EXPLANATORY STATEMENT
Statutory Rules 1989 No. 400
Issued by Authority of the Minister for Transport and Communications
Air Navigation Act 1920
Air Navigation Regulations (Amendment)
Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Australian Protective Service (APS) is to take over the counter-terrorist policing function at major Australian aerodromes from the Australian Federal Police (AFP). Currently the AFP officers at those aerodromes help to deter unlawful acts involving aircraft and provide an initial response to any such acts. This role will be progressively assumed by the APS from 1 January 1990. As well as taking over the counter-terrorist policing function at the 9 aerodromes where that function is currently performed by the AFP, APS officers will be assigned to a further 14 aerodromes. The presence of uniformed officers at a larger number of aerodromes is part of a general upgrading of aviation security arrangements in Australia in line with worldwide concerns.
The purpose of the amendment to the Air Navigation Regulations is to provide that authorised officers of the Department and APS officers, while on duty, should have access to all parts of designated airports. Aerodromes which are to be designated airports are to be specified by the Secretary by notice in the Gazette.
Details of the amending Regulations, which are expressed to commence on 1 January 1990, are in the Attachment.
ATTACHMENT
Air Navigation Regulations (Amendment)
Regulation 1: | Provides that the amending Regulations are to commence on 1 January 1990, the date on which the transfer of the uniformed policing function at aerodromes to the APS is to begin. |
Regulation 2: | Provides that, in the amending Regulations, the term “Principal Regulations” means the Air Navigation Regulations. |
Regulation 3: | Provides for the insertion of definitions of “designated airport” and “protective service officer” into the Principal Regulations. |
Regulation 4: | Inserts a new heading into Part XVIA of the Principal Regulations so that the existing provisions of that Part will be identified as a separate Division 1 relating to “Aviation Security and International Air Services”. The new provisions relating to entry of authorised persons and APS officers onto airports are a separate Division 2 in Part XVIA. |
Regulation 5: | Inserts new Division 2, called “Aviation Security - General” into Part XVIA of the Principal Regulations. Division 2 is made up of proposed new regulations 309 to 311D. |
| New regulation 309 provides for aerodromes to be specified as designated airports by the Secretary. |
| New regulation 310 provides authority for an APS officer to enter and to remain on a designated airport while exercising powers or performing functions under the Australian Protective Service Act 1987. |
| New regulation 311 provides that the Secretary may appoint an officer of the Department to be an authorised officer for purposes of new Division 2. The Secretary is required to issue each authorised officer with an identity card which shows a recent photograph of the person and which states that the holder is an authorised officer for the purposes of Division 2. |
| New regulation 311A provides that a person who stops being an authorised officer must return his or her identity card to the Secretary. A fine of $100 is provided for breach of this provision. |
| New regulation 311B provides that an authorised officer is not entitled to exercise powers under Division 2 in relation to a person unless the authorised officer has first produced his or her identity card for inspection by that person. |
| New regulation 311C provides authority for an authorised officer to enter and remain on a designated airport for the purpose of ensuring that aviation is safeguarded against unlawful interference. Such an officer may inspect buildings and equipment, observe operating procedures in relation to aircraft operations carried out at the airport and observe measures taken by operators of aircraft or occupiers of the airport. |
Overview
The Air Navigation Regulations (Amendment) Statutory Rules 1989 No. 400, issued under the authority of the Minister for Transport and Communications, was enacted to address the transition of counter-terrorist policing functions at major Australian aerodromes from the Australian Federal Police to the Australian Protective Service. The Air Navigation Act 1920 established the framework for air navigation in Australia, allowing for the creation of regulations to implement and facilitate its provisions. As part of an overall enhancement of aviation security measures in response to global concerns, these regulations were introduced to ensure that authorised officers of the Department and Australian Protective Service officers have access to all parts of designated airports while on duty. This amendment effectively assigns the APS officers to a total of 23 aerodromes, marking a significant shift in the policing landscape of Australian airports.
The policy objective of these amendments is to bolster aviation security by increasing the presence of protective service officers at a broader range of aerodromes. By specifying that the Secretary can designate certain aerodromes as "designated airports" and by authorising the appointment of authorised officers, the regulations aim to facilitate a seamless transition and enhanced security measures. The regulations also impose requirements for authorised officers to carry identification and present it when exercising their powers, thereby maintaining accountability and transparency in their operations.
Scope and Application
The Air Navigation Regulations (Amendment) under the Air Navigation Act 1920 pertain to the transfer of counter-terrorist policing functions at major Australian aerodromes from the Australian Federal Police to the Australian Protective Service, effective from 1 January 1990. This change is intended to enhance aviation security arrangements in line with global concerns. The amendment allows authorised officers of the Department and Australian Protective Service officers to access all parts of designated airports while on duty, which are to be specified by the Secretary through a notice in the Gazette. The amendment introduces new definitions, such as "designated airport" and "protective service officer," and includes a new Division 2 titled "Aviation Security - General" that outlines the roles and powers of authorised officers and Australian Protective Service officers at these aerodromes. The regulations also specify the procedures for authorising officers, including the issuance of identity cards and the requirement for officers to present these cards when exercising their powers. This legislative amendment extends the application of the Air Navigation Regulations to encompass the enhanced security roles and access rights of the Australian Protective Service officers in designated airports across Australia.
Key Provisions
The primary sections of the Air Navigation Regulations (Amendment) pertain to the new provisions added to Part XVIA, specifically under Division 2 titled "Aviation Security - General". Regulation 309 allows the Secretary to designate certain aerodromes as designated airports, which will be specified in a notice in the Gazette. Regulation 310 authorises officers of the Australian Protective Service (APS) to enter and remain on these designated airports while exercising their powers or performing their functions under the Australian Protective Service Act 1987. Regulation 311 enables the Secretary to appoint officers of the Department as authorised officers for the purposes of this Division, with each authorised officer receiving an identity card that must be produced when exercising powers under Division 2.
The Air Navigation Regulations (Amendment) impose certain obligations and requirements on the parties it governs. The Secretary is tasked with the responsibility of designating specific aerodromes as designated airports (Regulation 309) and appointing officers of the Department as authorised officers (Regulation 311). Authorised officers must ensure that they carry their identity card at all times and produce it when exercising their powers under the new Division 2 (Regulation 311B). Additionally, any former authorised officer must return their identity card to the Secretary (Regulation 311A).
The Air Navigation Regulations (Amendment) also outline the potential consequences for breach of its provisions. Notably, Regulation 311A stipulates that a person who fails to return their identity card upon ceasing to be an authorised officer is liable to a fine of $100. This financial penalty serves as a deterrent against non-compliance with the administrative requirements set forth in the Regulations.