Aviation Transport Security Amendment Regulation 2012 (No. 6) (Cth)

Aviation Transport Security Amendment Regulation 2012 (No. 6)¹

Select Legislative Instrument 2012 No. 304

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Aviation Transport Security Act 2004.

Dated 6 December 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure and Transport

1. Name of regulation

This regulation is the Aviation Transport Security Amendment Regulation 2012 (No. 6).

1. Commencement

This regulation commences on the day after it is registered.

1. Amendment of Aviation Transport Security Regulations 2005

Schedule 1 amends the Aviation Transport Security Regulations 2005.

Schedule 1          Amendments

(section 3)

[1]          After regulation 1.05

insert

1.05ACategories of airports

A reference in these Regulations to a security controlled airport that is identified by reference to a category is a reference to a security controlled airport that is assigned to that category by the Secretary under subsection 28 (6) of the Act.

Example

A category 1 security controlled airport is a security controlled airport that has been assigned to category 1 by the Secretary under subsection 28 (6) of the Act.

[2]          Regulation 1.07

omit

[3]          Regulation 2.23, heading

substitute

2.23Content of TSPs for operators of designated airports—barriers

[4]          Subregulation 2.23 (1)

substitute

(1)This regulation applies to the TSPs for the operators of designated airports.

[5]          Regulation 3.01B

substitute

3.01BCategories of security controlled airports

For section 28A of the Act, the categories in column 1 of the table are prescribed.

Category of security controlled airport

Examples of security controlled airports that may fall within corresponding category

1

Designated airports

2

Airports to or from which an international air service operates and that do not fall within any examples corresponding to category 1 security controlled airports

3

Airports that do not fall within any examples corresponding to category 1 or category 2 security controlled airports, and that meet the following:

   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg;

  (b)  if those operations are only operated to or from the airport by aircraft with a maximum weight of at least 20 000 kg but less than 30 000 kg—those operations involve an average of at least 50 000 revenue passengers departing the airport each year

4

Airports that do not fall within any examples corresponding to categories 1 to 3 security controlled airports, and that meet both of the following:

   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg;

  (b)  those operations involve an average of at least 30 000 but less than 50 000 revenue passengers departing the airport each year

5

Airports that do not fall within any examples corresponding to categories 1 to 4 security controlled airports, and that meet both of the following:

   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg;

  (b)  those operations involve an average of less than 30 000 revenue passengers departing the airport each year

6

Airports that do not fall within any examples corresponding to categories 1 to 5 security controlled airports, and that meet either of the following:

   (a)  aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 5 700 kg but less than 20 000 kg;

  (b)  aircraft operate closed charter operations to or from the airport with a maximum weight of at least 10 750 kg

7

Airports that may be required to comply with requirements imposed on different categories of security controlled airports

[6]          Regulation 4.01, heading

substitute

4.01Definition—operational period

[7]          Regulation 4.01, definition of operational period, subparagraph (a) (i)

omit

Adelaide Airport, Brisbane Airport, Melbourne Airport, Perth Airport, Sydney Airport, Cairns Airport, Canberra Airport, Coolangatta Airport, or Darwin Airport — the

insert

a category 1 security controlled airport—the

[8]          Subregulation 4.02 (1)

substitute

(1)An aircraft must be a cleared aircraft before departure if it is operating a regular public transport operation or an open charter operation with a maximum weight of at least 20 000 kg.

[9]          Subregulation 4.02 (2)

substitute

(2)An aircraft must be a cleared aircraft if the aircraft:

(a)is not covered by subregulation (1); and

(b)departs from a category 1 security controlled airport; and

(c)departs from the same airport apron as an aircraft (the other aircraft) described in subregulation (1); and

(d)is scheduled to depart within the operational period of the other aircraft.

[10]        Paragraph 5.06 (b)

omit

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See