Aviation Transport Security Amendment (Landside Security) Regulations 2019 (Cth)

Aviation Transport Security Amendment (Landside Security) Regulations 2019

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 28 November 2019

David Hurley

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Home Affairs

Contents

1Name

This instrument is the Aviation Transport Security Amendment (Landside Security) Regulations 2019.

2Commencement

1. (1)

   Each provision of this instrument 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
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	5 December 2019

Note: This table relates only to the provisions of this instrument as originally made.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

1. (2)

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

3Authority

This instrument is made under the Aviation Transport Security Act 2004.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Aviation Transport Security Regulations 2005

1

Regulation 1.03 (definition of secure area)

Repeal the definition (not including the note), substitute:

secure area means either of the following:

1. (a)

   a landside security zone (not including a crowded landside zone);

2. (b)

   the airside area of a security controlled airport.

2

After regulation 2.18A

Insert:

2.18BWhat airport operator’s TSP must contain—crowded landside zones at designated airports

If an airport operator is responsible for the crowded landside zone at a designated airport, the airport operator’s TSP must:

1. (a)

   set out measure and procedures:

   1. (i)

      to control crowding in the crowded landside zone; and

   2. (ii)

      to reduce the risk and consequences of damage from explosive devices in the crowded landside zone; and

2. (b)

   include details of:

   1. (i)

      exercises to be conducted to test the effectiveness of security responses in the crowded landside zone; and

   (ii) how such exercises are scheduled.

3

Paragraph 2.21(2)(c)

Repeal the paragraph, substitute:

1. (c)

   procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an incident, threat or breach involving one or more of the following:

   1. (i)

      an aircraft hijacking;

   2. (ii)

      a bomb threat;

   3. (iii)

      a failure of critical security equipment;

   4. (iv)

      an unattended or suspect vehicle or thing in a crowded landside zone;

   5. (v)

      armed persons in a crowded landside zone; and

4

Paragraph 2.43(2)(c)

Repeal the paragraph, substitute:

1. (c)

   procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an incident, threat or breach involving one or more of the following:

   1. (i)

      an aircraft hijacking;

   2. (ii)

      a bomb threat;

   3. (iii)

      a failure of critical security equipment;

   4. (iv)

      an external attack on an aircraft;

   5. (v)

      the discovery of an unknown substance on an aircraft in flight;

   6. (vi)

      the discovery of an unauthorised person on board an aircraft in flight;

   7. (vii)

      an unattended or suspect vehicle or thing in a crowded landside zone;

   8. (viii)

      armed persons in a crowded landside zone; and

5

After paragraph 3.02(a)

Insert:

1. (aa)

   the crowded landside zone;

6

Regulation 3.02 (note and diagram)

Repeal the note and diagram.

7

Regulation 3.21 (heading)

Repeal the heading, substitute:

3.21Security requirements for certain landside security zones

8

At the end of subregulation 3.21(1)

Add “or a crowded landside zone”.

9

After regulation 3.21

Insert:

3.21ASecurity requirements for crowded landside zones

1. (1)

   This regulation begins to have effect in relation to a designated airport when the Secretary establishes a crowded landside zone for the airport.

2. (2)

   An airport operator commits an offence if:

   1. (a)

      the Secretary has established a crowded landside zone for a designated airport; and

   2. (b)

      the airport operator is responsible for the crowded landside zone at the designated airport; and

   3. (c)

      the airport operator does not take measures to control crowding in the crowded landside zone.

   Penalty: 200 penalty units.

10

Subregulations 3.25(2) and (4)

After “security zone”, insert “(other than a crowded landside zone)”.

1. 11

   Subparagraphs 3A.06(1)(c)(i), 3A.07(1)(c)(i), 3A.12(1)(c)(ii) and 3A.13(1)(c)(ii)

After “security zone”, insert “(other than a crowded landside zone)”.

12

At the end of subregulation 4.14(3)

Add “(other than a crowded landside zone)”.

13

In the appropriate position in Part 10

Insert:

Division 15—Amendments made by the Aviation Transport Security Amendment (Landside Security) Regulations 2019

10.36Amendments made by the Aviation Transport Security Amendment (Landside Security) Regulations 2019

The amendments made by items 2 to 4 of Schedule 1 to the Aviation Transport Security Amendment (Landside Security) Regulations 2019 apply in relation to the approval of a TSP, or of proposed alterations of a TSP, under section 19, 21 or 23A of the Act on or after the day that Schedule commences, whether:

1. (a)

   the TSP is given to the Secretary under the Act before, on or after that day; or

2. (b)

   the request under section 22 or 23A of the Act relating to the TSP is made before, on or after that day.