Aviation Transport Security Amendment Regulations 2009 (No. 2) (Cth)

Aviation Transport Security Amendment Regulations 2009 (No. 2)¹

Select Legislative Instrument 2009 No. 85

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

Dated 14 May 2009

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Aviation Transport Security Amendment Regulations 2009 (No. 2).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Aviation Transport Security Regulations 2005

Schedule 1 amends the Aviation Transport Security Regulations 2005.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 1.03, after definition of checked in

insert

child means a person who has not turned 18 years of age.

[2] Regulation 1.03, after definition of grey ASIC

insert

immediate family of a person means the following individuals, if they are travelling with the person:

(a)the person’s spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901);

(b)the person’s child (including an adopted child);

(c)a child for whom the person is a legal guardian.

[3] Paragraph 3.20 (3) (e)

omit

regulation 4.11;

insert

regulation 4.11 or 4.12A;

[4] Paragraph 4.09 (2) (b)

substitute

(b)he or she receives clearance under regulation 4.10, 4.11, 4.12 or 4.12A.

[5] Regulation 4.12

substitute

4.12Foreign dignitaries receiving clearance at screening point without being screened

(1)For paragraph 41 (2) (b) of the Act, any of the following persons may pass through a screening point without being screened:

(a)a Head of State of a country recognised by Australia and members of his or her immediate family;

(b)a Head of the government of a country recognised by Australia and members of his or her immediate family;

(c)a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.

(2)For paragraph 42 (2) (b) of the Act, carry‑on baggage of a person mentioned in subregulation (1) may pass through a screening point with the person without being screened.

Note The Secretary may also provide for clearance by written notice under subsection 41 (2) of the Act.

4.12AForeign dignitaries receiving clearance other than through a screening point

(1)For paragraph 41 (2) (c) of the Act, any of the persons mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point if the person is accompanied by:

(a)a member of the Australian Federal Police who meets the requirements of subregulation 4.11 (4); or

(b)an officer of the Australian Customs Service who meets the requirements of subregulation 4.11 (1).

(2)The persons are as follows:

(a)a Head of State of a country recognised by Australia and members of his or her immediate family;

(b)a Head of the government of a country recognised by Australia and members of his or her immediate family;

(c)a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.

(3)For paragraph 42 (2) (c) of the Act, carry‑on baggage of a person mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft with the person other than through a screening point.

Note The Secretary may also provide for clearance by written notice under subsection 41 (2) of the Act.

[6] Regulation 4.15, at the foot

insert

Note The carry‑on baggage of foreign dignitaries may receive clearance under subregulation 4.12 (2) or 4.12A (3).

[7] Regulation 4.36

omit

Note

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