Aviation Transport Security (Prohibited Cargo—Bangladesh) Amendment Instrument 2016 (Cth)

Aviation Transport Security (Prohibited Cargo—Bangladesh) Amendment Instrument 2016

Aviation Transport Security Act 2004

_____________________________________________________________________________

I, Darren Chester, Minister for Infrastructure and Transport, make the following instrument under subsection 65B(1) of the Aviation Transport Security Act 2004.

Dated 4 May 2016

Darren Chester

Minister for Infrastructure and Transport

1  Name of instrument

This instrument is the Aviation Transport Security (Prohibited Cargo—Bangladesh) Amendment Instrument 2016.

2  Commencement

This instrument commences on the day after it is registered.

3Authority

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

4Amendment of Aviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015

The Aviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015 is amended as set out in Schedule 1.

Schedule 1              Amendments

1     Section 3

Insert:

ETD equipment means equipment that can detect, and indicate by means of an alarm, a target amount of explosive material.

security controls, in relation to a last port of call, means requirements or procedures which, under the laws applying at the last port of call, must be applied to detect the presence of explosives in items of cargo.

X-ray observation equipment means equipment that has all of the following characteristics:

(a)     has threat image projection system capability;

(b)     has the ability to differentiate between organic and inorganic material;

(c)     is capable of displaying the following in different colours:

(i)      metals;

(ii)     inorganic material;

(iii)    organic material.

2     Section 5

Before “A person”, insert “(1)”.

3     At the end of section 5

Add:

; (i)    an item to which subsection (2) applies.

(2)   This subsection applies to an item of cargo if:

(a)     at the time it is or was brought into Australian territory, it is or was on an aircraft whose last port of call prior to entering Australia is or was one of the following:

(i)      Abu Dhabi;

(ii)     Bangkok;

(iii)    Doha;

(iv)    Dubai;

(v)     Guangzhou;

(vi)    Hong Kong;

(vii)   Kuala Lumpur;

(viii)  Singapore; and

(b)    the item was subject to security controls at that last port of call, during which the item was subject to one or more of the following:

(i)      examination using X-ray observation equipment;

(ii)     examination using ETD equipment;

(iii)    acceptable physical examination; and

(c)     the item has been found not to contain explosives.

(3)   Acceptable physical examination of an item of cargo is physical examination of the item which includes all of the following measures:

(a)     the item is deconsolidated or unpacked into the smallest box, carton or other unit into which the item can be deconsolidated or unpacked;

(b)     each unit is examined as follows:

(i)      the sides, top and bottom of the unit, including packaging, are checked for hidden compartments and for signs that the piece has been tampered with;

(ii)     the unit is opened and all areas of the interior of the unit are searched;

(iii)    the contents of the unit is searched systematically, layer by layer;

(iv)    the search of the interior areas and the contents of the unit proceeds in a sequence which ensures that every area of the unit and all its contents are thoroughly inspected.