Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016 (Cth)

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Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 24 November 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Infrastructure and Transport

Contents

1Name

This is the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016.

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.

30 November 2016

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Aviation Transport Security Regulations 2005

1

After paragraph 3A.02(2)(a)

Insert:

  1. (aa)

    if the aviation industry participant is not the operator of the airport at which the airside special event zone is proposed to be established—details of the consultation undertaken by the aviation industry participant with the airport operator about the establishment of the proposed airside special event zone;

2

Paragraph 3A.02(2)(d)

Omit “, including dates, times and duration”.

3

At the end of subregulation 3A.02(2)

Add:

Note: If an aviation industry participant needs to revise or make alterations to its transport security program for the purposes of managing and mitigating security risks resulting from a proposed event to be held in a proposed airside special event zone, the aviation industry participant must request the Secretary’s approval, see sections 22 and 23A of the Act.

4

Subregulation 3A.02(3)

Repeal the subregulation.

5

Regulation 3A.05

Repeal the regulation, substitute:

3A.05Requirements for airside special event zones

  1. (1)

    This regulation prescribes requirements for the purposes of section 36A of the Act in relation to airside special event zones.

  2. (2)

    A person commits an offence if:

    1. (a)

      an airside special event zone is established within the airside area of an airport; and

    2. (b)

      the person is the airside special event zone manager in respect of that zone; and

    3. (c)

      the person fails to delineate the boundaries of that zone.

    Penalty:

    1. (a)

      for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

    2. (b)

      for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

    3. (c)

      for an offence committed by an accredited air cargo agent—50 penalty units.

  3. (3)

    A person commits an offence if:

    1. (a)

      an airside special event zone is established within the airside area of an airport; and

    2. (b)

      the person is the airside special event zone manager in respect of that zone; and

    3. (c)

      the person fails to notify relevant aviation industry participants of either or both of the following:

      1. (i)

        when the zone is in force;

      2. (ii)

        when the zone ceases to be in force.

    Penalty:

    1. (a)

      for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

    2. (b)

      for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

    3. (c)

      for an offence committed by an accredited air cargo agent—50 penalty units.

  4. (4)

    In this regulation:

relevant aviation industry participants, in relation to an airside special event zone, means aviation industry participants that are, or are likely to be, affected by the operation of the zone.

6

Subregulation 3A.06(1) (penalty)

Omit “20”, substitute “50”.

7

Subregulation 3A.07(1) (penalty)

Omit “20”, substitute “50”.

8

After paragraph 3A.08(2)(a)

Insert:

  1. (aa)

    if the aviation industry participant is not the operator of the airport at which the landside special event zone is proposed to be established—details of the consultation undertaken by the aviation industry participant with the airport operator about the establishment of the proposed landside special event zone;

9

Paragraph 3A.08(2)(d)

Omit “, including dates, times and duration”.

10

At the end of subregulation 3A.08(2)

Add:

Note: If an aviation industry participant needs to revise or make alterations to its transport security program for the purposes of managing and mitigating security risks resulting from a proposed event to be held in a proposed landside special event zone, the aviation industry participant must request the Secretary’s approval, see sections 22 and 23A of the Act.

11

Subregulation 3A.08(3)

Repeal the subregulation.

12

Regulation 3A.11

Repeal the regulation, substitute:

3A.11Requirements for landside special event zones

  1. (1)

    This regulation prescribes requirements for the purposes of section 38A of the Act in relation to landside special event zones.

  2. (2)

    A person commits an offence if:

    1. (a)

      a landside special event zone is established within the landside area of an airport; and

    2. (b)

      the person is the landside special event zone manager in respect of that zone; and

    3. (c)

      the person fails to delineate the boundaries of that zone.

    Penalty:

    1. (a)

      for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

    2. (b)

      for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

    3. (c)

      for an offence committed by an accredited air cargo agent—50 penalty units.

  3. (3)

    A person commits an offence if:

    1. (a)

      a landside special event zone is established within the landside area of an airport; and

    2. (b)

      the person is the landside special event zone manager in respect of that zone; and

    3. (c)

      the person fails to notify relevant aviation industry participants of either or both of the following:

      1. (i)

        when the zone is in force;

      2. (ii)

        when the zone ceases to be in force.

    Penalty:

    1. (a)

      for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

    2. (b)

      for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

    3. (c)

      for an offence committed by an accredited air cargo agent—50 penalty units.

  4. (4)

    In this regulation:

relevant aviation industry participants, in relation to a landside special event zone, means aviation industry participants that are, or are likely to be, affected by the operation of the zone.

13

Subregulation 3A.12(1) (penalty)

Omit “20”, substitute “50”.

14

Subregulation 3A.13(1) (penalty)

Omit “20”, substitute “50”.

Schedule 2Airport signs

Aviation Transport Security Regulations 2005

1

Paragraph 3.15(1)(a)

Omit “subject to subregulation (2),”.

2

Paragraphs 3.15(1)(e) and (f)

Repeal the paragraphs, substitute:

  1. (e)

    signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), placed at the barrier in such a way that anyone entering the area knows that it is an airside area; and

  2. (f)

    either:

    1. (i)

      a sign, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (6), placed at every entrance to the airside area; or

    2. (ii)

      signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (6A), placed at the barrierin such a way that anyone entering the area knows that it is an airside area.

3

Subregulation 3.15(4)

Omit “is to be as follows”, substitute “must be in the following form, or in the form set out in regulation 3.15A”.

4

Subregulation 3.15(5)

Repeal the subregulation.

5

Subregulation 3.15(6)

Omit “paragraph (1)(f) is to be as follows”, substitute “subparagraph (1)(f)(i) must be in the following form”.

6

After subregulation 3.15(6)

Insert:

  1. (6A)

    A sign required by subparagraph (1)(f)(ii) must be in the form set out in regulation 3.15A.

7

Subregulation 3.15(7)

Omit “(5) and (6)”, substitute “(6) and (6A)”.

  1. 8

    At the end of Subdivision 3.3.1 of Division 3.3 of Part 3

Add:

3.15AAlternative requirements relating to signs for airside areas

For the purposes of subregulations 3.15(4) and (6A), the form of the sign is as follows:

Commonwealth of Australia

WARNING!

Airside area

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

9

Paragraph 3.16(3)(a)

Omit “the area” (wherever occurring), substitute “the security restricted area”.

10

Paragraph 3.16(3)(b)

Omit “zone” (wherever occurring), substitute “security restricted area”.

11

Paragraphs 3.16(3)(c) and (d)

Repeal the paragraphs, substitute:

  1. (c)

    signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), are placed at the boundary of the security restricted area in such a way that anyone entering the security restricted area knows that it is a security restricted area.

12

Subregulation 3.16(4)

Repeal the subregulation, substitute:

  1. (4)

    A sign required by paragraph (3)(c) must be in the following form:

Commonwealth of Australia

WARNING!

Security restricted area

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

13

Regulation 3.19 (definition of exempt person)

Repeal the definition.

14

Subregulation 3.20(3)

Omit “for the zone”, substitute “for the sterile area”.

15

Paragraphs 3.20(3)(b), (c), (d), (e) and (h)

Omit “zone” (wherever occurring), substitute “sterile area”.

16

Paragraph 3.20(3)(h)

Before “area”, insert “sterile”.

17

Paragraph 3.20(3)(i)

Omit “zone” (wherever occurring), substitute “sterile area”.

18

Paragraph 3.20(3)(j)

Omit “in such a way that anyone entering the area”, substitute “at the barrier of the sterile area in such a way that anyone entering the sterile area”.

19

Subregulation 3.22(3)

Repeal the subregulation, substitute:

  1. (3)

    A person commits an offence if:

    1. (a)

      the Secretary has established a fuel storage zone for an airport; and

    2. (b)

      the person is the responsible aviation industry participant for the fuel storage zone at the airport; and

    3. (c)

      either:

      1. (i)

        the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is a fuel storage zone; or

      2. (ii)

        the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.

    Penalty: 200 penalty units.

20

Subregulation 3.22(4)

Repeal the subregulation, substitute:

  1. (4)

    A sign required by subparagraph (3)(c)(i) must be in the following form:

Commonwealth of Australia

WARNING!

Fuel storage zone

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

21

Subregulation 3.23(3)

Repeal the subregulation, substitute:

  1. (3)

    A person commits an offence if:

    1. (a)

      the Secretary has established an air traffic control facilities zone for an airport; and

    2. (b)

      the person is the responsible aviation industry participant for the air traffic control facilities zone at the airport; and

    3. (c)

      either:

      1. (i)

        the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is an air traffic control facilities zone; or

      2. (ii)

        the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.

    Penalty: 200 penalty units.

22

Subregulation 3.23(4)

Repeal the subregulation, substitute:

  1. (4)

    A sign required by subparagraph (3)(c)(i) must be in the following form:

Commonwealth of Australia

WARNING!

Air traffic control facilities zone

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

23

Subregulation 3.24(3)

Repeal the subregulation, substitute:

  1. (3)

    A person commits an offence if:

    1. (a)

      the Secretary has established a navigational aids zone for an airport; and

    2. (b)

      the person is the responsible aviation industry participant for the navigational aids zone at the airport; and

    3. (c)

      either:

      1. (i)

        the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is a navigational aids zone; or

      2. (ii)

        the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.

    Penalty: 200 penalty units.

24

Subregulation 3.24(4)

Repeal the subregulation, substitute:

  1. (4)

    A sign required by subparagraph (3)(c)(i) must be in the following form:

Commonwealth of Australia

WARNING!

Navigational aids zone

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

25

After regulation 3.24

Insert:

3.24AAlternative requirements relating to signs for landside security zones

For the purposes of subparagraphs 3.22(3)(c)(ii), 3.23(3)(c)(ii) and 3.24(3)(c)(ii), the sign must be in the following form:

Commonwealth of Australia

WARNING!

Landside security zone

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

26

Regulation 4.18 (heading)

Repeal the heading, substitute:

4.18Signs to be displayed at places of screening of passengers and carry‑on baggage

27

Subregulation 4.18(1)

Omit “A notice, 0.4 m wide and 0.3 m high, is to be displayed, at a place where screening is carried out, in the following form”, substitute “A sign, at least 0.4 m wide and 0.3 m high, is to be displayed at a place where screening is carried out, in the following form or in the form required by regulation 4.18B”.

28

Regulation 4.18A (heading)

Repeal the heading, substitute:

4.18ASigns to be displayed at operating screening point

29

Subregulation 4.18A(1)

Omit “notice”, substitute “sign”.

30

Subregulation 4.18A(1)

After “following form”, insert “, or in the form required by regulation 4.18B,”.

31

After regulation 4.18A

Insert:

4.18BAlternative requirements relating to signs for screening points

For the purposes of subregulations 4.18(1) and 4.18A(1), the required form of the sign is:

  1. (a)

    if the place where screening is carried out is also a LAGs screening point—the form set out in subregulation 4.22P(2); or

  2. (b)

    if the place where screening is carried out is not a LAGs screening point—the following form:

Commonwealth of Australia

WARNING!

Screening point in operation

A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point

Weapons and prohibited items must not be taken past this point without authority

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

32

Regulation 4.22P

Omit “For”, substitute “(1) For”.

33

Subparagraph 4.22P(c)(i)

Before “0.4” insert “at least”.

34

Subparagraph 4.22P(c)(ii)

After “following form”, insert “or in the form set out in subregulation (2)”.

35

Subparagraph 4.22P(c)(ii)

Omit:

Commonwealth of Australia

WARNING!

International screening point in operation.

Liquids, aerosols and gels other than those prescribed by, or under, the Regulations must not be taken past this point without authority.

Maximum penalty exceeds $2000.00

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

substitute:

Commonwealth of Australia

WARNING!

International screening point in operation

Liquids, aerosols and gels other than those prescribed by, or under, the Regulations must not be taken past this point without authority

Maximum penalty exceeds $2 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

36

At the end of regulation 4.22P

Add:

  1. (2)

    For the purposes of subparagraph (1)(c)(ii), the form of the sign is as follows:

Commonwealth of Australia

WARNING!

International screening point in operation

A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point

Weapons and prohibited items must not be taken past this point without authority

Maximum penalty exceeds $10 000

Liquids, aerosols and gels other than those prescribed by, or under, the Regulations must not be taken past this point without authority

Maximum penalty exceeds $2 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

Schedule 3Airservices Australia

Aviation Transport Security Regulations 2005

1

Regulation 2.78

Omit “, including, by way of an accompanying document”, substitute “and must include”.

2

Paragraph 2.78(a)

Omit “each of”.

3

Paragraph 2.79(1)(b)

Omit “, contractors and responding agencies”, substitute “and contractors”.

4

Paragraph 2.79(1)(c)

Omit “responsibilities; and”, substitute “responsibilities.”.

5

Paragraph 2.79(1)(d)

Repeal the paragraph.

6

Subregulation 2.79(2)

Omit all the words after “a mechanism for”, substitute “consultation between AA and relevant third parties.”.

7

At the end of subregulation 2.79(2)

Add:

Note: Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.

8

Paragraph 2.80(1)(a)

Repeal the paragraph, substitute:

  1. (a)

    details of how audits are scheduled; and

9

Paragraph 2.80(1)(b)

Omit “, including a process for selecting auditors”.

10

Subregulation 2.80(2)

Repeal the subregulation, substitute:

  1. (2)

    AA must:

    1. (a)

      retain the records of an audit for 7 years; and

    2. (b)

      retain the records of a review for 3 years.

11

Subregulations 2.81(1) and (2)

Repeal the subregulations, substitute:

  1. (1)

    The TSP must set out:

    1. (a)

      details of AA’s aviation‑related facilities (including facilities for air traffic control and related activities) that are covered by the TSP; and

    2. (b)

      for each of those facilities—details of:

      1. (i)

        the type of operations carried out by the facility, including joint‑user facilities and other significant operations that may require security considerations; and

      2. (ii)

        the hours of operation of the facility; and

      3. (iii)

        the procedures for security outside each facility’s normal hours of operation.

12

Subregulation 2.81(3)

Omit “The contact details that must be set out are”, substitute “The TSP must be accompanied by a document that sets out”.

13

Subregulation 2.82(2)

Repeal the subregulation, substitute:

  1. (2)

    The TSP must:

    1. (a)

      specify the security measures and procedures that have been implemented within each of AA’s facilities; and

    2. (b)

      be accompanied by a document that sets outa timetable for implementation of any measures and procedures that have not been implemented.

14

Regulation 2.84 (heading)

Repeal the heading, substitute:

2.84Measures for heightened security alert

15

Subregulation 2.84(1)

Repeal the subregulation, substitute:

  1. (1)

    The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.

16

Subregulation 2.84(2)

Omit “The TSP”, substitute “The document”.

17

Paragraph 2.84(2)(b)

Repeal the paragraph, substitute:

  1. (b)

    procedures for reporting aviation security breaches, including occurrences that threaten the security of an AA facility within a security controlled airport; and

18

Regulation 2.86

Repeal the regulation, substitute:

2.86What AA’s TSP must contain—personnel with particular security roles

  1. (1)

    The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of AA in respect of the security‑related aspects of their positions.

  2. (2)

    AA must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at AA’s facilities.

  3. (3)

    In this regulation:

relevant staff of AA means employees, contractors and other persons who have been assigned particular security duties and responsibilities at AA’s facilities.

Schedule 4Other amendments

Aviation Transport Security Regulations 2005

1

After subregulation 2.13(1A)

Insert:

  1. (1B)

    If a screened air service operates from the airport, the TSP must be accompanied by a document that contains a description of the apron or aprons for the airport.

2

Regulation 2.15 (heading)

Repeal the heading, substitute:

2.15What airport operator’s TSP must contain—map of airside and landside areas and security zones

3

Subregulation 2.15(1)

Omit “(1) A map”, substitute “A map”.

4

Subregulations 2.15(2), (3) and (4)

Repeal the subregulations.

5

Subparagraph 2.31(1A)(a)(iii)

Repeal the subparagraph.

6

Subregulation 2.45(2)

Omit “airport”, substitute “facilities”.

7

Subregulation 4.02(3) (definition of apron)

Omit “2.15(4)”, substitute “2.13(1B)”.

Schedule 5Application and transitional provisions

Aviation Transport Security Regulations 2005

1

In the appropriate position in Part 10

Insert:

Division 8—Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016

10.22Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016

  1. (1)

    Despite the amendment of regulation 3.16 of these Regulations by Schedule 2 to the amending Regulation, subregulation 3.16(4) of these Regulations has effect during the period of 3 years starting on the commencement day as if it required a sign to be either:

    1. (a)

      in the form set out in that subregulation; or

    2. (b)

      in the form set out in subregulation 3.16(4) of the old regulations.

  2. (2)

    Despite the amendment of regulations 3.22, 3.23 and 3.24 of these Regulations by Schedule 2 to the amending Regulation, paragraphs 3.22(3)(c), 3.23(3)(c) and 3.24(3)(c) of these Regulations have effect during the period of 4 months starting on the commencement day as if they required a sign to be:

    1. (a)

      for the purposes of paragraph 3.22(3)(c)—either:

      1. (i)

        in the form set out in subregulation 3.22(4) or regulation 3.24A of these Regulations; or

      2. (ii)

        in the form set out in subregulation 3.22(4) of the old regulations; and

    2. (b)

      for the purposes of paragraph 3.23(3)(c)—either:

      1. (i)

        in the form set out in subregulation 3.23(4) or regulation 3.24A of these Regulations; or

      2. (ii)

        in the form set out in subregulation 3.23(4) of the old regulations; and

    3. (c)

      for the purposes of paragraph 3.24(3)(c)—either:

      1. (i)

        in the form set out in subregulation 3.24(4) or regulation 3.24A of these Regulations; or

      2. (ii)

        in the form set out in subregulation 3.24(4) of the old regulations.

  3. (3)

    The amendments of these Regulations made by Schedule 3 to the amending Regulation 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 commencement day whether:

    1. (a)

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

    2. (b)

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

  4. (4)

    In this regulation:

amending Regulation means the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016.

commencement day means the day the amending Regulationcommences.

old regulations means these Regulations as in force immediately before the commencement day.

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