Air Navigation Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, make the following Regulations under the
Dated 27 June 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
KIM C. BEAZLEY
Minister of State for Transport and
Communications
____________
1.1 These Regulations commence on 1 July 1991.
2.1 The Air Navigation Regulations are amended as set out in these Regulations.
3.1 Subregulation 5 (1) (definition of “designated airport”):
Omit “an airport”, substitute “an aerodrome”.
3.2 Subregulation 5 (1):
Insert:
“
access to a sterile area; or
entry to an aircraft;
the procedures for their inspection for the purposes of clearance in relation to aviation security;
a firearm of any kind; or
a thing or substance specified in Schedule 1;
and includes a device that:
(a) but for the absence of, or a defect in, a part would constitute a weapon; or
(b) is reasonably capable of being converted into a weapon.”.
4.1 Omit the regulation.
5.1 Omit the regulation, substitute:
(1) The Minister may delegate to an officer of the Department or a member of the staff of the Authority, by writing signed by him or her, any of the functions or powers of the Minister under these Regulations, other than this power of delegation.
The Secretary may delegate to an officer of the Department or a member of the staff of the Authority, by writing signed by him or her, any of the functions or powers of the Secretary under these Regulations, other than this power of delegation.”.
6.1 Subregulation 107 (2):
Omit “of these Regulations”.
6.2 Subregulation 107 (3):
Omit “in pursuance of the last preceding sub-regulation which”, substitute “under subregulation (2) that”.
6.3Paragraph 107 (3) (c):
Omit the paragraph, substitute:
under subregulation (4).”.
6.4 Subregulation 107 (4):
Omit “of this regulation”.
6.5 Add at the end:
The operator of an aircraft must give the Secretary, or an authorised officer, such statistical returns and other information as the Secretary directs in relation to items detected during screening under Part XVIa.”.
7.1 Subregulation 118 (2):
Omit “in pursuance of the last preceding sub-regulation”, substitute “under subregulation (1)”.
7.2 Subregulation 118 (3):
Omit “in pursuance of sub-regulation (1) of this regulation”, substitute “under subregulation (1)”.
After regulation 118, insert:
(1) Subject to subregulation (3), a person in an aircraft engaged in a charter operation or regular public transport operation must not carry, or have in his or her possession, a weapon.
A weapon may be carried in an aircraft, if:
(a) the weapon:
(i) has been surrendered to the operator by the person whose possession it is, when, or before, that person is screened; and:
(ii) is carried in accordance with a written direction or permission of the Secretary; or
(b) the weapon forms part of the equipment of the aircraft in accordance with the operations manual for the aircraft; or
(c) the weapon is carried on the aircraft:
(i) under the control of the pilot in command of the aircraft; and
(ii) because an animal that could endanger the safety of the aircraft, or persons in the aircraft, is being carried on the aircraft.
The operator of an aircraft must ensure that a weapon referred to in paragraph (2) (a) is carried in accordance with subparagraph (2) (a) (ii).”.
9.1 Omit the regulation.
10.1 Subregulation 279 (3):
Omit the subregulation.
11.1 Omit the regulation.
12.1 Before Division 1, insert:
In this Part, unless the contrary intention appears:
(a) in relation to an aerodrome—that a part of the aerodrome is in use in relation to an aircraft:
(i) loading or unloading the aircraft or making associated preparation for its next flight; or
(ii) embarking or disembarking passengers; or
(b) in relation to a passenger terminal building—that a part of the building is in use in relation to the movement of passengers to or from an aircraft;
(a) is identically dressed in a uniform of the kind generally worn by security or police personnel; and
(b) is equipped with:
(i) an appropriate firearm; and
(ii) a portable radio transceiver that enables the person to communicate with other members of the uniformed security force and with a central controller of that force.
“297a. (1) A relevant person who becomes aware of a threat of unlawful interference with aviation must report the threat, as soon as is practicable:
(a) if the threat is in relation to an aircraft—to the operator; or
(b) if the threat is in relation to an airport—to the airport operator.
An aircraft operator given a report under subregulation (1) must report the threat, as soon as is practicable, to:
a senior operations controller; and
(b) if the aircraft is at an airport—the operator of the airport; and
(c) the Department.
An airport operator given a report under subregulation (1) must report the threat, as soon as is practicable, to:
a senior operations controller; and
(b) if, in the opinion of the operator, an aircraft at the airport could be affected by the threat—the operator of the aircraft; and
(c) the Department.
In this regulation,
an aircraft operator; and
an airport operator; and
(c) a person to whom a lease or licence has been granted in respect of land within an airport; and
(d) a person, other than the Corporation, to whom a right has been granted to use an area or a building, or a part of a building, at an airport; and
(e) an authority, other than the Authority, to which a right to use an airport or part of an airport (including a building, or a part of a building) has been given; and
(f) a person employed by a person or authority referred to in paragraph (a), (b), (c) or (d); and
(g) an officer or employee of the Department or a member of the staff of the Authority; and
(h) a constable, protective service officer or member of a uniformed security force who is on duty at an airport.
“297b. (1) A relevant person who becomes aware of an incident of:
unlawful interference; or
attempted unlawful interference;
with aviation must report the threat, as soon as is practicable:
(c) if the incident is in relation to an aircraft—to the operator; or
(d) if the incident is in relation to an airport—to the airport operator.
An aircraft operator given a report under subregulation (1) must report the incident, as soon as is practicable, to:
a senior operations controller; and
(b) if the aircraft is at an airport—the operator of the airport; and
(c) the Department.
An airport operator given a report under subregulation (1) must report the incident, as soon as is practicable, to:
a senior operations controller; and
(b) if, in the opinion of the operator, unlawful interference with an aircraft at the airport could occur—the operator of the aircraft; and
(c) the Department.
In this regulation,
an aircraft operator; and
an airport operator; and
(c) a person to whom a lease or licence has been granted in respect of land within an airport; and
(d) a person, other than the Corporation, to whom a right has been granted to use an area or a building, or a part of a building, at an airport; and
(e) an authority, other than the Authority, to which a right to use an airport or part of an airport (including a building, or a part of a building) has been given; and
(f) a person employed by a person or authority referred to in paragraph (a), (b), (c) or (d); and
(g) an officer or employee of the Department or a member of the staff of the Authority; and
(h) a constable, protective service officer or member of a uniformed security force who is on duty at an airport.
“297c. (1) A person who reports:
a threat referred to in regulation 297a; or
an incident referred to in regulation 297b;
that
is an offence to which section 7 of the
Immediately after a threat or incident referred to in subregulation (1) occurs, the person who gives the report must advise the Department of the threat or incident.
The Secretary may give direction as to the details that are to be included in reports of threats or incidents.
In this regulation,
“297d. An operator must not permit a passenger to board an aircraft that:
(a) has a configuration that gives accommodation to 100 or more passengers and is:
(i) a regular public transport aircraft; or
(ii) a charter aircraft; or
(b) is engaged in an international flight; and
(i) a regular public transport aircraft; or
(ii) is a charter aircraft that has a configuration that gives accommodation to 38 or more passengers;
unless:
(c) the passenger and his or her accompanying possessions have been:
(i) screened; and
(ii) cleared for the purposes of aviation security; or
(d) the passenger is exempted from the operation of this regulation in writing by the Secretary.
“297e. (1) A person must not:
enter a sterile area; or
take a vehicle or goods into a sterile area;
at an aerodrome unless the person:
(c) 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
(d) is exempted from the operation of this subregulation in writing by the Secretary.
For the purposes of this regulation, a person who:
(a) has been screened and cleared for the purposes of aviation security at an Australian aerodrome before embarking on an aircraft flight; and
(b) has disembarked the aircraft at an Australian aerodrome; and
(c) has not had an opportunity to make physical contact with a person who:
(i) has not been screened; or
(ii) having been screened, has subsequently:
(a) entered an area that is not a sterile area; or
(b) had an opportunity to make physical contact with a person of the kind referred to in this paragraph or paragraph (i);
is taken to have been screened and cleared for the purpose of entering a sterile area in relation to another flight of that aircraft or of another aircraft.
An aircraft operator screening persons, goods or vehicles under these Regulations must do so:
(a) in such manner and on such occasions as the Secretary directs; and
(b) by the use of persons who have been trained in respect of screening equipment and measures; and
(c) by the use of equipment that conforms to, and is operated in accordance with, specifications determined by the Secretary; and
(d) by the use of areas, buildings or rooms reserved for the purposes of aviation security.
A person screening a person must not:
remove clothing from the person being screened; or
require the person being screened to remove clothing;
other than headwear, handwear, footwear or outer clothing.
If screening equipment detects that a person is carrying a metal or unidentifiable object, that person must not be permitted to pass the screening point to enter a sterile area or an aircraft unless the object is:
(a) determined by a person referred to in paragraph 297e (3) (b) to present no danger to aviation security; or
(b) surrendered to a person referred to in paragraph 297e (3) (b).
“297ea. A person must not carry a weapon through a screening point or into a sterile area unless the person:
is a constable who is on duty; or
is a protective service officer who is on duty; or
(c) is a member of a uniformed security force who is on duty at the aerodrome under Part XVIa; or
(d) does so:
(i) at the written direction; or
(ii) with the written permission;
of the aerodrome operator.
“297f. (1) The operator of a regular public transport aircraft that is engaged in an international flight must provide a sterile area:
(a) for the embarkation and disembarkation of passengers and intending passengers; and
for the conduct of preparations for the aircraft’s flight;
at an aerodrome.
A person must not:
(a) pass through a screening point in respect of an aircraft referred to in subregulation (1); or
enter a sterile area in respect of that aircraft
unless the person is:
an authorised person; or
(d) a constable or protective service officer who is on duty; or
(e) a member of a uniformed security force, who is on duty under Part XVIa; or
(f) an officer within the meaning of the
Customs Act 1901 , who is on duty; or(g) a quarantine officer within the meaning of the
Quarantine Act 1908 , who is on duty; or(h) an officer within the meaning of paragraph (a) of the definition of ‘officer’ in subsection 4 (1) of the
Migration Act 1958 , who is on duty; or
a passenger or intending passenger of that aircraft.
“297g. (1) Subject to these Regulations, the Secretary may give written directions in relation to the measures and resources to be used:
(a) in responding to a threat of unlawful interference with an aircraft or an airport or with the operations of an aircraft or of an airport; or
(b) in controlling access to a part of an airport that is in use by the operator of an aircraft.
A person who is:
an officer or employee of the Department; or
(b) a member of the staff of the Authority or of the Corporation; or
the operator of an airport, other than the Corporation; or
the operator of an aircraft; or
(e) an employee of a person referred to in paragraph (c) or (d); or
(f) a person to whom a lease or licence has been granted in respect of land within an airport; or
(g) a person, other than the Corporation, to whom a right has been granted to use an area or a building, or a part of a building, at an airport; or
(h) an authority, other than the Authority, to which a right to use an airport or part of an airport (including a building, or a part of a building) has been given; or
(i) a person employed by a person or authority referred to in paragraph (f), (g) or (h); or
an aircraft passenger or intending aircraft passenger;
must comply with a direction referred to in subregulation (1) that is given to the person or that is clearly displayed at a place where the direction is to be carried out.
A direction by the Secretary under subregulation (1) that is not expressed to be a direction to passengers or intending passengers, must not be disclosed directly or indirectly to:
a passenger or intending passenger; or
a person not referred to in subregulation (2);
by a person referred to:
in any of paragraphs (2) (a) to (i) inclusive; or
(d) if the direction has been disclosed to the person—in paragraph (2) (j);
except as necessary:
in the exercise of that person’s powers or functions; or
in the performance of that person’s duties.
Subregulation (3) does not preclude the disclosure of a direction of the Secretary under subregulation (1) to a court in any action or proceeding.
In subregulation (5),
“297h. (1) In this regulation:
a regular public transport aircraft; or
(b) a charter aircraft;
that has a configuration that gives accommodation to 38 or more passengers;
An operator must not accept baggage for carriage on an aircraft unless:
(a) the person in relation to whom the baggage is to be carried has shown an intention to travel on that aircraft; and
(b) that person’s ticket or other authorisation for travel on the aircraft is produced to the operator.
A tag must be securely attached by the operator to each item of baggage accepted for carriage on an aircraft, that indicates the flight number and destination of the aircraft.
Baggage accepted for carriage on an aircraft must not be accessible by a person other than the operator or an agent of the operator until the completion of the flight.
The operator of an aircraft must determine, before the aircraft commences flight, whether a person whose baggage is on the aircraft has:
disembarked the aircraft; or
not boarded the aircraft.
If a person whose baggage is on an aircraft has:
disembarked the aircraft; or
not boarded the aircraft;
the operator of the aircraft must remove the baggage from the aircraft before the aircraft commences flight unless:
(c) if the person is intentionally prevented by the operator from entering or remaining in the aircraft—the operator considers that the baggage is unlikely to contain a danger to aviation security; or
(d) the Secretary has directed in writing that:
(i) the aircraft; or
(ii) a class of aircraft that includes the aircraft;
is exempt from the operation of this subregulation.
“297j. The operator of:
a private aircraft; or
(b) a charter aircraft other than an aircraft referred to in paragraph 297d (c);
must ensure that a passenger or intending passenger of the aircraft does not have access to an an area of an aerodrome to which access is restricted for the purposes of aviation security, unless the passenger is escorted by:
the operator; or
the pilot of the aircraft.
“297k. The operator of a private aircraft or charter aircraft at a designated airport must comply with any reasonable direction of the operator of the airport that is a direction:
(a) for the purposes of aviation security at the airport; and
(b) in accordance with the airport security program (if any) in relation to the airport.
“297l. A person must not drive or ride a vehicle in an area of an aerodrome to which access is restricted for the purposes of aviation security unless:
(a) the operator of the airport; or
(b) if a lease or licence has been granted in respect of that area—the lessee or licensee;
authorises the use of the vehicle in that area.
“297m. (1) The Secretary may require the operator of a designated airport to display a sign in a specified part of the airport, setting out any of the following matters:
(a) obligations imposed by these Regulations in relation to aviation security;
(b) a direction given by the Secretary under regulation 297g;
(c) procedures to be followed in accordance with the airport security program (if any) in relation to the airport;
(d) warnings in respect of the effect that aviation security measures may have on persons and their possessions in specified circumstances.
The operator of a designated airport may require:
the operator of an aircraft that is at the airport; or
(b) a person to whom a lease or licence has been granted in respect of land within the airport; or
(c) a person, other than the Corporation, to whom a right has been granted to use an area or a building, or a part of a building, at the airport; or
(d) an authority, other than the Authority, to which a right to use an airport or part of the airport (including a building, or a part of a building) has been given;
to display a sign in a specified part of the airport, setting out any of the following matters:
a matter specified in paragraph (1) (a), (b) or (d);
(f) procedures to be followed in accordance with an aviation security program.
A person, other than:
an authorised person; or
the operator of a designated airport; or
(c) a person who, under subregulation (1) or (2), displays a sign;
must not:
display a sign; or
remove, damage or otherwise interfere with a sign;
of the kind referred to in this regulation.
“297n. (1) The operator of:
a regular public transport aircraft; or
a charter aircraft;
that has a configuration that gives accommodation to 38 or more passengers must equip the aircraft with restraining devices:
of a kind approved by the Secretary; and
in such quantity as the Secretary directs.
Restraining devices carried on an aircraft must be kept in a place that is:
(a) secure but readily accessible to the crew of the aircraft; and
(b) not visible or accessible to passengers on the aircraft.
“297p. (1) In this regulation:
(a) an aircraft chartered or operated by the Australian Federal Police or by the police force of a State or Territory; or
(b) a private aircraft;
A person intending to cause a person to be carried in lawful custody on an aircraft must give notice of that intention to the operator:
as soon as is practicable; and
before the aircraft commences flight.
An operator on whose aircraft a person in lawful custody is intended to be carried, may refuse to allow the person to be carried on the aircraft.
The operator of an aircraft on which a person in lawful custody is to be carried, must notify the pilot in command of the aircraft, as soon as is practicable before the flight:
the name of the person in lawful custody; and
the name of that person’s escort (if any).
The operator and pilot in command of an aircraft on which a person in lawful custody is to be carried must not allow the person to board or remain in the aircraft unless:
the person is escorted by a person who is not:
(i) a person in lawful custody; or
(ii) a member of the crew of the aircraft; or
the Secretary has authorised the carriage in an aircraft of:
(i) that person; or
(ii) a class of persons that includes that person;
without an escort.
Passengers on an aircraft must not include more than 2 persons in lawful custody, other than persons referred to in paragraph (5) (b).”.
13.1 Omit the regulation.
14.1 Omit from the heading “
15.1 After subregulation 300 (1), insert:
“(1A) The operator of a regular public transport service that:
is not an international air service; and
(b) is determined by the Secretary in writing to be a service to which this Division applies;
must not cause or permit an aircraft used in that service to land at or take off from a designated airport, unless:
(c) an aviation security program prepared and submitted by the operator under subregulation 302 (1) has been approved by the Secretary; and
(d) that approval is in force.”.
15.2 Subregulation 300 (2):
Omit all the words after “the program”, substitute “must not fail to implement the program.”.
16.1 Omit all the words after paragraph (d), substitute:
“an aviation security program:
(e) prepared and submitted by that operator as if the operator were a person to whom subregulation 302 (1) applies; or
(f) prepared by an operator referred to in subregulation 302 (1), being a program in relation to which approval under subregulation 302 (2) is in force.”.
16.2 Add at the end:
An operator must not implement, for the purposes of this regulation, an aviation security program referred to in paragraph (1) (f) unless the operator who prepared the program has consented in writing to that implementation.”.
17.1 Subregulation 302 (1):
Omit “an international air service to or from Australian territory (being a regular public transport service)”, substitute “a regular public transport service to which subregulation 300 (1) or (1a) applies”.
17.2 Subregulation 302 (2):
Omit “purposes of—”, substitute “following purposes:”.
17.3 Paragraph 302 (2) (a):
Omit “international”.
17.4 Paragraph 302 (2) (d):
Omit “and” (last occurring).
17.5 Paragraph 302 (2) (e):
Omit “that property.”, substitute “that property;”.
17.6 Subregulation 302 (2):
Add at the end:
“(f) carrying on an aircraft a weapon surrendered under paragraph 119 (3) (a);
(g) responding to threats of unlawful interference with an aircraft or with the air service conducted by the operator;
(h) reporting of incidents of unlawful interference, or attempted unlawful interference, with an aircraft or with the air service conducted by the operator;
(i) responding to an offence to which section 7 of the
Crimes (Protection of Aircraft) Act 1973 applies;
carrying in an aircraft a person in lawful custody”.
17.7 Paragraph 302 (3) (a):
Omit the paragraph, substitute:
at:
(i) a designated airport; or
(ii) an aerodrome designated as an international airport under subsection 9 (1) of the Act;
at which aircraft used in an air service conducted by the operator land;”.
18.1 Subregulation 311c (1):
Omit “ensuring that aviation is safeguarded against unlawful interference.”, substitute “aviation security.”.
18.2 Subregulation 311c (2):
Omit “ensuring that aviation is safeguarded against unlawful interference.”, substitute “aviation security.”.
18.3 Add at the end:
After notifying the operator of his or her intention, an authorised officer may, for the purposes of aviation security:
enter, and remain in, an aircraft; and
inspect the aircraft or a part of the aircraft; and
observe the operation of the aircraft by its crew; and
(d) inspect any document held by the operator that relates to a passenger, or intending passenger, in the aircraft.”.
19.1 After Division 2 of Part XVIa, insert:
“311ca. (1) The operator of an aerodrome that is classified a category 1, 2, 3 or 4 aerodrome under Division 4, must establish an airport security committee for the aerodrome.
An airport security committee must comprise persons:
(a) nominated in writing by the operator of the aerodrome; and
approved in writing by the Secretary.
The function of an airport security committee is to make recommendations to the operator of the aerodrome about:
(a) the preparation of an airport security program for the aerodrome; and
the implementation of that airport security program.
The operator of an aerodrome is to convene:
(a) such meetings of the airport security committee as the Secretary requires; and
(b) such additional meetings of that committee as the operator thinks necessary for the efficient performance of the functions of the committee.
The operator of the aerodrome, or a person:
nominated by the operator; and
approved in writing by the Secretary;
must preside at, and direct, meetings of an airport security committee.
“311cb. (1) The Secretary may require, by notice in writing, that the operator of an aerodrome that is a category 1, 2, 3, 4 or 5 aerodrome, submit to the Secretary a draft of an airport security program for the aerodrome.
An operator of an aerodrome must prepare in writing, and submit to the Secretary, a draft airport security program for the aerodrome not later than 3 months after receiving a notice under subregulation (1).
In preparing a draft airport security program, the operator of an aerodrome must have regard to any recommendation of the airport security committee for the aerodrome.
A draft airport security program must include:
(a) a statement of the human and material resources intended to be used for controlling access by persons (including persons in vehicles) to the parts of the aerodrome to which that access needs to be restricted for the purposes of aviation security; and
(b) a description of the manner in which those resources are intended to be used generally, or from time to time, for the purposes of aviation security.
The Secretary may, by notice in writing to the operator of an aerodrome, affirm or reject a draft airport security program submitted by the operator.
A draft airport security program that is affirmed in accordance with subregulation (4) must be:
(a) taken to be the airport security program for the aerodrome in relation to which it was prepared; and
(b) caused to be implemented at the aerodrome by the aerodrome operator.
If a draft airport security program is rejected by the Secretary, the operator who submitted the draft must prepare and submit to the Secretary another draft airport security program within 28 days of being given the Secretary’s notice of rejection.
If the operator of an aerodrome in relation to which there is an airport security program, submits to the Secretary a draft revision of that program, in whole or in part:
(a) subregulations (2), (3) and (4) apply to that draft as if it were a draft airport security program; and
(b) if the Secretary affirms the draft revision in accordance with subregulation (4)—the airport security program must be taken to be so revised.
The Secretary may require, by notice in writing, that a draft revision of an airport security program, in whole or in part, be submitted to the Secretary by the operator of the aerodrome to which that program relates.
An operator of an aerodrome must submit to the Secretary a draft revision of the airport security program for the aerodrome not later than 3 months after receiving a notice under subregulation (8).
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary:
(a) to reject a draft airport security program under subregulation (4); or
(b) to require an operator of an aerodrome to submit a draft revision of an airport security program under subregulation (8).
“
Division 4—Classification of aerodromes for aviation security
“311cc. The Secretary may classify an aerodrome as a category 1, 2, 3, 4 or 5 aerodrome for the purposes of aviation security if he or she reasonably believes that the measures and resources prescribed in relation to a category of aerodromes are those relevant to the aviation security needs of that aerodrome from time to time.
“311cd. Each of the following measures and resources is prescribed in relation to a category 1 aerodrome:
(a) continuous patrolling by members of a uniformed security force:
(i) at all times when a passenger terminal building within the aerodrome is operational—within that terminal building; and
(ii) at all times when the aerodrome is operational—at barriers that separate public areas of the aerodrome from areas access to which is controlled for the purpose of aviation security in relation to:
(a) movement of passengers to or from aircraft; or
(b) loading or unloading of aircraft cargo; or
(c) fuelling, parking or performing maintenance work on aircraft;
(b) patrolling by members of a uniformed security force at a frequency agreed by the operator of the aerodrome and the Secretary:
(i) in the areas of the aerodrome where passenger baggage or other cargo is handled by airline staff, except an area referred to in paragraph (a), at times when passenger baggage, or cargo, is being handled; and
(ii) at locations in the aerodrome, except in an area referred to in paragraph (a), that provide access by passengers or by wheeled vehicles to areas of the aerodrome that are not public areas;
(c) if passengers are embarking on an international flight—assigning at least 2 members of a uniformed security force to locations that enable them to make a rapid response to a security emergency at the screening point in relation to those passengers;
(d) if passengers are embarking on a flight other than an international flight—assigning 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 the screening point in relation to those passengers;
(e) continuous operation of a security control-centre by the aerodrome operator at all times when the aerodrome is in operation;
(f) continuous deployment of security personnel engaged solely in patrolling a part of the aerodrome used for the surface movement of aircraft and adjacent parts of the aerodrome;
(g) segregation of persons who have been screened and given clearance for the purposes of aviation security from other persons;
(h) in the case of passengers embarking on an international flight—examining the accompanying possessions of not fewer than 10% of those passengers;
(i) requiring all persons to identify themselves before entering an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;
(j) controlling at all times, vehicle and pedestrian access to an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;
(k) illumination of an aircraft parking area at the aerodrome when a regular public transport aircraft is parked in that area overnight;
(l) erection and maintenance of fencing, in compliance with standards specified in writing by the Secretary, between a part of an aerodrome used for the surface movement of aircraft and an adjacent part of the aerodrome to which access is not restricted for the purposes of aviation security;
(m) provision of storage that ensures aviation security for baggage and other cargo (including mail) that is intended to be carried in the hold of the aircraft;
(n) appointment of a full-time employee of the operator of the aerodrome to co-ordinate aviation security for the aerodrome as his or her full-time duties;
(o) convening of a meeting of the airport security committee for the aerodrome at intervals not greater than 2 months;
(p) attendance at the aerodrome by a member of a police force:
(i) at times convenient to that police force; or
(ii) on request.
“311ce. Each of the following measures and resources is prescribed in relation to a category 2 aerodrome:
(a) continuous patrolling by members of a uniformed security force:
(i) at all times when a passenger terminal building within the aerodrome is operational—within that terminal building; and
(ii) at all times when the aerodrome is operational—at barriers that separate public areas of the aerodrome from areas access to which is controlled for the purpose of aviation security in relation to:
(a) movement of passengers to or from aircraft; or
(b) loading or unloading of aircraft cargo; or
(c) fuelling, parking or performing maintenance work on aircraft;
(b) patrolling by members of a uniformed security force at a frequency agreed by the operator of the aerodrome and the Secretary:
(i) in the areas of the aerodrome where passenger baggage or other cargo is handled by airline staff, except an area referred to in paragraph (a), at times when passenger baggage, or cargo, is being handled; and
(ii) at locations in the aerodrome, except in an area referred to in paragraph (a), that provide access by passengers or by wheeled vehicles to areas of the aerodrome that are not public areas;
(c) if passengers are embarking on an international flight—assigning at least 2 members of a uniformed security force to locations that enable them to make a rapid response to a security emergency at the screening point in relation to those passengers;
(d) if passengers are embarking on a flight other than an international flight—assigning 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 the screening point in relation to those passengers;
(e) segregation of persons who have been screened and given clearance for the purposes of aviation security from other persons;
(f) in the case of passengers embarking on an international flight—examining the accompanying possessions of not fewer than 10% of those passengers;
(g) requiring all persons to identify themselves before entering an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;
(h) when screening is being conducted—patrolling of the aerodrome, by security personnel who are uniformed and armed, in areas of restricted access specified in writing by the Secretary;
(i) controlling at all times, vehicle and pedestrian access to areas of the aerodrome to which access needs to be restricted for the purposes of aviation security;
(j) illumination of an aircraft parking area at the aerodrome when a regular public transport aircraft is parked in that area overnight;
(k) erection and maintenance of fencing, in compliance with standards specified in writing by the Secretary, between a part of an aerodrome used for the surface movement of aircraft and an adjacent part of the aerodrome to which access is not restricted for the purposes of aviation security;
(l) if the Secretary determines that this paragraph applies to an international flight—provision of storage that ensures aviation security for baggage and other cargo (including mail) that is intended to be carried in the hold of the aircraft;
(m) appointment of a full-time employee of the operator of the aerodrome to co-ordinate aviation security for the aerodrome as his or her full-time duties;
(n) convening of a meeting of the airport security committee for the aerodrome at intervals not greater than 3 months;
(n) attendance at the aerodrome by a member of a police force:
(i) at times convenient to that police force; or
(ii) on request.
“311cf. Each of the following measures and resources is prescribed in relation to a category 3 aerodrome:
(a) if the Secretary determines that this paragraph applies to the aerodrome:
(i) continuous patrolling, by members of a uniformed security force, in a passenger terminal building within the aerodrome in which screening of persons or goods is occurring; and
(ii) continuous patrolling by members of a uniformed security force, at all times when passengers are being screened, at barriers that separate public areas of the aerodrome from areas access to which is controlled for the purpose of aviation security in relation to:
(a) movement of passengers to or from aircraft; or
(b) loading or unloading of aircraft cargo; or
(c) fuelling, parking or performing maintenance work on aircraft;
(iii) patrolling by members of a uniformed security force at a frequency agreed by the operator of the aerodrome and the Secretary:
(a) in the areas of the aerodrome where passenger baggage or other cargo is to be handled by airline staff, except an area referred to in subparagraph (i) or (ii), at times when any such baggage or cargo is being handled; and
(b) at locations in the aerodrome, except in an area referred to in subparagraph (i) or (ii), that provide access by passengers or by wheeled vehicles to areas of the aerodrome that are not public areas;
(iv) if passengers are embarking on an international flight—assigning at least 2 members of a uniformed security force to locations that enable them to make a rapid response to a security emergency at the screening point in relation to those passengers;
(v) if passengers are embarking on a flight other than an international flight—assigning 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 the screening point in relation to those passengers;
(vi) provision of capacity to segregate 100 or more screened persons from persons who have not been screened;
(b) screening of:
(i) all passengers embarking on:
(a) an international flight; or
(b) any other flight by an aircraft intended to accommodate 100 or more passengers; and
(ii) the accompanying possessions of those passengers;
(c) segregation of persons who have been screened and given clearance for the purposes of aviation security from other persons;
(d) in the case of passengers embarking on an international flight—examining the accompanying possessions of not fewer than 10% of those passengers;
(e) requiring all persons to identify themselves before entering an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;
(f) when screening is being conducted—patrolling of the aerodrome, by security personnel who are uniformed and armed, in areas of restricted access specified in writing by the Secretary;
(g) controlling at all times, vehicle and pedestrian access to an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;
(h) illumination of an aircraft parking area at the aerodrome when a regular public transport aircraft is parked in that area overnight;
(i) erection and maintenance of fencing, in compliance with standards specified in writing by the Secretary, between a part of an aerodrome used for the surface movement of aircraft and an adjacent part of the aerodrome to which access is not restricted for the purposes of aviation security;
(j) if the Secretary determines that this paragraph applies to an international flight—provision of storage that ensures aviation security for baggage and other cargo (including mail) that is intended to be carried in the hold of the aircraft;
(k) appointment of a full-time employee of the operator of the aerodrome to co-ordinate aviation security for the aerodrome in addition to his or her other duties;
(l) convening a meeting of the airport security committee for the aerodrome at intervals not greater than 3 months;
(m) attendance at the aerodrome by a member of a police force:
(i) at times convenient to that police force; or
(ii) on request.
“311cg. Each of the following measures and resources is prescribed in relation to a category 4 aerodrome:
(a) screening of:
(i) all passengers embarking on:
(a) an international flight; or
(b) any other flight by an aircraft intended to accommodate 100 or more passengers; and
(ii) the accompanying possessions of those passengers;
(b) segregation of persons who have been screened and given clearance for the purposes of aviation security from other persons;
(c) in the case of passengers embarking on an international flight—examining the accompanying possessions of not fewer than 10% of those passengers;
(d) requiring all persons to identify themselves before entering an area of the aerodrome to which access needs to be restricted for the purposes of aviation security;
(e) erection and maintenance of fencing, in compliance with standards specified in writing by the Secretary, between a part of an aerodrome used for the surface movement of aircraft and an adjacent part of the aerodrome to which access is not restricted for the purposes of aviation security;
(f) attendance at the aerodrome by a member of a police force:
(i) at times convenient to that police force; or
(ii) on request;
(g) appointment of a full-time employee of the operator of the aerodrome to co-ordinate aviation security for the aerodrome in addition to his or her other duties;
(h) convening a meeting of the airport security committee for the aerodrome at intervals not greater than 6 months;
(i) attendance at the aerodrome by a member of a police force:
(i) at times convenient to that police force; or
(ii) on request.
“311ch. The following measure and resources are prescribed in relation to a category 5 aerodrome:
(a) screening of:
(i) all passengers embarking on:
(a) an international flight; or
(b) any other flight by an aircraft intended to accommodate 100 or more passengers; and
(ii) the accompanying possessions of those passengers;
(b) segregation of persons who have been screened and given clearance for the purposes of aviation security from other persons;
(c) in the case of passengers embarking on an international flight—examining the accompanying possessions of not fewer than 10% of those passengers;
(d) requiring all persons to identify themselves before entering a sterile area of the aerodrome;
(e) attendance at the aerodrome by a member of a police force:
(i) at times convenient to that police force; or
(ii) on request.
“311cj. For the purposes of regulations 311cd, 311ce and 311cf, patrolling an area accessible by wheeled vehicles includes inspecting, if appropriate, any such vehicle in that area.
“311ck. (1) The Secretary may give a written direction to:
the operator of a category 1, 2, 3, 4 or 5 aerodrome; or
the operator of an aircraft at that aerodrome;
as appropriate, to apply at the aerodrome a measure or resource that is prescribed in relation to:
(c) that category of aerodrome; or
(d) another category of aerodrome;
if the Secretary reasonably believes that the measure or resource is appropriate for the purposes of aviation security at the aerodrome.
An operator of an aerodrome, or operator of an aircraft, who receives a direction under subregulation (1) must comply with the direction:
in the manner specified in the direction; and
at the time or times specified in the direction.
“
“311cl. (1) To be qualified to be a member of a uniformed security force for the purposes of this Part, a person must be:
(a) trained to a level of competence approved by the Secretary in the techniques of first response to acts of terrorism; and
(b) trained to a proficient level in the use of firearms; and
(c) authorised to bear firearms under the relevant Commonwealth, State or Territory laws applying to the aerodrome where the security force is employed; and
(d) trained to a level of competence approved by the Secretary in general airport procedures in relation to the movement of persons and cargo within an airport; and
(e) capable of responding promptly and effectively to a breach or impending breach of aviation security; and
In addition to the requirements specified in subregulation (1), to be qualified to be a member of a uniformed security force at a category 1 or 2 aerodrome, a person must have:
(a) under the laws of the Commonwealth or of the State or Territory in which the aerodrome is located, powers of arrest and associated powers not less than the powers specified in Part III of the
Australian Protective Service Act 1987 ; and(b) proficiency:
(i) in contributing to the collection and management of information of value to aviation security intelligence; and
(ii) in the appropriate application of such intelligence.
In addition to the requirements specified in subregulation (1), to be qualified to participate as a member of a uniformed security force at a category 3 aerodrome, a person must be:
(a) under the laws of the Commonwealth or of the State or Territory in which the aerodrome is located—authorised to exercise the powers appropriate to a person employed to provide a security service; or
(b) if no such laws apply to the aerodrome—a graduate of a course of training in the performance of the duties of a security service, being a course approved in writing by the Secretary.
For the purposes of this regulation,
(a) to evacuate endangered or potentially endangered persons; and
(b) if the act has occurred or is occurring—to contain it; or
(c) if the act is threatened or prospective—to deter or prevent it; and
(d) to cordon the location of the act; and
(e) to pass relevant information to medical and other emergency services that respond to the act and to other relevant government agencies.
“311cm. (1) A person is not eligible to be a member of a uniformed security force:
at a category 1 or 2 aerodrome; or
(b) providing a measure referred to in paragraph 311cf (a) in relation to a category 3 aerodrome;
unless the person is:
(c) a member or special member of the Australian Federal Police; or
(d) a member of the police force of the State or Territory in which the aerodrome is located; or
(e) a protective service officer; or
(f) determined by the aerodrome operator to be of suitably good character in consequence of information obtained in respect of the person under subregulation (2).
For the purposes of paragraph (1) (f), an aerodrome operator may require to be satisfied in respect of a person proposing to be a member of a uniformed security force at the aerodrome, that:
(a) the person is able to verify his or her identity in accordance with regulation 113cn; and
(b) subject to Part VIIc of the
Crimes Act 1914 in relation to pardons, quashed convictions and spent convictions, the person:(i) has not been convicted of an offence:
(a) under a law of the Commonwealth or of a State or Territory; or
(b) under a law of a country, or of a part of a country other than Australia;
the penalty for which was imprisonment; or
(ii) has not been committed for trial in respect of an offence of the kind referred to in subparagraph (i) without being finally acquitted or convicted of the offence; and
(c) the person is not an illegal entrant within the meaning of the
Migration Act 1958 .
In making a determination under paragraph (1) (f), an
aerodrome operator may disregard the conviction of a person in relation to a
political offence within the meaning of the
“311cn. (1) For the purposes of paragraph 113cm (2) (a), a person may verify his or her identity by showing the aerodrome operator a primary identification document and:
a secondary identification document; or
any 2 tertiary identification documents;
being, in each case, a document identifying that person.
In this regulation:
(a) a certified copy of, or of an extract of, a birth certificate in relation to the person’s birth; or
(b) a certified copy of a citizenship certificate issued in respect of the person; or
(c) a passport issued to the person;
(a) a document that contains a photograph or the signature of the person it identifies and is:
(i) a licence issued under a law of the Commonwealth or the government of a State or Territory of Australia; or
(ii) an identification document issued to a person employed by, or for a purpose of, the Commonwealth or the government of a State or Territory of Australia; or
(iii) an identification document issued to a student at a tertiary education institution in Australia; or
(b) a reference from:
(i) a bank or similar financial institution; or
(ii) a person whose identity has been verified in accordance with subregulation (1); or
(iii) a referee acceptable to the aerodrome operator;
that:
(iv) identifies the person who is the subject of the reference by name; and
(v) certifies that the signatory has known the person by that name for at least 12 months; and
(vi) is signed by the referee and by the person ;
a record issued under a law relating to land titles; or
(b) a signed statement by an employer or former employer of the person that relates to that employment; or
(c) a document issued by a rating authority from its records relating to land ownership or occupation; or
(d) a document issued by a bank or similar financial institution from its records relating to a mortgage or other instrument of security granted by the person to the bank or other institution; or
(e) the electoral roll compiled by the Australian Electoral Office; or
(f) a record issued under a law in force in Australia other than a law relating to land titles.
“311co. In relation to information obtained under
regulation 113cm, an aerodrome
operator must give effect to Information Privacy Principles 1, 2, 4, 6, 7, 8,
9, 10 and 11 set out in section 14 of the
“311cp. On request in writing by the Secretary or an authorised officer, an aerodrome operator must give to the Secretary or the authorised officer, in relation to uniformed security force personnel providing a security service at the aerodrome:
the following information:
(i) the total number of those personnel; and
(ii) the number of those personnel rostered to provide a measure or resource prescribed by these Regulations; and
(b) a copy of the rules (by whatever name they are known) governing the operational procedures of those personnel; and
(c) such information as will enable the Secretary or authorised officer to determine whether the members of the uniformed security force comply with the relevant requirements of regulations 113cl and 113cm.”.
20.1 Subregulation 315d (1):
Omit “sign,”, substitute “sign (other than a sign referred to in regulation 297m),”.
20.2 Subregulation 315d (1):
Omit “of these Regulations”.
20.3 Subregulation 315d (2):
Omit “the last preceding sub-regulation”, substitute “subregulation (1)”.
20.4 Subregulation 315d (3):
Omit the subregulation.
21.1 Paragraph 316 (2) (a):
Omit “(a), (b), (c), or (d) of the last preceding sub-regulation;”, substitute “(1) (a), (b), (c) or (d);”.
21.2 Paragraph 316 (2) (b):
Omit “(b), (c), (d) or (e) of the last preceding sub-regulation,”, substitute “(1) (b), (c), (d) or (e);”.
22.1 Subregulations 329 (1) and (2):
Omit “the Schedule”, substitute "Schedule 2”.
22.2 Paragraph 329 (6) (a):
Omit “the Schedule;”, substitute “Schedule 2;”.
22.3 Subregulation 329 (7):
Omit “the Schedule,”, substitute “Schedule 2,”.
23.1 After regulation 332, insert:
“
WEAPONS
____________________________________________________________
Column 1 Column 2
Item Description
____________________________________________________________
1 A device designed for attachment to a firearm for the purpose of muffling, reducing or stopping the noise of the explosion of a cartridge discharged in the firearm
2 An article commonly known as, or similar to, a knuckleduster
3 An article commonly known as a sap glove
4 A studded glove
5 A spear gun
6 A weapon that, in appearance, substantially replicates a riding crop, walking stick, walking cane or umbrella
7 A weapon capable of discharging, by any means, an irritant liquid, powder, gas or chemical or a dye or a pyrotechnic flare
____________________________________________________________
Column 1 Column 2
Item Description
____________________________________________________________
8 An irritant or toxic gas
9 A weapon capable of discharging a projectile by the action of an explosive or other propellant
10 A crossbow
11 A knife commonly known as a flick-knife, having a blade that opens automatically by gravity, by centrifugal force or by pressure applied to a button, spring or device in or attached to the handle of the knife
12 A device commonly known as, or a device similar to, a Taser Self Defence Weapon
13 A knife commonly known as, or a device similar to, a star knife
14 A knife that, in the opinion of the operator of an aircraft, is a potential weapon
15 A flame-thrower
16 A device in the nature of a hunting sling, catapault or sling shot that is designed for use with, or a component part of which is, a brace that fits or rests on the forearm or another part of the body of the user to support the user’s wrist against the tension of elastic material used to discharge a projectile
17 An imitation or replica firearm or other weapon
18 Ammunition for, or a projectile designed for use with, or discharge from, a firearm or a weapon specified in this Schedule
19 An explosive or incendiary article or device not elsewhere specified in this Schedule
20 An object that, in the opinion of the operator of an aircraft, is a potential weapon.
24.1 Omit the heading, substitute:
“
25.1 The Air Navigation Regulations are amended as set out in the following table:
Provision amended Omit Substitute
____________________________________________________________
| Subregulation 9 (2) | the last preceding sub- regulation | subregulation (1) |
Paragraph 253 (2) (a) | seven | 7 |
Subregulation 253 (3) | (a) or (c) of the last preceding sub-regulation | (2) (a) or (c) |
Subregulation 272 (1) | the last preceding regulation | regulation 271 |
Subregulation 272 (1) | the next succeeding sub-regulation, | subregulation (2), |
Subregulation 272 (2) | the last preceding subregulation | subregulation (1) |
Subregulation 273 (2) | the last preceding regulation | regulation 272 |
Subregulation 274 (2) | of this regulation | |
Subregulation 274 (2) | of these Regulations | |
Subregulation 275 (1) | of this regulation | |
Subregulation 279 (1) | in pursuance of the last preceding regulation | under regulation 278 |
Subregulation 291 (3) | fourteen | 14 |
Subregulation 291 (3) | of this regulation |
Provision amended Omit Substitute
____________________________________________________________
Subregulation 291 (5) | the last preceding sub- regulation | subregulation (4) |
Subregulation 312 (3) | the last two preceding sub-regulations | subregulation (1) or (2) |
Subregulation 312 (3A) | the preceding provisions of this regulation | subregulations (1), (2) and (3) |
Subregulation 312 (5) | the last preceding sub- regulation | subregulation (4) |
Paragraph 312 (5) (a) | six | 6 |
Paragraph 312 (5) (b) | two | 2 |
Subregulation 315 (2) | in pursuance of the last preceding sub-regulation | under subregulation (1) |
Subregulation 319 (2) | the last preceding sub- regulation | subregulation (1) |
Paragraph 320 (1) (a) | of these Regulations | |
Paragraph 320 (1) (b) | of these Regulations | |
Paragraph 320 (1) (c) | of these Regulations | |
Subregulation 320 (2) | (e) of the last preceding sub-regulation | (1) (e) |
Paragraph 320 (3) (d) | of these Regulations | |
Regulation 321a | the last preceding regulation | regulation 321 |
Subregulation 327 (3) | The last preceding sub- regulation | Subregulation (2) |
Subregulation 332 (2) | in pursuance of the last |
preceding sub-regulation | under subregulation (1) |
26.1 A person who, immediately before the commencement of these Regulations, was a delegate of the Minister or of the Secretary under regulation 10 as then in force, is taken to be a delegate under that regulation as amended by these Regulations.
1. Notified in the
Commonwealth of Australia Gazette on 28 June 1991.2. 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; 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 No. 74.
0
0
0