operator at a categorised airport, at any time and without notice, a power specified in subregulation (2).

“(2)

For the purposes of subregulation (1), the powers are:

(a)
to enter and inspect the aircraft; and
(b)
to inspect equipment in the aircraft; and
(c)
to observe operating procedures for the aircraft that are carried out by its crew or by other employees of the operator; and
(d)
to discuss the procedures with the crew or other employees of the operator; and
(e)
to inspect a document or record, held by the operator in the aircraft, that relates to a passenger or intending passenger, or an item of international cargo within the meaning of regulation 309A; and
(f)
at no expense to the operator—to take copies or photographs of a document or record referred to in paragraph (e).

“(3)

Except with reasonable excuse, an aircraft operator must allow an authorised officer to exercise a power under this regulation.

Penalty: 50 penalty units.

Powers of authorised officers etc.—to require identification

“311CAAA.

(1) In this regulation:

‘security officer’ means:

(a)
an authorised officer; or
(b)
a member of a uniformed security force; or
(c)
a person employed by the operator of a categorised airport for the purpose of airport security.

“(2)

If, in relation to a categorised airport, a security officer reasonably believes that an individual:

(a)
has committed; or
(b)
is committing; or
(c)
may commit;

an offence under the Act or these Regulations, the officer may request that individual to identify himself or herself.

“(3)

Before making a request of a person, a security officer described in paragraph (1) (b) or (c) must first produce his or her identification card, or another appropriate form of identification, for the person’s inspection.

[Note:

Regulation 311B requires an authorised officer to first produce his or her identity card to a person before exercising a power under this Division in relation to the person.]

“(4)

A person to whom a request is made must not:

(a)
refuse to identify himself or herself to the security officer who made the request, except with reasonable excuse; or
(b)
intentionally or recklessly provide false identification to that security officer.

Penalty: 10 penalty units.”.

27. Division 3 of Part XVIA (Airport security programs)

27.1 Omit the Division.

28. Regulation 311CC (Aerodrome categories)

28.1 Omit the regulation.

29. Division 4 of Part XVIA (Classification of aerodromes for aviation security)

29.1 Omit the heading to the Division, substitute:

“Division 4—Prescribed requirements for categorised airports”.

30. Regulation 311CD (Aviation security: category 1 airports)

30.1 Omit all the words before paragraph 311CD (a), substitute:

“311CD.

In relation to a category 1 airport, the following measures, to be implemented by the airport operator, are prescribed matters for the purposes of section 22ZL of the Act:”.

30.2 Subparagraph 311CD (a) (ii):

Omit “areas access to which is controlled for the purpose of aviation security”, substitute “security restricted areas of the airport”.

30.3 Paragraph 311CD (j):

Omit “an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;”, substitute “a security restricted area of the airport;”.

30.4 Paragraph 311CD (l):

Omit “aerodrome to which access is not restricted for the purposes of aviation security;”, substitute “airport other than a security restricted area;”.

30.5 Paragraph 311CD (n):

Omit the paragraph, substitute:

“(n)
appointment of an employee of the operator of the airport to coordinate aviation security for the airport;”.

31. Regulation 311CE (Aviation security: category 2 airports)

31.1 Omit all the words before paragraph 311CE (a), substitute:

“311CE.

In relation to a category 2 airport, the following measures, to be implemented by the airport operator, are prescribed matters for the purposes of section 22ZM of the Act:”.

31.2 Subparagraph 311CE (a) (ii):

Omit “areas access to which is controlled for the purpose of aviation security”, substitute “security restricted areas of the airport”.

31.3 Paragraph 311CE (i):

Omit “areas of the aerodrome to which access needs to be restricted for the purposes of aviation security;”, substitute “a security restricted area of the airport;”.

31.4 Paragraph 311CE (k):

Omit “aerodrome to which access is not restricted for the purposes of aviation security;”, substitute “airport other than a security restricted area;”.

31.5 Paragraph 311CE (m):

Omit the paragraph, substitute:

“(m)
appointment of an employee of the operator of the airport to coordinate aviation security for the airport;”.

31.6 Paragraph 311CE (n) (second occurring):

Omit the paragraph, substitute:

“(o)
attendance at the airport by a member of a police force:
(i)
at times convenient to that police force; or
(ii)
on request.”.

32. Regulation 311CF (Aviation security: category 3 airports)

32.1 Omit all the words before paragraph 311CF (a), substitute:

“311CF.

In relation to a category 3 airport, the following measures, to be implemented by the airport operator, are prescribed matters for the purposes of section 22ZN of the Act:”.

32.2 Subparagraph 311CF (a) (ii):

Omit “areas access to which is controlled for the purpose of aviation security”, substitute “security restricted areas of the airport”.

32.3 Paragraph 311CF (g):

Omit “an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;”, substitute “a security restricted area of the airport;”.

32.4 Paragraph 311CF (i):

Omit “aerodrome to which access is not restricted for the purposes of aviation security;”, substitute “airport other than a security restricted area;”.

32.5 Paragraph 311CF (k):

Omit the paragraph, substitute:

“(k)
appointment of an employee of the operator of the airport to coordinate aviation security for the airport;”.

33. Regulation 311CG (Aviation security: category 4 airports)

33.1 Omit all the words before paragraph 311CG (d), substitute:

“311CG.

In relation to a category 4 airport, the following measures, to be implemented by the airport operator, are prescribed matters for the purposes of section 22ZO of the Act:”.

33.2 Paragraph 311CG (e):

Omit “aerodrome to which access is not restricted for the purposes of aviation security;”, substitute “airport other than a security restricted area;”.

33.3 Paragraph 311CG (g):

Omit the paragraph, substitute:

“(g)
appointment of an employee of the operator of the airport to coordinate aviation security for the airport;”.

34. Regulation 311CH (Aviation security: category 5 airports)

34.1 Omit all the words before paragraph 311CH (d), substitute:

“311CH.

In relation to a category 5 airport, the following measures, to be implemented by the airport operator, are prescribed matters for the purposes of section 22ZP of the Act:”.

35. Regulation 311CK (Directions to apply prescribed measures or resources)

35.1 Omit the regulation.

36. Regulation 311CKA (Notice of certain decisions by the Secretary)

36.1 Paragraph 311CKA (a):

Omit the paragraph.

37. Division 4A of Part XVIA (Approval of certain works at airports)

37.1 Omit the Division.

38. Regulation 311CM (Character requirements of security force personnel)

38.1 Paragraph 311CM (2) (c):

Omit “illegal entrant”, substitute “unlawful non-citizen”.

39. Regulation 315AA (Discharge of firearms)

39.1 Omit the regulation.

40. Regulation 320 (Evidence)

40.1 Paragraph 320 (3) (h):

Omit the paragraph, substitute:

“(h)
an aircraft operator had or had not submitted:
(i)
a proposed aviation security program under section 22Q of the Act; or
(ii)
a revised program under section 22U of the Act; or
(iii)
a variation of an approved program under section 22V of the Act; or”.

40.2 Paragraph 320 (3) (j):

Omit the paragraph, substitute:

“(j)
an approved aviation security program was or was not in force under section 22S of the Act; or”.

40.3 Paragraph 320 (3) (k):

Omit the paragraph.

40.4 Subregulation 320 (3):

Add at the end:

“; (l)
an airport operator had or had not submitted:
(i)
a proposed airport security program under section 22ZC of the Act; or
(ii)
a revised program under section 22ZG of the Act; or
(iii)
a variation of an approved program under section 22ZH of the Act; or
(m)
an approved airport security program was or was not in force under section 22ZE of the Act.”.

41. Schedule 1 (Weapons):

41.1 Omit the heading to the Schedule, substitute:

“SCHEDULE 1

Regulation 5A

WEAPONS”.

42. Further amendments—aerodromes

42.1 The Air Navigation Regulations are further amended as set out in Schedule 1.

43. Further amendments—miscellaneous

43.1 The Air Navigation Regulations are further amended as set out in Schedule 2.

44. Renumbering of the Divisions of Part XVIA

44.1 The Divisions of Part XVIA of the Air Navigation Regulations, as amended by these Regulations, are renumbered so that they bear consecutive Arabic numerals starting with “1”.

SCHEDULE 1 Regulation 42

FURTHER AMENDMENTS—AERODROMES

Provision amended	Omit	Substitute
Heading to Part IX	AERODROMES	AIRPORTS
Heading to Division 1 of Part IX	Aerodromes,	Airports,
Heading to regulation 82	aerodromes	airports
Paragraph 82 (1) (a)	aerodromes;	airports;
Paragraph 82 (1) (b)	aerodrome	airport
Subregulation 82 (2)	Aerodromes	Airports

SCHEDULE 1—continued

Provision amended	Omit	Substitute
Subregulation 82 (3)	aerodrome	airport
Heading to regulation 89	aerodromes	airports
Regulation 89	aerodrome:	airport:
Subregulation 107 (2)	aerodrome	airport
Subregulation 107 (6)	aerodrome	airport
Paragraph 107 (6) (a)	aerodrome;	airport;
Subregulation 246 (10) (definition of “prescribed aircraft”): subparagraph (a) (i)	aerodromes	airports
Regulation 297J	aerodrome	airport
Subparagraph 311CD (a) (i)	aerodrome	airport
Subparagraph 311CD (a) (ii)	aerodrome (twice occurring)	airport
Paragraph 311CD (b)	aerodrome	airport
Subparagraph 311CD (b) (i)	aerodrome	airport
Subparagraph 311CD (b) (ii)	aerodrome,	airport,
Subparagraph 311CD (b) (ii)	aerodrome	airport

SCHEDULE 1—continued

Provision amended	Omit	Substitute
Paragraph 311CD (e)	aerodrome (twice occurring)	airport
Paragraph 311CD (f)	aerodrome	airport
Paragraph 311CD (f)	aerodrome;	airport;
Paragraph 311CD (k)	aerodrome	airport
Paragraph 311CD (l)	aerodrome	airport
Paragraph 311CD (o)	aerodrome	airport
Paragraph 311CD (p)	aerodrome	airport
Subparagraph 311CE (a) (i)	aerodrome	airport
Subparagraph 311CE (a) (ii)	aerodrome (twice occurring)	airport
Paragraph 311CE (b)	aerodrome	airport
Subparagraph 311CE (b) (i)	aerodrome	airport
Subparagraph 311CE (b) (ii)	aerodrome,	airport,
Subparagraph 311CE (b) (ii)	aerodrome	airport
Paragraph 311CE (h)	aerodrome,	airport,
Paragraph 311CE (j)	aerodrome	airport
Paragraph 311CE (k)	aerodrome	airport
Paragraph 311CE (n)	aerodrome	airport

SCHEDULE 1—continued

Provision amended	Omit	Substitute
Paragraph 311CF (a)	aerodrome:	airport:
Subparagraph 311CF (a) (i)	aerodrome	airport
Subparagraph 311CF (a) (ii)	aerodrome	airport
Subparagraph 311CF (a) (iii)	aerodrome	airport
Subsubparagraph 311CF (a) (iii) (A)	aerodrome	airport
Subsubparagraph 311CF (a) (iii) (B)	aerodrome,	airport,
Subsubparagraph 311CF (a) (iii) (B)	aerodrome	airport
Paragraph 311CF (f)	aerodrome,	airport,
Paragraph 311CF (f)	aerodrome	airport
Paragraph 311CF (h)	aerodrome	airport
Paragraph 311CF (i)	aerodrome	airport
Paragraph 311CF (l)	aerodrome	airport
Paragraph 311CF (m)	aerodrome	airport
Paragraph 311CG (e)	aerodrome	airport
Paragraph 311CG (f)	aerodrome	airport
Paragraph 311CG (h)	aerodrome	airport
Paragraph 311CH (e)	aerodrome	airport

SCHEDULE 1—continued

Provision amended	Omit	Substitute
Paragraph 311CKA (c)	aerodrome	airport
Regulation 311CKA	aerodrome	airport
Paragraph 311CL (1) (c)	aerodrome	airport
Subregulation 311CL (2)	aerodrome,	airport,
Paragraph 311CL (2) (a)	aerodrome	airport
Subregulation 311CL (3)	aerodrome,	airport,
Paragraph 311CL (3) (a)	aerodrome	airport
Paragraph 311CL (3) (b)	aerodrome—	airport—
Paragraph 311CM (1) (a)	aerodrome;	airport;
Paragraph 311CM (1) (b)	aerodrome;	airport;
Paragraph 311CM (1) (d)	aerodrome	airport
Paragraph 311CM (1) (f)	aerodrome	airport
Subregulation 311CM (2)	aerodrome	airport

SCHEDULE 1—continued

Provision amended	Omit	Substitute
Subregulation 311CM (2)	aerodrome,	airport,
Subregulation 311CM (3)	aerodrome	airport
Subregulation 311CN (1)	aerodrome	airport
Subregulation 311CN (2) (definition of “secondary identification document”): subparagraph (b) (iii)	aerodrome	airport
Regulation 311CO	aerodrome (twice occurring)	airport
Regulation 311CP	aerodrome	airport
Regulation 311CP	aerodrome:	airport:
Subregulation 312 (3)	aerodrome	airport
Subregulation 315B (1)	aerodrome	airport
Subregulation 315B (2)	aerodrome	airport
Paragraph 315B (2) (a)	aerodrome;	airport;
Heading to regulation 315D	aerodrome	airport

SCHEDULE 1—continued

Provision amended	Omit	Substitute
Subregulation 315D (1)	aerodrome	airport
Paragraph 316 (1) (a)	aerodrome;	airport;
Paragraph 316 (1) (b)	aerodrome;	airport;
Paragraph 316 (1) (c)	aerodrome;	airport;
Paragraph 316 (1) (d)	aerodrome;	airport;
Paragraph 316 (1) (e)	aerodrome.	airport.
Subregulation 316 (3) (definition of “authorised person”)	aerodrome	airport
Subregulation 316 (3) (definition of “prohibited area”)	aerodrome, (twice occurring)	airport,
Subregulation 316 (3) (definition of “prohibited area”)	aerodrome (twice occurring)	airport
Paragraph 320 (3) (d)	aerodrome	airport
Heading to regulation 325	aerodromes,	airports,
Paragraph 325 (a)	aerodrome (wherever occurring)	airport

SCHEDULE 2

Regulation 43

FURTHER AMENDMENTS—MISCELLANEOUS

Provision amended	Omit	Substitute
Subregulation 5 (1) (definition of “relevant agreement”)	international	scheduled international
Subregulation 5 (1) (definition of “timetable”)	an international	a scheduled international
Subregulation 106A (1)	an international	a scheduled international
Subparagraph 106B (1)	its international	its scheduled international
Subregulation 106D (1) (c) (i)	an international	a scheduled international
Subparagraph 106D (1) (c) (ii)	an international	a scheduled international
Subparagraph 106D (1) (c) (iii)	an international	a scheduled international
Subregulation 106D (2)	an international	a scheduled international
Subregulation 106F (1)	an international	a scheduled international
Subregulation 106F (2)	an international	a scheduled international
Subregulation 106F (3)	an international	a scheduled international

SCHEDULE 2—continued

Provision amended	Omit	Substitute
Subparagraph 194 (2) (d) (i)	an international	a scheduled international
Subparagraph 194 (2) (d) (ii)	an international	a scheduled international
Subparagraph 194 (2) (d) (iii)	an international	a scheduled international
Subregulation 246 (10) (definition of “prescribed aircraft”): subparagraph (b) (i)	an international	a scheduled international
Subregulation 246 (10) (definition of “prescribed aircraft”): subparagraph (b) (ii)	operation within the meaning of paragraph 5 (2) (b);	operation;
Paragraph 297M (1) (a)	these Regulations	the Act or these Regulations
Paragraph 312B (a)	these Regulations;	the Act or these Regulations;
Paragraph 312B (b)	these Regulations.	the Act or these Regulations.
Regulation 312C	these Regulations.	the Act or these Regulations.
Subregulation 315 (1)	these Regulations	the Act or these Regulations

SCHEDULE 2—continued

Provision amended	Omit	Substitute
Subregulation 315 (2)	these Regulations	the Act or these Regulations
Paragraph 320 (1) (e)	these Regulations.	the Act or these Regulations.
Paragraph 320 (2) (a)	these Regulations	the Act or these Regulations
Paragraph 320 (2) (a)	these Regulations;	the Act or these Regulations;
Paragraph 320 (3) (f)	these Regulations	the Act or these Regulations
Paragraph 320 (3) (f)	these Regulations;	the Act or these Regulations;
Paragraph 320 (3) (h)	an international	a scheduled international
Paragraph 320 (3) (j)	an international	a scheduled international
Paragraph 320 (4) (b)	these Regulations (first and second occurring)	the Act or these Regulations
Regulation 321	these Regulations (twice occurring)	the Act or these Regulations
Regulation 323	these Regulations, (twice occurring)	the Act or these Regulations,
Regulation 325	these Regulations,	the Act or these Regulations,

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 November 1995.
2. Statutory Rules 1947 No. 112 as amended by 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; 1976 Nos. 67, 77, 11 and 124; 1977 No. 124; 1978 No. 140; 1980 Nos. 67, 106, 136, 187, 204, 247 and 269; 1981 Nos. 32, 77, 253 and 308; Act No. 76, 1981; Statutory Rules 1982 No. 270; 1983 Nos. 39, 149 and 202; 1984 Nos. 208 and 314; 1985 Nos. 203, 276, 300 and 329; 1986 Nos, 141, 284 and 357; 1987 Nos. 207 and 278; 1988 Nos. 159 and 378; 1989 No. 400; 1990 Nos. 255, 299 and 432; 1991 Nos. 74 and 193; 1992 Nos. 104, 153, 221 and 316; 1993 Nos. 265, 318 and 369; 1994 Nos. 148 and 384; 1995 No. 29.

Actions

Download as PDF Download as Word Document

Citations

Air Navigation Regulations (Amendment) (Cth)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0