Air Navigation Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 369 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 15 December 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Transport and Communications

____________

1.   Amendment

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

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Regulation 5 (Interpretation)

2.1   Subregulation 5 (1) (definition of “Air Navigation Orders”):

Omit the definition.

2.2   Subregulation 5 (1):

After the definition of “cargo”, insert:

“ ‘categorised airport’ means an aerodrome classified under regulation 311CC;”.

2.3   Subregulation 5 (1) (definitions of “crew member” and “designated airport”):

Omit the definitions.

2.4   Subregulation 5 (1) (definition of “operator”):

Omit the definition, substitute:

“ ‘operator’ means:

• (a)

  in relation to an aircraft operation—a person engaged in, or offering to engage in, the operation; or

• (b)

  in relation to an aerodrome or an airport—the operator of the aerodrome or the airport;”.

2.5   Subregulation 5 (1) (definition of “screening”):

Omit the definition, substitute:

“ ‘screening’ means procedures for the inspection of persons, vehicles or goods for the purposes of aviation security;

‘security restricted area’ means the part (if any) of an aerodrome that is identified as a security restricted area in an airport security program affirmed by the Secretary under subregulation 311CB (5);”.

3.   Regulation 8 (Air Navigation Orders)

3.1   Omit the regulation.

4.   Regulation 9 (Authorised persons and officers)

4.1   Subregulation 9 (1):

Add at the end:

• “; or (c)

  authorise an officer of the Department to exercise a power under these Regulations.

5.   Regulation 106A (Tariffs of charges)

5.1   Subregulation 106A (20)(definition of “cargo”):

Omit the definition.

6.   Regulation 119 (Carriage of weapons on aircraft)

6.1   Subregulation 119 (1):

Omit “subregulation (3),”, substitute “subregulation (2),”.

6.2   Paragraph 119 (2) (a):

Omit the paragraph, substitute:

• “(a)

  the weapon is carried in the aircraft in accordance with a written direction or permission of the Secretary; or”.

6.3   Paragraph 119 (2) (c):

Omit “on the aircraft”.

6.4   Subregulation 119 (3):

Omit the subregulation, substitute:

“(3)

If a direction or permission under paragraph (2) (a) sets out the manner in which the weapon is to be carried in the aircraft, the operator of the aircraft must ensure that the weapon is carried in the aircraft in accordance with the direction or permission.”.

7.   Regulation 253 (Carriage of examiners)

7.1   Subregulations 253 (2) and (3):

Omit the subregulations, substitute:

“(2)

The operator of an aircraft must allow an authorised officer to travel, without charge, on a flight of the aircraft if the authorised officer gives the operator notice, at least 7 days before the flight is to occur, that the officer wants to travel on the flight.

“(2A)

The operator of an aircraft must allow an authorised officer to travel, without charge, on a flight of the aircraft if:

• (a)

  the authorised officer gives the operator notice, less than 7 days before the flight is to occur, that the officer wants to travel on the flight; and

• (b)

  the carriage of the authorised officer would not require the disembarkation of a passenger, or the unloading of cargo, from the aircraft.

“(2B)

The operator of an aircraft must allow an authorised officer to travel, without charge, on a flight of the aircraft if:

• (a)

  the authorised officer gives the operator notice, less than 7 days before the flight is to occur, that the officer wants to travel on the flight; and

• (b)

  if the carriage of the authorised officer requires the disembarkation of a passenger, or the unloading of cargo, from the aircraft—the authorised officer advises the operator that the circumstances requiring the officer to travel on the aircraft justify the disembarkation or the unloading.

“(3)

If an operator:

• (a)

  allows an authorised officer to travel on a flight in compliance with subregulation (2) or (2B); and

• (b)

  loses revenue by allowing the officer to travel on the flight;

the Secretary must pay the operator an amount that is equal to the amount of the loss.”.

8.   Regulation 297   (Interpretation)

8.1   Definition of “operational”:

Omit paragraph (a), substitute:

• “(a)

  in relation to an airport—that a part of the airport is being used, in relation to a passenger aircraft, for the purpose of:

  • (i)

    embarking passengers; or

  • (ii)

    disembarking passengers; or

  • (iii)

    loading cargo or other goods; or

  • (iv)

    unloading cargo or other goods; or”.

8.2   Definition of “operational”:

Add at the end:

• “; or

  (c) in relation to a screening point—that the screening point is ready for use;”.

8.3   Definition of “senior operations controller”:

Omit the definition.

8.4   Definition of “uniformed security force”:

Omit the definition, substitute:

“ ‘uniformed security force’ means:

• (a)

  a body of persons, each of whom:

  • (i)

    is dressed in the same kind of uniform, being a uniform of the kind generally worn by police or security personnel; and

  • (ii)

    carries a firearm of a kind approved by the Secretary in writing; and

  • (iii)

    carries a transceiver that enables him or her to communicate with other members of the body of persons and with:

    • (A)

      the operator of the airport; or

    • (B)

      the police force of the State or Territory in which the person is located; or

• (b)

  any one of those persons;

‘working day’, in relation to a person giving a report, means a day other than a Saturday, Sunday or a day that is a public holiday in the place where the person is located.”.

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

9.1   Subregulation 297A (1):

Omit “practicable:”, substitute “practicable and no later than the end of the working day following the day on which the threat is made:”.

9.2   Paragraph 297A (1) (a):

Omit “operator;”, substitute “operator of the aircraft;”.

9.3   Paragraph 297A (2) (a):

Omit “a senior operations controller;”, substitute “the Authority;”.

9.4   Paragraph 297A (3) (a):

Omit “a senior operations controller;”, substitute “the Authority;”.

9.5   Paragraph 297A (4) (f):

Omit “or (d);”, substitute “, (d) or (e);”.

10.   Regulation 297B (Report of unlawful interference)

10.1   Subregulation 297B (1):

Omit “threat, as soon as is practicable:”, substitute “incident, as soon as practicable and no later than the end of the working day following the day on which the incident occurs:”.

10.2   Paragraph 297B (1) (c):

Omit “operator;”, substitute “operator of the aircraft;”.

10.3   Paragraph 297B (2) (a):

Omit “a senior operations controller;”, substitute “the Authority;”

10.4   Paragraph 297B (3) (a):

Omit “a senior operations controller;”, substitute “the Authority;”

10.5   Paragraph 297B (4) (f):

Omit “or (d);”, substitute “, (d) or (e);”.

11.   Regulation 297C (Offences under the Crimes (Protection of Aircraft) Act 1973)

11.1   Omit the regulation, substitute:

Reports generally

 “297C. (1) An aircraft operator or an airport operator who makes a report:

• (a)

  to the Authority under paragraph 297A (2) (a) or 297A (3) (a); or

• (b)

  to an airport operator under paragraph 297A (2) (b); or

• (c)

  to an aircraft operator under paragraph 297A (3)(b); or

• (d)

  to the Department under paragraph 297A (2) (c) or 297A (3) (c);

must make the report before the end of the first working day after the day on which a relevant person reported the threat to the operator under subregulation 297A (1).

“(2)

An aircraft operator or an airport operator who makes a report:

• (a)

  to the Authority under paragraph 297B (2) (a) or 297B (3) (a); or

• (b)

  to an airport operator under paragraph 297B (2) (b); or

• (c)

  to an aircraft operator under paragraph 297B (3)(b); or

• (d)

  to the Department under paragraph 297B (2) (c) or 297B (3) (c);

must make the report before the end of the first working day after the day on which a relevant person reported the incident to the operator under subregulation 297B (1).

“(3)

A report must include such information about:

• (a)

  the threat of unlawful interference with aviation; or

• (b)

  the incident of unlawful interference with aviation;

as is the subject of the report that the Secretary directs.”.

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

12.1   Omit the regulation, substitute:

Screened passengers and their possessions

“297D.

(1) The operator of a relevant aircraft must not permit a passenger to board the aircraft unless:

• (a)

  the passenger has been:

  • (i)

    screened by the operator; and

  • (ii)

    cleared for the purposes of aviation security; or

• (b)

  the Secretary has exempted the passenger in writing from screening and clearance; or

• (c)

  the passenger is included in a class of persons that the Secretary has exempted in writing from screening and clearance.

“(2)

The operator of a relevant aircraft must not permit a passenger’s accompanying possessions to be brought on board the aircraft unless:

• (a)

  the possessions have been:

  • (i)

    screened by the operator; and

  • (ii)

    cleared for the purposes of aviation security; or

• (b)

  the Secretary has exempted the possessions in writing from screening and clearance; or

• (c)

  the possessions are included in a class of items that the Secretary has exempted in writing from screening and clearance.

“(3)

In this regulation, a relevant aircraft is:

• (a)

  a regular public transport aircraft that:

  • (i)

    has a configuration that gives accommodation to 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)

    has a configuration that gives accommodation to 100 or more passengers; and

  • (ii)

    is not engaged in an international flight; or

• (d)

  a charter aircraft that:

  • (i)

    has a configuration that gives accommodation to 38 or more passengers; and

  • (ii)

    is engaged in an international flight.”.

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

13.1   Subregulation 297E (1):

Omit the subregulation, substitute:

“(1)

A person must not enter a sterile area at an airport unless:

• (a)

  the person has been:

  • (i)

    screened by the operator of the aircraft in respect of which the sterile area is provided; and

  • (ii)

    cleared for the purposes of aviation security; or

• (b)

  the Secretary has exempted the person in writing from screening and clearance; or

• (c)

  the person is included in a class of persons that the Secretary has exempted in writing from screening and clearance.

“(1A)

A person must not take a vehicle into a sterile area at an airport unless:

• (a)

  the person has been:

  • (i)

    screened by the operator of the aircraft in respect of which the sterile area is provided and cleared for the purposes of aviation security; or

  • (ii)

    exempted from screening and clearance; and

• (b)

  the vehicle:

  • (i)

    has been screened and cleared; or

  • (ii)

    is exempted in writing by the Secretary from screening and clearance; or

  • (iii)

    is included in a class of vehicles that the Secretary has exempted in writing from screening and clearance.

“(1B)

A person must not take goods into a sterile area at an aerodrome unless:

• (a)

  the person has been:

  • (i)

    screened by the operator of the aircraft in respect of which the sterile area is provided and cleared for the purposes of aviation security; or

  • (ii)

    exempted from screening and clearance; and

• (b)

  the goods:

  • (i)

    have been screened and cleared; or

  • (ii)

    have been exempted in writing by the Secretary from screening and clearance; or

  • (iii)

    are included in a class of goods that the Secretary has exempted in writing from screening and clearance.”.

13.2   Paragraphs 297E (2)(a) and (b):

Omit “aerodrome”, substitute “airport”.

13.3   Sub-subparagraph 297E (2) (c) (ii) (B):

Omit “of the kind referred to in this paragraph or paragraph (i);”, substitute “of a kind referred to in this paragraph;”.

13.4   Subregulation 297E (2):

Omit “or of another aircraft.”, substitute “or of a flight of another aircraft.”.

13.5   Paragraph 297E (3)(b):

Omit the paragraph, substitute:

• “(b)

  by the use of persons with:

  • (i)

    relevant qualifications; and

  • (ii)

    adequate training in the use of equipment and measures; and

  • (iii)

    appropriate physical attributes;

 for the performance of screening duties, being qualifications, training and attributes determined by the Secretary; and”.

13.6   Subregulation 297E (5):

Omit “that person must not be permitted”, substitute “the aircraft operator must not permit that person”.

13.7   Add at the end:

“(6)

An aircraft operator must ensure that passengers, or intending passengers, of the aircraft do not make physical contact with persons, vehicles or goods that have not been screened and cleared for the purposes of aviation security.

“(7)

The requirement in subregulation (6) applies immediately after the passenger or intending passenger is screened and cleared for the purposes of aviation security until the time that the passenger or intending passsenger boards the aircraft.

“(8)

In spite of subregulation (6), an aircraft operator is not required to ensure that passengers, or intending passengers, do not make physical contact with:

• (a)

  a person, vehicle or goods authorised in writing by the Secretary to be in an area used by those persons; and

• (b)

  a person, vehicle or goods in a class of persons that is authorised in writing by the Secretary to be in an area used by those persons.”.

14.   Regulation 297EA(Sterile areas: weapons)

14.1   Omit “or into a sterile area”, substitute “, or have a weapon in his or her possession in a sterile area,”.

14.2   Paragraph 297EA (b):

Omit the paragraph.

14.3   Paragraph 297EA (c):

Omit “aerodrome”, substitute “airport”.

14.4   Paragraph 297EA (d):

Omit “aerodrome operator.”, substitute “airport operator.”.

14.5   Add at the end:

• “; or

  (e) is permitted in writing by the Secretary to carry the weapon.”.

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

15.1   Subregulation 297F (2):

Omit the subregulation.

16.   Regulation 297G (Secretary may give directions)

16.1   Paragraph 297G (2) (h):

Omit “(including a building, or a part of a building)”.

16.2   Subregulation 297G (5):

Omit “subregulation (5),”, insert “subregulation (4),”.

17.   Regulation 297H(Passenger baggage)

17.1   Subregulation 297H (2):

Omit the subregulation, substitute:

“(2)

An aircraft operator must not accept baggage for carriage on the aircraft unless:

• (a)

  the baggage is to be carried in relation to a person:

  • (i)

    who has shown an intention to travel on that aircraft; and

  • (ii)

    whose ticket or other authorisation for travel on the aircraft is produced to the operator; or

• (b)

  the Secretary has directed in writing that:

  • (i)

    the aircraft; or

  • (ii)

    a class of aircraft that includes the aircraft; or

  • (iii)

    the baggage; or

  • (iv)

    a class of baggage that includes the baggage;

 is exempt from the operation of this subregulation.”.

17.2   Subregulation 297H (3):

Omit “the operator”, substitute “an aircraft operator”.

17.3   Subregulation 297H (3):

Omit “an aircraft,”, substitute “the aircraft,”.

17.4   Subregulation 297H (4):

Omit “the operator or an agent of the operator”, substitute “the aircraft operator”.

17.5   Paragraph 297H (6) (d):

After subparagraph (d) (ii), insert:

• “; or (iii)

  the baggage; or

• (iv)

  a class of baggage that includes the baggage;”.

17.6   Subregulation 297H (6):

Add at the end:

• “; or (e)

  the person dies; or

• (f)

  the person disembarks the aircraft during an unscheduled landing of the aircraft that is for safety or other operational purposes; or

• (g)

  the person travels on another aircraft at the offer of the operator of that aircraft.”.

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

18.1   Paragraph 297J (c):

Omit “operator;”, substitute “operator of the aircraft;”.

19.   Regulation 297K (Private and charter operators to comply with directions of airport operators)

19.1   Omit “designated”, substitute “categorised”.

20.   Regulation 297M (Aviation security signs)

20.1   Subregulations 297M (1)and (2):

Omit “designated”, substitute “categorised”.

20.2   Paragraph 297M (2) (d):

Omit “(including a building, or a part of a building)”.

20.3   Paragraph 297M (3) (b):

Omit “designated”, substitute “categorised”.

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

21.1   Subregulation 297P (2):

Omit “operator:”, substitute “operator of the aircraft:”.

21.2   Paragraph 297P (2) (b):

Omit the paragraph, substitute:

• “(b)

  before the person in lawful custody boards the aircraft.”.

21.3   Subregulation 297P (4):

Add at the end:

• “; and (c)

  the grounds on which the person is in lawful custody.”.

21.4   Paragraph 297P (5) (b):

Omit all the words following subparagraph 297P (5) (b) (i), substitute:

• “(ii)

  a class of persons that includes that person.”.

22.   Regulation 300 (Compliance with programs: airline licence holders)

22.1   Subregulation 300 (1A):

Omit “designated”, substitute “categorised”.

22.2   Subregulation 300 (2):

Omit “shall not fail to”, substitute “must”.

23.   Regulation 301 (Compliance with programs: operators other than airline licence holders)

23.1   Paragraph 301 (1) (d):

Omit “, mail”.

24.   Regulation 302 (Preparation and submission of proposed programs)

24.1   Paragraphs 302 (2) (a), (c) and (d):

Omit “, mail”.

24.2   Paragraph 302 (2) (f):

Omit the paragraph, substitute:

• “(f)

  carrying in an aircraft a weapon referred to in paragraph 119 (2) (a);”.

24.3   Subparagraph 302 (3) (a) (i):

Omit “designated”, substitute “categorised”.

24.4   Paragraph 302 (3) (c):

Omit “, mail”.

25.   New regulation 309

25.1   After regulation 308, insert in Division 1 of Part XVIa:

Review by Tribunal of decisions under Division 1 of Part XVIa

“309.

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

• (a)

  to refuse to approve a proposed aviation security program under paragraph 303 (b); or

• (b)

  to cancel the approval of an aviation security program under regulation 306; or

• (c)

  to refuse to approve a proposed aviation security program, or to cancel the approval of an aviation security program, under subregulation 307 (3); or

• (d)

  to refuse to approve a proposal to vary an aviation security program under paragraph 308 (4) (b).”.

26.   Regulation 309 (Designated airports)

26.1   Omit the regulation.

27.   Regulation 310 (Protective services officers may enter categorised airports)

27.1   Omit “designated”, substitute “categorised”.

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

28.1   Subregulations 311C (1) and (2):

Omit “designated”, substitute “categorised”.

28.2   Paragraph 311C (2)(c):

Omit “operators of aircraft or”.

28.3   After paragraph 311C (2)(c), insert:

• “; and (d)

  inspect and make copies of, or extracts from, records held by the operator of the airport or a person to whom:

  • (i)

    a lease or licence in respect of land, or a part of a building, within the airport has been granted; or

  • (ii)

    a right to use the airport or part of the airport has been given;”.

28.4   Subregulation 311C (3):

After “operator” (first occurring), insert “of an aircraft”.

28.5   Paragraph 311C (3)(a):

Omit “an aircraft;”, substitute “the operator’s aircraft;”.

28.6   Paragraph 311C (3)(d):

Omit the paragraph, substitute:

• “(d)

  inspect and make copies of, or extracts from, records held by the operator that relate to a passenger, or intending passenger, in the aircraft.”.

29.   Regulation 311CB (Airport security programs)

29.1   Subregulation 311CB (1):

Omit “category 1, 2, 3, 4 or 5 aerodrome”, substitute “categorised airport”.

29.2   Subregulation 311CB (1):

Omit “the aerodrome.”, substitute “the airport.”.

29.3   Subregulation 311CB (6):

Omit “subregulation (4)”, substitute “subregulation (5)”.

29.4 Paragraph

  311CB (8) (a):

Omit “subregulations (2), (3) and (4)”, substitute “subregulations (3), (4) and (5)”.

29.5   Paragraph 311CB (8) (b):

Omit “subregulation (4)”, substitute “subregulation (5)”.

29.6   Subregulation 311CB (10):

Omit “subregulation (8).”, substitute “subregulation (9).”.

29.7   Paragraph 311CB (11) (a):

Omit “subregulation (4);”, substitute “subregulation (5);”.

29.8   Paragraph 311CB (11) (b):

Omit “subregulation (8).”, substitute “subregulation (9).”.

30.   New regulation 311CBA

30.1   After regulation 311CB, insert in Division 3 of Part XVIa:

Direction to vary an airport security program

“311CBA. (1) If the Secretary is of the opinion that:

• (a)

  a draft airport security program submitted by the operator of an aerodrome under subregulation 311CB (2) is inadequate for the purposes of aviation security; or

• (b)

  a draft revision of an airport security program submitted by the operator of an aerodrome under subregulation 311CB (8) or (10) is inadequate for the purposes of aviation security; or

• (c)

  an airport security program affirmed for an aerodrome by the Secretary under subregulation 311CB (5) is no longer adequate for the purposes of aviation security;

the Secretary may direct the operator of the aerodrome by notice in writing to vary the program or revision in the manner set out in the notice.

“(2)

The Secretary must not give a direction unless, in his or her opinion, the variation set out in the notice will, if implemented, make the aviation security program, or the revision of the program, adequate for the purposes of aviation security.

“(3)

If the operator of an aerodrome does not comply with the Secretary’s direction relating to a draft airport security program, or a draft revision of a program, for the aerodrome, the Secretary must reject the draft program or revision by notice in writing given to the operator.

“(4)

If the operator of an aerodrome does not comply with the Secretary’s direction relating to an affirmed airport security program for the aerodrome, the Secretary must:

• (a)

  cancel the affirmed program; and

• (b)

  advise the operator of the cancellation by notice in writing.

“(5)

Application may be made to the Administrative Appeals Tribunal for the review of a decision:

• (a)

  to reject a draft airport security program, or a draft revision of a program, for an aerodrome; or

• (b)

  to cancel the approval of an airport security program.”.

31.   Regulation311CC (Aerodrome categories)

31.1   After “classify”, insert “in writing”.

32.   Regulation311CD(Aviationsecurity:category1 aerodromes)

32.1   Omit all words before paragraph 311CD (a), substitute “The operator of a Category 1 aerodrome must implement the following measures and resources at the aerodrome:”.

32.2   Sub-subparagraphs 311CD (a) (ii) (b) and (c):

Omit the sub-subparagraphs, substitute:

 “(b) loading of aircraft cargo on a passenger aircraft or unloading of aircraft cargo from a passenger aircraft;”.

32.3   Subparagraph 311CD (b) (i):

Omit “, or cargo,”, substitute “or other cargo”.

32.4   Subparagraph 311CD (b) (ii):

Omit “passengers or by wheeled vehicles”, substitute “persons or vehicles”.

32.5   Paragraphs 311CD (c) and (d):

Omit the paragraphs, substitute:

• “(c)

  the assignment of at least 2 members of a uniformed security force to locations that enable them to make a rapid response to a security emergency at an operational screening point for an international flight;

• (d)

  the assignment of at least 1 member of a uniformed security force to a location that enables him or her to make a rapid response to a security emergency at an operational screening point for a flight other than an international flight;”.

32.6   Paragraphs 311CD (g) and (h):

Omit the paragraphs.

32.7   Paragraph 311CD (i):

Omit the paragraph, substitute:

• “(i)

  requiring all persons to identify themselves before entering a security restricted area;”.

33.   Regulation311CE (Aviationsecurity:category2 aerodromes)

33.1   Omit all words before paragraph 311CE (a), substitute “The operator of a Category 2 aerodrome must implement the following measures and resources at the aerodrome:”.

33.2   Sub-subparagraphs 311CE (a) (ii) (B) and (C):

Omit the sub-subparagraphs, substitute:

 “(b) loading of aircraft cargo on a passenger aircraft or unloading of aircraft cargo from a passenger aircraft;”.

33.3   Subparagraph 311CE (b) (i):

Omit “, or cargo,”, substitute “or other cargo”.

33.4   Subparagraph 311CE (b) (ii):

Omit “passengers or by wheeled vehicles”, substitute “persons or vehicles”.

33.5   Paragraphs 311CE (c) and (d):

Omit the paragraphs, substitute:

• “(c)

  the assignment of at least 2 members of a uniformed security force to locations that enable them to make a rapid response to a security emergency at an operational screening point for an international flight;

• (d)

  the assignment of at least 1 member of a uniformed security force to a location that enables him or her to make a rapid response to a security emergency at an operational screening point for a flight other than an international flight;”.

33.6   Paragraphs 311CE (e) and (f):

Omit the paragraphs.

33.7   Paragraph 311CE (g):

Omit the paragraph, substitute:

• “(g)

  requiring all persons to identify themselves before entering a security restricted area;”.

34.   Regulation311CF(Aviationsecurity:category3 aerodromes)

34.1   Omit all words before paragraph 311CF (a), substitute “The operator of a Category 3 aerodrome must implement the following measures and resources at the aerodrome:”.

34.2   Sub-subparagraphs 311CF (a) (ii) (B) and (C):

Omit the sub-subparagraphs, substitute:

 “(b) loading of aircraft cargo on a passenger aircraft or unloading of aircraft cargo from a passenger aircraft;”.

34.3   Subparagraphs 311CF (a) (iv), (v) and (vi):

Omit the subparagraphs, substitute:

• “(iv)

  the assignment of at least 2 members of a uniformed security force to locations that enable them to make a rapid response to a security emergency at an operational screening point for an international flight;

• (v)

  the assignment of at least 1 member of a uniformed security force to a location that enables him or her to make a rapid response to a security emergency at an operational screening point for a flight other than an international flight;”.

34.4   Paragraphs 311CF (b), (c) and (d):

Omit the paragraphs.

34.5   Paragraphs 311CF (e) and (f):

Omit the paragraphs, substitute:

• “(e)

  requiring all persons to identify themselves before entering a security restricted area;

• (f)

  in a period that the Secretary determines, by notice in writing given to the operator of the aerodrome, to be a period in which the following measure is necessary—patrolling, in a part of the aerodrome set out in the determination, by security personnel who are uniformed and armed;”.

35.   Regulation311CG(Aviationsecurity: category4 aerodromes)

35.1   Omit all words before paragraph 311CD (a), substitute “The operator of a Category 4 aerodrome must implement the following measures and resources at the aerodrome:”.

35.2   Paragraphs 311CG (a), (b) and (c):

Omit the paragraphs.

35.3   Paragraph 311CG (d):

Omit the paragraph, substitute:

• “(d)

  requiring all persons to identify themselves before entering a security restricted area;”.

35.4   Paragraph 311CG (i):

Omit the paragraph.

36.   Regulation311CH(Aviationsecurity:category5 aerodromes)

36.1   Omit all words before paragraph 311CD (a), substitute “The operator of a Category 5 aerodrome must implement the following measures and resources at the aerodrome:”.

36.2   Paragraphs 311CH (a), (b) and (c):

Omit the paragraphs.

36.3   Paragraph 311CH (d):

Omit the paragraph, substitute:

• “(d)

  requiring all persons to identify themselves before entering a security restricted area;”.

37.   Regulation 311CJ (Aviation security: vehicle inspections)

37.1   Omit “wheeled” and “such”.

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

38.1   Subregulation 311CK (1):

Omit the subregulation, substitute:

“(1)

If the Secretary reasonably believes that the application of a measure or a resource prescribed in this Division is appropriate for the purposes of aviation security at a categorised airport, the Secretary may direct the airport operator in writing to apply the measure or resource.”.

39.   New regulation 311CKA

39.1   After regulation 311CK, insert in Division 4 of Part XVIa:

Notice of certain decisions by the Secretary

“311CKA. If the Secretary:

• (a)

  classifies an aerodrome under regulation 311CC; or

• (b)

  specifies a standard under paragraph 311CD (l), 311CE (k), 311CF (i) or 311CG (e); or

• (c)

  specifies an area of restricted access at a category 2 aerodrome under paragraph 311CE (h); or

• (d)

  makes a determination under paragraph 311CE (l) or 311CF (a), (f) or (j);

the Secretary must give to the operator of an aerodrome affected by the decision a copy of the instrument by which he or she made the decision.”.

40.   New Division 4A of Part XVIa

40.1   After regulation 311CKA, insert:

“Division 4A—Approval of Certain Works at Airports

Certain works to be approved by the Secretary

“311CKB. (1) If:

• (a)

  the operator of a category 1, 2 or 3 aerodrome proposes to construct, alter or add to facilities of a kind referred to in subregulation (8) at the aerodrome; or

• (b)

  the operator of an aircraft proposes to construct, alter or add to facilities of a kind referred to in subregulation (8) at a category 1, 2, or 3 aerodrome;

the operator must submit to the Secretary, for his or her approval, plans setting out the details of the proposed construction in sufficient particularity to allow the proposal to be properly considered.

“(2)

The Secretary must, within 30 days after receiving a submission and by notice in writing to the person who made the submission:

• (a)

  approve the plans; or

• (b)

  approve the plans subject to a variation set out in the approval; or

• (c)

  reject the plans.

“(3)

If the Secretary does not comply with subregulation (2), the plans are taken to be approved at the end of the period referred to in that subregulation.

“(4)

If the Secretary:

• (a)

  approves plans subject to a variation; or

• (b)

  rejects plans;

the person who submitted the plans may submit to the Secretary plans that incorporate the variation and other revisions (if any).

“(5)

Subregulations (2) and (3) apply to plans submitted under subregulation (4).

“(6)

A person must not construct, alter or add to facilities of a kind referred to in subregulation (10) at a category 1, 2, or 3 aerodrome except in accordance with:

• (a)

  approved plans; or

• (b)

  plans approved subject to a variation.

“(7)

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

• (a)

  to approve plans subject to a variation; or

• (b)

  to reject plans.

“(8)

For the purposes of this regulation, the following facilities relating to aviation security are specified:

• (a)

  a facility to control the access of persons, vehicles or goods to a security restricted area for the purposes of aviation security;

• (b)

  a sterile area;

• (c)

  a cargo handling facility;

• (d)

  a baggage handling facility;

• (e)

  a facility for the storage of mishandled or misrouted baggage.”.

41.   Regulation311CL(Qualifications of security force personnel)

41.1   Paragraph 311CL (1) (e):

Omit “security; and”, substitute “security.”.

41.2   Paragraph 311CL (4) (e):

Omit “medical and other”.

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

42.1   Subparagraph 311CM (2) (a):

Omit “regulation 113CN;”, substitute “regulation 311CN;”.

43.   Regulation 311CN (Verification of identity)

43.1   Subregulation 311CN (1):

Omit “paragraph 113CM (2) (a),”, substitute “paragraph 311CM (2) (a),”.

44.   Regulation 311CO (Use of confidential information)

44.1   Omit “regulation 113CM,”, substitute “regulation 311CM,”.

45.   Regulation 311CP (Provision of information to the Secretary)

45.1   Paragraph 311CP (c):

Omit “regulations 113CL and 113CM.”, substitute “regulations 311CL and 311CM.”.

46.   Regulation 320 (Evidence)

46.1   Paragraph 320 (1) (e):

Omit “an Air Navigation Order, licence, notice approval or other”, substitute “a licence or notice or of an approval or other”.

47.   Regulation 324A (Conditions subject to which licences are granted)

47.1   Omit the regulation.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1993.

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, 111 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 and 318.