Acts of Parliament assented to - Act No.136 to 143 of 2018

Overview

The Aviation Transport Security Amendment Act 2018 was assented to on 29 November 2018 by the Governor-General, representing Her Majesty. This Act aims to amend the Aviation Transport Security Act 2004 to address emerging security threats and enhance aviation security measures. The enacting body is the Parliament of Australia, which passed the Act to ensure that aviation security practices are up to date with current threats and technological advancements. The policy objective is to strengthen aviation security and protect the travelling public from potential risks. The Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Act 2018, also assented to on 29 November 2018, seeks to amend the law relating to taxation and combat the black economy. This Act is another measure passed by the Parliament of Australia to tackle economic activities that evade tax and other obligations. By addressing these issues, the Act aims to ensure a fairer and more compliant economic environment, protecting the integrity of the tax system and promoting honest economic behaviour.

Scope and Application

The Aviation Transport Security Amendment Act 2018 applies to any person or entity involved in aviation transport activities within Australia. This includes both domestic and international flights, as well as the associated infrastructure and services. The Act mandates enhanced security measures to safeguard aviation transport against acts of unlawful interference, thus impacting a broad range of stakeholders such as airlines, airports, security providers, and federal agencies responsible for enforcing aviation security regulations. Geographically, the Act extends to the entire Commonwealth of Australia, covering all states and territories. It is important to note that while the Act broadly applies to all entities within its scope, specific exemptions and thresholds may be detailed in subordinate legislation or regulations, which could provide additional clarity or relief to certain sectors or activities. The Act does not explicitly state exclusions but leaves room for such definitions through subsequent legislative instruments.

Key Provisions

The Aviation Transport Security Amendment Act 2018 (No. 136 of 2018) amends the Aviation Transport Security Act 2004, primarily enhancing security measures in the aviation sector. Key sections of this Act (sections 3 to 7) focus on improving the security of aircraft, passengers, and airport facilities. It introduces new requirements for security screening, identification checks, and the use of advanced imaging technology. The Act also mandates enhanced training for security personnel and requires airlines to implement rigorous security protocols. Under the Excise Tariff Amendment (Collecting Tobacco Duties at Manufacture) Act 2018 (No. 137 of 2018), the Excise Tariff Act 1921 is amended to introduce new duties on tobacco products manufactured in Australia. This Act (sections 4 to 6) imposes obligations on manufacturers to register with the Australian Taxation Office and pay applicable duties at the point of manufacture. Manufacturers must keep detailed records of production and duty payments, ensuring compliance with the new tax regime. The Maritime Legislation Amendment Act 2018 (No. 138 of 2018) introduces significant changes to maritime law, impacting the registration, operation, and safety of vessels. Sections 5 to 10 of the Act establish stricter requirements for vessel registration, including new documentation and verification processes. It also mandates enhanced safety standards and regular inspections to ensure compliance with maritime regulations. Offences under these Acts can result in significant penalties. For example, under the Aviation Transport Security Amendment Act 2018, failure to comply with security measures can lead to fines of up to $66,000 for individuals and $330,000 for corporations. Similarly, the Excise Tariff Amendment Act 2018 imposes penalties, including fines of up to $55,000 for individuals and $275,000 for corporations for non-compliance with tobacco duty requirements. The Maritime Legislation Amendment Act 2018 carries penalties, including fines of up to $11,000 for individuals and $55,000 for corporations for breaches of registration and safety regulations. These penalties underscore the importance of strict adherence to the legislative requirements.