Aviation Transport Security Amendment (2009 Measures No. 2) Act 2010

Overview

The Aviation Transport Security Amendment (2009 Measures No. 2) Act 2010 was enacted by the Parliament of Australia to amend the Aviation Transport Security Act 2004. The primary aim of this Act was to address specific measures related to the security of air transport, particularly focusing on the certification and handling of cargo. The Act came into force on 11 March 2010, with subsequent provisions taking effect on 11 September 2010. The legislative amendments introduced by this Act sought to refine and enhance the regulatory framework governing air cargo security, ensuring that the definitions and processes are more comprehensive and aligned with current security standards.

Scope and Application

The Aviation Transport Security Amendment (2009 Measures No. 2) Act 2010 amends the Aviation Transport Security Act 2004, extending its scope to include new definitions and procedural changes regarding the handling and certification of cargo transported by aircraft. This Act applies to regulated air cargo agents, accredited air cargo agents, and aircraft operators involved in the transport of cargo by aircraft, whether within Australia or internationally, as cargo is defined to include goods intended for transport by aircraft or regarded as likely to be transported by aircraft. The amendments ensure that these entities comply with updated regulatory requirements for examining, certifying, and clearing cargo, thus enhancing security measures within the aviation industry. The Act applies nationally and affects all entities involved in the transport of goods by aircraft, regardless of the location of the cargo's origin or destination, subject to the regulations set forth in the amended Act. The changes come into effect on dates specified in the Act, with certain provisions commencing on Royal Assent and others on a date to be fixed by proclamation, but no later than six months after Royal Assent.

Key Provisions

The Aviation Transport Security Amendment (2009 Measures No. 2) Act 2010 amends the Aviation Transport Security Act 2004. The Act primarily revises the definition of cargo in Section 9, expanding it to include goods that are either transported by aircraft, intended to be transported by aircraft, or regarded as reasonably likely to be transported by aircraft according to regulations (Section 1 of Schedule 1). It also modifies the definition of "certified" in the Act to include regulated air cargo agents, accredited air cargo agents, or aircraft operators as entities capable of certification (Section 2 of Schedule 1). The Act further outlines the circumstances under which cargo can be certified by different classes of agents or operators (Section 3 of Schedule 1) and updates the list of paragraphs that can be referenced for certification criteria (Section 4 of Schedule 1). The amended Act imposes several obligations on the parties it governs. Regulated air cargo agents, accredited air cargo agents, and aircraft operators must adhere to the new definitions and certification criteria outlined in the Act. These entities must ensure that any cargo they handle meets the updated criteria for certification and complies with the regulations set forth in the amended Act. The Act also requires that any existing transport security programs be amended to reflect the new definitions and certification criteria, ensuring consistency and compliance across the aviation industry. The Act does not explicitly state new offences, penalties, or consequences for breaches within its text. However, given that it amends existing legislation, any breach of the new provisions could result in enforcement actions under the original Aviation Transport Security Act 2004. This may include fines, imprisonment, or other penalties as stipulated in the original Act. The severity of these penalties would depend on the nature and extent of the breach, as well as any specific provisions in the original Act that address non-compliance.