Aviation Legislation Amendment (2008 Measures No. 1) Act 2008

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Legislation au C2008A00086 In force Act

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Aviation Legislation Amendment (2008 Measures No. 1) Act 2008

 

No. 86, 2008

 

 

 

 

 

An Act to amend legislation relating to aviation, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Aviation Transport Security Act 2004

Civil Aviation Act 1988

 

 

 

Aviation Legislation Amendment (2008 Measures No. 1) Act 2008

No. 86, 2008

 

 

 

An Act to amend legislation relating to aviation, and for related purposes

[Assented to 20 September 2008]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Aviation Legislation Amendment (2008 Measures No. 1) Act 2008.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Aviation Transport Security Act 2004

1  Section 9

Insert:

airline has the meaning given by subsection 134(2).

2  Section 9

Insert:

Australian international carriage has the meaning given by subsection 134(2).

3  Section 9

Insert:

Australian operator has the meaning given by subsection 134(2).

4  Section 9

Insert:

bilateral arrangement has the meaning given by subsection 134(2).

5  Section 9

Insert:

foreign country has the meaning given by subsection 134(2).

6  At the end of subsection 133(1)

Add:

Note: See section 134 for the extra‑territorial operation of regulations.

7  At the end of the Act

Add:

134  Extra‑territorial operation of regulations

 (1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following:

 (a) Australian aircraft;

 (b) aircraft (other than Australian aircraft) engaged in Australian international carriage;

 (c) passengers on board, and members of the crew of, aircraft referred to in paragraph (a) or (b);

while the aircraft are outside Australian territory.

 (2) In this Act:

airline means a person engaged in the provision of air services.

Australian international carriage means the carriage of passengers or freight, or both passengers and freight, whether within or outside Australian territory, by an aircraft that:

 (a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or

 (b) is operated by an airline incorporated in Australia; or

 (c) is operated by an airline having its principal place of business in Australia; or

 (d) is operated by an Australian operator and is subject to section 15A or 17 of the Air Navigation Act 1920; or

 (e) is operated jointly by:

 (i) an airline referred to in paragraph (a), (b) or (c); and

 (ii) another person;

  but is under the control of the airline referred to in subparagraph (i) of this paragraph; or

 (f) is subject to section 15A or 17 of the Air Navigation Act 1920 and is operated jointly by:

 (i) an Australian operator; and

 (ii) another person;

  but is under the control of the Australian operator.

Australian operator means an aircraft operator who:

 (a) if the operator is an individual:

 (i) is an Australian citizen; or

 (ii) is ordinarily resident in Australia; or

 (b) if the operator is a body corporate:

 (i) is incorporated in Australia; or

 (ii) has its principal place of business in Australia.

bilateral arrangement means an agreement or arrangement between:

 (a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and

 (b) a foreign country;

under which the carriage by air of passengers or freight, or both passengers and freight, between Australia and the foreign country is permitted.

foreign country includes any region:

 (a) that is part of a foreign country; or

 (b) that is under the protection of a foreign country; or

 (c) for whose international relations a foreign country is responsible.

 (3) For the purposes of this section:

 (a) an aircraft is taken to be subject to section 15A of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(c) of that Act; and

 (b) an aircraft is taken to be subject to section 17 of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(d) of that Act.

Civil Aviation Act 1988

8  After paragraph 23(1)(a)

Insert:

 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage of those goods; or

9  After paragraph 23(2)(a)

Insert:

 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

10  After paragraph 23(2A)(a)

Insert:

 (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 26 June 2008

Senate on 28 August 2008]

(142/08)

 

Overview

The Aviation Legislation Amendment (2008 Measures No. 1) Act 2008 was enacted by the Parliament of Australia to amend existing legislation related to aviation, particularly addressing the security aspects as well as the carriage of goods in accordance with specific regulations. This Act was designed to enhance the regulatory framework governing aviation activities, ensuring that they align with both national and international security standards. The policy objective behind this Act is to strengthen the legislative provisions to safeguard against threats to aviation security and to provide clearer guidelines for the carriage of goods under the Aviation Transport Security Regulations 2005. This Act makes amendments to the Aviation Transport Security Act 2004 by introducing new definitions and clarifying the extra-territorial application of regulations. It also amends the Civil Aviation Act 1988 to specify that the carriage of goods must comply with the Aviation Transport Security Regulations 2005, including any conditions that the regulations impose on such carriage. The overall aim is to create a more robust legislative environment that supports the safe and secure operation of aviation activities within and outside Australian territory.

Scope and Application

The Aviation Legislation Amendment (2008 Measures No. 1) Act 2008 amends the Aviation Transport Security Act 2004 and the Civil Aviation Act 1988, targeting entities and individuals involved in the aviation industry. This includes airlines and aircraft operators, particularly those engaged in Australian international carriage, meaning the carriage of passengers or freight by aircraft that meet specific criteria such as being operated by airlines authorised by Australia under bilateral arrangements, or airlines incorporated or having their principal place of business in Australia. The Act extends its application to aircraft outside Australian territory, provided they fall within the specified categories. Notably, the Act allows for the extra-territorial operation of regulations through its provisions, which can apply to Australian aircraft, certain foreign aircraft engaged in Australian international carriage, and their passengers and crew when outside Australian territory. The amendments also introduce definitions for terms such as 'airline', 'Australian international carriage', 'Australian operator', 'bilateral arrangement', and 'foreign country', which are crucial for interpreting and applying the Act's provisions. The Act does not explicitly state any exclusions or exemptions, but its application can be further refined through subordinate instruments, which may provide additional details and specific conditions for enforcement.

Key Provisions

The Aviation Legislation Amendment (2008 Measures No. 1) Act 2008 amends two key pieces of Australian legislation: the Aviation Transport Security Act 2004 and the Civil Aviation Act 1988. Section 1 of the Act provides the short title and establishes that it may be cited as the Aviation Legislation Amendment (2008 Measures No. 1) Act 2008. Section 2 states that the Act commences on the day it receives Royal Assent. The amendments are detailed in Schedule 1, which specifies the changes to be made to the named Acts. Section 9 of the Aviation Transport Security Act 2004 is amended by inserting definitions for terms such as 'airline', 'Australian international carriage', 'Australian operator', 'bilateral arrangement', and 'foreign country'. This provides clarity on the scope of the Act's extra-territorial operation, which is further detailed in section 134. According to this section, the regulations can apply to Australian aircraft and aircraft engaged in Australian international carriage, along with their passengers and crew, while they are outside Australian territory. The Act imposes obligations on airlines and operators to comply with the regulations concerning the carriage of goods and passengers. Specifically, under section 23 of the Civil Aviation Act 1988, the carriage of dangerous goods must be in accordance with the Aviation Transport Security Regulations 2005, including any conditions that permit such carriage. This requirement is inserted after the existing criteria for dangerous goods carriage, ensuring that all parties adhere to the stringent security measures set out in the regulations. Breach of the regulations may result in significant consequences. While the Act does not explicitly state the penalties for non-compliance, breaches of aviation security regulations are generally subject to substantial fines and potential imprisonment. Under the Civil Aviation Act 1988, penalties for non-compliance can include fines up to $11,100 for individuals and $55,500 for bodies corporate, along with potential imprisonment terms. These penalties reflect the seriousness of ensuring aviation security and the potential risks posed by non-compliance.

Legal classification tags

Area of Law
Aviation Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Extraterritorial Application

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.