Aviation Transport Security Amendment (Air Cargo) Act 2011 (Cth)

Aviation Transport Security Amendment (Air Cargo) Act 2011

No. 180, 2011 as amended

Compilation start date: 5 June 2012

Includes amendments up to: Act No. 103, 2013

About this compilation

This compilation

This is a compilation of the Aviation Transport Security Amendment (Air Cargo) Act 2011 as in force on 5 June 2012. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 23 September 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to amend the Aviation Transport Security Act 2004, and for related purposes

1Short title

This Act may be cited as the Aviation Transport Security Amendment (Air Cargo) Act 2011.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	5 December 2011
2. Schedule 1, Part 1	A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	5 June 2012
3. Schedule 1, Part 2	The day this Act receives the Royal Assent.	5 December 2011
4. Schedule 1, Parts 3 to 5	At the same time as the provision(s) covered by table item 2.	5 June 2012

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1AmendmentsPart 1Accredited air cargo agents

Aviation Transport Security Act 2004

1. 1

   Section 9 (after paragraph (c) of the definition of aviation industry participant)

   Insert:

   1. (ca)

      an accredited air cargo agent; or

2

Section 9 (definition of employee)

Repeal the definition, substitute:

employee, in relation to an aviation industry participant, means an individual:

1. (a)

   employed by the aviation industry participant; or

2. (b)

   engaged under a contract for services between the individual and the aviation industry participant.

3

Paragraph 35(3)(b)

After “paragraph (a)”, insert “or (c)”.

4

Paragraph 35(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

5

Paragraph 36(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

6

Paragraph 36(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

7

Paragraph 36A(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

8

Paragraph 36A(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

9

Paragraph 37(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

10

Paragraph 37(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

11

Paragraph 38(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

12

Paragraph 38(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

13

Paragraph 38A(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

14

Paragraph 38A(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

15

Paragraph 44(4)(b)

After “other than”, insert “an accredited air cargo agent or”.

16

Paragraph 44(4)(c)

After “committed by”, insert “an accredited air cargo agent or”.

17

Paragraph 44C(4)(b)

After “other than”, insert “an accredited air cargo agent or”.

18

Paragraph 44C(4)(c)

After “committed by”, insert “an accredited air cargo agent or”.

19

Paragraph 52(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

20

Paragraph 52(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

21

Paragraph 60(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

22

Paragraph 60(3)(c)

After “committed by”, insert “an accredited air cargo agent or”.

23

Paragraph 62(2)(b)

After “other than”, insert “an accredited air cargo agent or”.

24

Paragraph 62(2)(c)

After “committed by”, insert “an accredited air cargo agent or”.

25

Paragraph 65(3)(b)

After “other than”, insert “an accredited air cargo agent or”.

26

Paragraph 65(3)(b)

After “committed by”, insert “an accredited air cargo agent or”.

27

Subsection 73(1) (penalty)

Repeal the penalty, substitute:

Penalty: For an airport operator or an aircraft operator—200 penalty units.

For an aviation industry participant, other than an airport operator, an aircraft operator or an accredited air cargo agent—100 penalty units.

For an accredited air cargo agent—50 penalty units.

28

Subsection 79(2)

Repeal the subsection, substitute:

1. (2)

   For the purposes set out in subsection (1), an aviation security inspector may:

   1. (a)

      enter and inspect a security controlled airport; or

   2. (b)

      enter and inspect:

      1. (i)

         any area, building (other than a residence) or vehicle under the control of an aviation industry participant; or

      2. (ii)

         if an aviation industry participant operates from a residence or a part of a residence—the residence or the part of the residence from which the participant operates; or

   3. (c)

      inspect equipment in a place or vehicle mentioned in paragraph (a) or (b); or

   4. (d)

      observe the operating procedures of an aviation industry participant; or

   5. (e)

      discuss those procedures with an employee of the aviation industry participant or with another aviation industry participant; or

   6. (f)

      inspect, photograph or copy a document or record made or kept by an aviation industry participant; or

   7. (g)

      operate equipment at a place mentioned in paragraph (a) or (b) for the purposes of gaining access to a document or record made or kept by an aviation industry participant.

29

Paragraph 79(3)(b)

Omit “or accredited air cargo agent concerned (or both)”, substitute “concerned”.

30

Subsection 79(3A)

Repeal the subsection, substitute:

1. (3A)

   This subsection applies to the following powers:

   1. (a)

      a power covered by subparagraph (2)(b)(i);

   2. (b)

      a power covered by paragraph (2)(c), to the extent that it relates to subparagraph (2)(b)(i);

   3. (c)

      a power covered by paragraph (2)(d) or (e);

   4. (d)

      a power covered by paragraph (2)(f), to the extent that the document or record is found in the exercise of a power covered by paragraph (a), (b) or (e) of this subsection;

   5. (e)

      a power covered by paragraph (2)(g), to the extent that it relates to subparagraph (2)(b)(i).

31

Subsection 102(1) (penalty)

Repeal the penalty, substitute:

Penalty: For a person with incident reporting responsibilities who is an aviation industry participant, other than an accredited air cargo agent—100 penalty units.

For any other person with incident reporting responsibilities—50 penalty units.

Part 2Extension of Transport Security Programs

Aviation Transport Security Act 2004

32

At the end of section 20

Add:

Extension of period for certain participants

1. (4)

   Despite subsection (3), if:

   1. (a)

      the aviation industry participant is a regulated air cargo agent; and

   2. (b)

      the transport security program for the participant will cease to be in force before 31 December 2012;

the program is taken to be in force until the earliest of the following:

1. (c)

   31 December 2012;

2. (d)

   the program is replaced under subsection 22(4) or 23(4);

3. (e)

   the approval of the program is cancelled under this Division.

Note 1: The following heading to subsection 20(1) is inserted “When program comes into force”.

Note 2: The following heading to subsection 20(3) is inserted “Period in which program remains in force”.

33

Application of amendment

The amendment made by item 32 of this Schedule applies in relation to transport security programs that are in force when that item commences, regardless of when they were approved.

Part 3Certification of cargo

Aviation Transport Security Act 2004

34

Section 4 (paragraph relating to Part 4)

Omit “certification,”.

35

Section 9 (definition of certified)

Repeal the definition.

36

Paragraph 39(aa)

Omit “, certifying”.

37

Division 2A of Part 4 (heading)

Repeal the heading, substitute:

Division 2A—Examining and clearing cargo

38

Section 44A

Omit “and certified”.

39

Paragraph 44A(c)

Repeal the paragraph.

40

Subsection 44B(2)

Repeal the subsection, substitute:

1. (2)

   Cargo receives clearance if:

   1. (a)

      after being examined, the cargo has been treated in accordance with regulations made for the purposes of section 44C; or

   2. (b)

      the cargo has been treated in accordance with regulations made for the purposes of section 44C, and the regulations provide, or the Secretary by written notice provides, that the cargo may be so treated without being examined.

Note: The heading to section 44B is altered by omitting “, certifying”.

41

Subsection 44B(4)

Repeal the subsection.

42

Subparagraph 44C(1)(a)(ii)

Repeal the subparagraph.

Note: The heading to section 44C is altered by omitting “, certifying”.

43

Paragraph 44C(2)(g)

Omit “be certified”, substitute “receive clearance”.

Part 4Training of employees of certain aviation industry participants

Aviation Transport Security Act 2004

44

At the end of subsection 44C(1)

Add:

1. ; and (g)

   prescribe training requirements for employees of:

   1. (i)

      all regulated air cargo agents or all accredited air cargo agents; or

   2. (ii)

      one or more specified classes of regulated air cargo agents or accredited air cargo agents; or

   3. (iii)

      one or more specified regulated air cargo agents or accredited air cargo agents.

45

After subsection 44C(1)

Insert:

1. (1A)

   The Secretary may, by legislative instrument, make a determination in relation to the matter covered by paragraph (1)(g).

46

Subsection 44C(4)

Omit “made under this section may prescribe penalties for offences against those regulations”, substitute “or other legislative instruments made for the purposes of this section may prescribe penalties for offences against those instruments”.

Part 5References to freight

Aviation Transport Security Act 2004

1. 47

   Subsection 134(2) (definition of Australian international carriage)

   Omit “freight” (wherever occurring), substitute “cargo”.

2. 48

   Subsection 134(2) (definition of bilateral arrangement)

   Omit “freight” (wherever occurring), substitute “cargo”.

Endnotes

Endnote 1About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub‑Ch = Sub‑Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Aviation Transport Security Amendment (Air Cargo) Act 2011	180, 2011	5 Dec 2011	See s 2(1)
Statute Law Revision Act 2013	103, 2013	29 June 2013	Sch 2 (item 1): (a)	—

(a) Subsection 2(1) (item 5) of the Statute Law Revision Act 2013 provides as follows:

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
5. Schedule 2, item 1	Immediately after the time specified in the Aviation Transport Security Amendment (Air Cargo) Act 2011 for the commencement of Part 1 of Schedule 1 to that Act.	5 June 2012

Endnote 4Amendment history

Provision affected	How affected
Sch 1
Pt 1
item 29.......................................... ..........................................	am No 103, 2013

Endnote 5Uncommenced amendments [none]Endnote 6Modifications [none]Endnote 7Misdescribed amendments [none]Endnote 8Miscellaneous [none]