Aviation Transport Security Amendment (Security Systems Testing) Regulations 2020 (Cth)

Aviation Transport Security Amendment (Security Systems Testing) Regulations 2020

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 17 December 2020

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 (Security Systems Testing) Regulations 2020.

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.	19 December 2020

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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. 1

   Regulation 4.22A (paragraph (b) of the definition of exempt person)

Repeal the paragraph, substitute:

1. (b)

   a representative of the screening authority who is lawfully testing the screening system; or

2. (c)

   an aviation security inspector who is on duty and requires a LAG product in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

2

After paragraph 4.22HA(1)(a)

Insert:

1. (aa)

   the person is not an exempt person; and

1. 3

   Regulation 4.22QA (paragraph (b) of the definition of exempt person)

Repeal the paragraph, substitute:

1. (b)

   a representative of the screening authority who is lawfully testing the screening system; or

2. (c)

   an aviation security inspector who is on duty and requires an inorganic powder in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

4

After paragraph 4.22QD(1)(a)

Insert:

1. (aa)

   the person is not an exempt person; and

5

Regulation 4.53 (heading)

Repeal the heading, substitute:

4.53Persons authorised to have weapons or test weapons (not firearms) in possession in secure areas

6

Before subregulation 4.53(1)

Insert:

Weapons (other than firearms)

7

Paragraph 4.53(1)(e)

Omit “an aviation security inspector on duty, or a representative of the screening authority,”, substitute “a representative of the screening authority”.

8

At the end of regulation 4.53

Add:

Test weapons

1. (5)

   A person who is an aviation security inspector is authorised to have a test weapon in the person’s possession in a secure area if the person:

   1. (a)

      is on duty; and

   2. (b)

      requires the test weapon in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

9

Paragraph 4.54(1)(da)

Omit “an aviation security inspector on duty, or a representative of the screening authority,”, substitute “a representative of the screening authority”.

10

Regulation 4.55 (heading)

Repeal the heading, substitute:

4.55Persons authorised to carry weapons or test weapons through screening points—general

11

Regulation 4.55 (after the heading)

Insert:

Weapons

12

Regulation 4.55

Before “The following persons”, insert “(1)”.

13

Paragraph 4.55(c)

Omit “an aviation security inspector on duty, or a representative of the screening authority,”, substitute “a representative of the screening authority”.

14

Regulation 4.55 (before note 1)

Insert:

Test weapons

1. (2)

   A person who is an aviation security inspector is authorised to carry a test weapon through a screening point if the person:

   1. (a)

      is on duty; and

   2. (b)

      requires the test weapon in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

15

Regulation 4.59 (heading)

Repeal the heading, substitute:

4.59Persons authorised to have weapons or test weapons in possession on prescribed aircraft

16

Before subregulation 4.59(1)

Insert:

Weapons

17

At the end of regulation 4.59

Add:

Test weapons

1. (6)

   An aviation security inspector is authorised to possess a test weapon on board a prescribed aircraft if the inspector:

   1. (a)

      is on duty; and

   2. (b)

      requires the weapon in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

18

At the end of regulation 4.63

Add:

1. (3)

   An aviation security inspector is authorised to have a prohibited item in the inspector’s possession in the sterile area if the inspector:

   1. (a)

      is on duty; and

   2. (b)

      requires the item in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

19

At the end of regulation 4.64

Add:

1. (6)

   An aviation security inspector is authorised to carry a prohibited item through a screening point if the inspector:

   1. (a)

      is on duty; and

   2. (b)

      requires the item in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

20

After subregulation 4.65(2)

Insert:

1. (2A)

   An aviation security inspector is authorised to have a prohibited item in the inspector’s possession on board a prescribed aircraft if the inspector:

   1. (a)

      is on duty; and

   2. (b)

      requires the item in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

21

After subregulation 5.01(2)

Insert:

1. (2A)

   Subregulation (2) does not apply if:

   1. (a)

      the aviation security inspector is exercising a power under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system; and

   2. (b)

      the inspector reasonably believes that showing the inspector’s identity card to the person would adversely affect the effectiveness of the test.

22

At the end of Division 5.1 of Part 5

Insert:

5.02Requirements for testing security systems

Requirements relating to general security systems testing

1. (1)

   For the purposes of paragraph 79(2)(h) of the Act, the following requirements are prescribed:

   1. (a)

      if the aviation security inspector proposes to use a test weapon to conduct a test of a security system, the inspector:

      1. (i)

         must, in advance of the test, notify each agency specified in subregulation (3) (to the extent that the agency has functions or powers in relation to the place in which the test is to be conducted) of the location, time and day on which the test will be conducted; and

      2. (ii)

         must hold, and have in the inspector’s possession at the time of the test, any licence or permission that is required for the inspector to possess and use the test weapon to test the security system under the law of the State or Territory in which the test is to be conducted; and

      3. (iii)

         must carry, transport and store the test weapon in accordance with any requirements under the law of the State or Territory in which the test is to be conducted;

   2. (b)

      upon completion of the test, the inspector:

      1. (i)

         must advise the person representing or apparently representing an aviation industry participant at the test that the inspector is an aviation security inspector; and

      2. (ii)

         must show that person the inspector’s identity card;

   3. (c)

      within a reasonable time after the test, the inspector must provide a report of the outcome of the test to each aviation industry participant responsible for the security system that was tested.

Requirements relating to aircraft security systems testing

1. (2)

   For the purposes of paragraph 80(2)(f) of the Act, the following requirements are prescribed:

   1. (a)

      the aviation security inspector must include in the notice given to the aircraft operator under subsection 80(3) of the Act, the location, time and day on which a test of a security system will be conducted;

   2. (b)

      the inspector must, in advance of the test, also notify the following persons and agencies of the location, time and day on which the test will be conducted:

      1. (i)

         the airport operator of the airport at which the test is to be conducted;

      2. (ii)

         each agency specified in subregulation (3) to the extent that the agency has functions or powers in relation to the aircraft in which the test is to be conducted;

   3. (c)

      if the inspector proposes to use a test weapon to conduct a test of a security system, the inspector:

      1. (i)

         must hold, and have in the inspector’s possession at the time of the test, any licence or permission that is required for the inspector to possess and use the test weapon to test the security system under the law of the State or Territory in which the test is to be conducted; and

      2. (ii)

         must carry, transport and store the test weapon in accordance with any requirements under the law of the State or Territory in which the test is to be conducted;

   4. (d)

      upon completion of the test, the inspector:

      1. (i)

         must advise the person representing or apparently representing an aviation industry participant at the test that the inspector is an aviation security inspector; and

      2. (ii)

         must show that person the inspector’s identity card;

   5. (e)

      within a reasonable time after the test, the inspector must provide a report of the outcome of the test to the aircraft operator and any other aviation industry participant responsible for a security system that was tested.

Agencies for notification

1. (3)

   For the purposes of subparagraphs (1)(a)(i) and (2)(b)(ii), the following agencies are specified:

   1. (a)

      the Australian Federal Police;

   2. (b)

      the police force of a State or Territory;

   3. (c)

      the Australian Border Force.