Transport Security Legislation Amendment (Security Assessments) Regulation 2016 (Cth)

Transport Security Legislation Amendment (Security Assessments) 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 27 October 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Infrastructure and Transport

Contents

1Name

This is the Transport Security Legislation Amendment (Security Assessments) 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. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	29 October 2016
2. Schedule 1	Immediately after the commencement of Part 1 of Schedule 1 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016.	1 November 2016
3. Schedule 2	Immediately after the commencement of Part 1 of Schedule 2 to the Transport Security Legislation Amendment (Identity Security) Regulation 2016.	1 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Note: This table relates only to the provisions of this instrument as originally made.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 following:

1. (a)

   the Aviation Transport Security Act 2004;

2. (b)

   the Maritime Transport and Offshore Facilities Security Act 2003.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1Aviation transport security

Aviation Transport Security Regulations 2005

1

Regulation 1.03

Insert:

parent: without limiting who is a parent of anyone for the purposes of these Regulations, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

2

Subregulation 6.28(3)

Omit all the words after “under 18”, substitute:

if:

1. (a)

   the person meets the criteria in paragraphs (1)(a), (b), (c), (e) and (f); and

2. (b)

   in the case of a person who was under 14 at the time the application for the ASIC was made—the application was accompanied by a written consent, given by a parent or guardian of the person, for the issuing body to perform its functions, and exercise its powers, in relation to the issuing of the ASIC (including by applying for a background check of the person).

3

Subregulation 6.32(3)

Omit all the words after “later than”, substitute:

the earlier of:

1. (a)

   6 months after the person’s 18th birthday; and

2. (b)

   2 years after the last day of the month in which the background check, undertaken when the person applied for the ASIC, was completed.

4

Paragraph 6.38C(3)(b)

Repeal the paragraph.

5

Subregulation 6.43(3)

Repeal the subregulation.

6

Subregulation 6.43(3A)

Omit “or (3)”.

7

Subregulations 6.43(6) and (7)

Omit “, (3)”.

8

In the appropriate position in Part 10

Insert:

Division 6—Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016

10.20Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016

1. (1)

   The amendments made by items 1, 2, 3, 5, 6 and 7 of Schedule 1 to the Transport Security Legislation Amendment (Security Assessments) Regulation 2016 apply in relation to:

   1. (a)

      an application for an ASIC made to an issuing body on or after 1 November 2016; and

   2. (b)

      an ASIC issued as a result of such an application.

2. (2)

   The amendment made by item 4 of Schedule 1 to the Transport Security Legislation Amendment (Security Assessments) Regulation 2016 applies in relation to the issue of a VIC on or after 1 November 2016.

Schedule 2Maritime transport and offshore facilities security

Maritime Transport and Offshore Facilities Security Regulations 2003

1

Subregulation 1.03(1)

Insert:

parent: without limiting who is a parent of anyone for the purposes of these Regulations, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

2

Subregulation 6.08C(4)

Repeal the subregulation (not including the note), substitute:

1. (4)

   However, if a person is younger than 18, the issuing body may issue an MSIC to the person if:

   1. (a)

      the person meets the criteria in paragraphs (1)(a), (b), (c) and (d); and

   2. (b)

      in the case of a person who was under 14 at the time the application for the MSIC was made—the application was accompanied by a written consent, given by a parent or guardian of the person, for the issuing body to perform its functions, and exercise its powers, in relation to the issuing of the MSIC (including by applying for a background check of the person).

3

Paragraph 6.08I(2)(a)

Repeal the paragraph, substitute:

1. (a)

   an MSIC issued to a person under 18 in reliance on subregulation 6.08C(4) must expire no later than the earlier of:

   1. (i)

      6 months after the person’s 18th birthday; and

   2. (ii)

      2 years after the day the background check on the person for the issue of the MSIC is completed; and

4

In the appropriate position in Schedule 2

Insert:

Part 5—Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016

106Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016

The amendments made by Schedule 2 to the Transport Security Legislation Amendment (Security Assessments) Regulation 2016 apply in relation to:

1. (a)

   an application for an MSIC made to an issuing body on or after 1 November 2016; and

2. (b)

   an MSIC issued as a result of such an application.