Aviation Transport Security Amendment Act 2018

Administered by Department of Home Affairs

Legislation au C2018A00136 In force Act

Legislation content

 

 

 

 

 

 

Aviation Transport Security Amendment Act 2018

 

No. 136, 2018

 

 

 

 

 

An Act to amend the Aviation Transport Security Act 2004, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Aviation Transport Security Act 2004

 

 

 

Aviation Transport Security Amendment Act 2018

No. 136, 2018

 

 

 

An Act to amend the Aviation Transport Security Act 2004, and for related purposes

[Assented to 29 November 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Aviation Transport Security Amendment Act 2018.

2  Commencement

 (1) Each provision of this Act 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.  The whole of this Act

The day this Act receives the Royal Assent.

29 November 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 4 (paragraph relating to Part 2)

Omit “detail”, substitute “set out”.

2  Section 11

Omit:

The content and form of transport security programs is dealt with in Division 4.

The approval of transport security programs by the Secretary is dealt with in Division 5. That Division also deals with the variation and revision of programs, and with the cancellation of the approval of programs.

substitute:

An aviation industry participant may give the Secretary a transport security program for approval. The content and form of such programs is dealt with in Division 4. Division 5 deals with the approval, variation, revision, and cancellation of the approval of, such programs.

If the Secretary is satisfied that it is appropriate to do so, taking into account existing circumstances as they relate to aviation security, the Secretary may give a transport security program to an aviation industry participant. This is dealt with in Division 6. That Division also deals with the content, revision and cancellation of such programs.

3  Division 4 of Part 2 (at the end of the heading)

Add “given to the Secretary”.

4  Division 4 of Part 2 (after the heading)

Insert:

15A  Application of this Division

  This Division applies to a transport security program other than a transport security program given by the Secretary under Division 6.

5  Division 5 of Part 2 (at the end of the heading)

Add “given to the Secretary”.

6  Division 5 of Part 2 (after the heading)

Insert:

17A  Application of this Division

  This Division applies to a transport security program other than a transport security program given by the Secretary under Division 6.

7  At the end of Part 2

Add:

Division 6—Programs given by the Secretary

26B  Secretary may give participants a program

 (1) The Secretary may, by written notice, give a transport security program to an aviation industry participant referred to in subsection 12(1).

 (2) The notice must set out, or be accompanied by writing that sets out, the transport security program for the participant.

 (3) The Secretary may give a participant a transport security program under subsection (1) only if the Secretary is satisfied that it is appropriate to do so, taking into account existing circumstances as they relate to aviation security.

26C  Content of programs

 (1) A transport security program that is given to an aviation industry participant under section 26B must:

 (a) set out the minimum security requirements that the participant must comply with for the purposes of safeguarding against unlawful interference with aviation; and

 (b) deal with any other matter required to be dealt with in the program by regulations made for the purposes of subsection (2); and

 (c) be appropriate for the operations or locations covered by the program.

 (2) The regulations may prescribe other matters that are to be dealt with in one or more of the following:

 (a) each transport security program given under section 26B;

 (b) each transport security program for a particular kind of aviation industry participant given under section 26B;

 (c) each transport security program for a particular class of a particular kind of aviation industry participant given under section 26B.

 (3) A transport security program that is given to an aviation industry participant under section 26B may require the participant to have in place any of the following:

 (a) procedures to manage and coordinate aviation security activities within the participant’s operation;

 (b) procedures to coordinate the management of aviation security with other parties (including Commonwealth agencies) who have responsibilities for, or are connected with, aviation;

 (c) technology, equipment and procedures that will be used by the participant to maintain aviation security;

 (d) a plan for how the participant will respond to aviation security incidents;

 (e) practices and procedures to protect security compliance information.

26D  When a program is in force

When program comes into force

 (1) A transport security program given under section 26B comes into force at the time specified in the notice giving the program. The time specified must not be earlier than the time the notice is given.

Period in which program remains in force

 (2) The program remains in force until the earliest of the following times:

 (a) if the notice giving the program specifies a time at which the program ceases to be in force—that time;

 (b) if the program is replaced under section 26F—the time of replacement;

 (c) if the program is cancelled under section 26F, 26G or 26H—the time of cancellation.

26E  Relationship with Division 5

  If a transport security program given to an aviation industry participant under section 26B is in force, the participant must not give the Secretary another transport security program under Division 5 unless the Secretary has given the participant written permission to do so.

Note: The permission could be a permission under subsection 12(2).

26F  Secretary may revise or cancel inadequate programs

 (1) This section applies if:

 (a) a transport security program given to an aviation industry participant under section 26B (the existing program) is in force; and

 (b) the Secretary is no longer satisfied that the existing program is appropriate:

 (i) because there is a change in the circumstances that relate to aviation security; or

 (ii) because there is a change in circumstances that could impact on aviation security; or

 (iii) for some other reason.

 (2) The Secretary may:

 (a) give the participant another transport security program under section 26B (a revised program); or

 (b) by written notice to the participant, cancel the existing program.

 (3) If the Secretary gives the participant a revised program, the revised program replaces the existing program when it comes into force.

26G  Cancelling for failure to comply

 (1) If:

 (a) a transport security program given to an aviation industry participant under section 26B is in force; and

 (b) the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the program;

the Secretary may, by written notice given to the participant, cancel the program.

Note: For the demerit points system, see Division 5 of Part 8.

 (2) Before cancelling a program under subsection (1), the Secretary may, by written notice given to the participant, request the participant to show cause why the program should not be cancelled.

26H  Cancelling programs on request

 (1) An aviation industry participant may, in writing, request the Secretary to cancel a transport security program given to the participant under section 26B.

 (2) The request must set out reasons for making the request.

 (3) The Secretary may, by written notice given to the participant, cancel the program if the Secretary is satisfied that it is appropriate to do so, taking into account existing circumstances as they relate to aviation security.

 (4) If the Secretary is not so satisfied, the Secretary must:

 (a) refuse to cancel the program; and

 (b) give the participant written notice of the refusal.

 (5) If the Secretary does not cancel, or refuse to cancel, the program within the period of 60 days after the request was given, the Secretary is taken to have refused to cancel the program.

8  Subsection 125(1)

Repeal the subsection, substitute:

 (1) The regulations may establish a system (the demerit points system) under which, if an aviation industry participant accrues a prescribed number of demerit points:

 (a) the approval under Division 5 of Part 2 of a transport security program of the participant may be cancelled; or

 (b) a transport security program given to the participant under Division 6 of Part 2 may be cancelled.

Note: For cancellations referred to in paragraph (a), see section 26. For cancellations referred to in paragraph (b), see section 26G.

9  After paragraph 126(1)(d)

Insert:

 (da) to give a participant a transport security program under section 26B (including a revised transport security program as referred to in section 26F); or

 (db) to cancel a transport security program under section 26F or 26G; or

 (dc) to refuse to cancel a transport security program under section 26H; or

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 19 September 2018

Senate on 12 November 2018]

 

(192/18)

 

Overview

The Aviation Transport Security Amendment Act 2018 was enacted by the Parliament of Australia to address gaps and improve the existing regulatory framework concerning aviation security under the Aviation Transport Security Act 2004. This amendment act introduces significant changes to how transport security programs are managed and implemented within the aviation industry. Key modifications include the ability for the Secretary to provide transport security programs to aviation industry participants, setting out minimum security requirements and other necessary provisions. The act also introduces provisions for the Secretary to revise, cancel, or refuse to cancel these programs based on compliance and security considerations. The overarching policy objective is to enhance aviation security by ensuring that all participants adhere to stringent security standards and by providing the Secretary with greater control over the implementation and enforcement of these standards. The act was assented to on 29 November 2018, and its provisions commenced on the same day. It aims to streamline the process of developing and enforcing transport security programs, thereby improving the overall security environment in the aviation sector. By allowing the Secretary to directly provide and manage security programs, the act seeks to ensure that aviation industry participants are equipped to meet the evolving security challenges effectively.

Scope and Application

The Aviation Transport Security Amendment Act 2018 amends the Aviation Transport Security Act 2004 to introduce new provisions for the management of transport security programs within the aviation industry. This Act applies to aviation industry participants, which include operators of aircraft and persons responsible for managing the security of aviation operations. The Act operates at the Commonwealth level, governing aviation security across Australia in accordance with federal laws. The legislation introduces a mechanism whereby the Secretary can provide an aviation industry participant with a transport security program, detailing the minimum security requirements that must be met to safeguard against unlawful interference with aviation. This provision is detailed in the newly inserted Division 6 of Part 2. The Act also provides for the revision, cancellation, or refusal to cancel these programs based on compliance and changing circumstances related to aviation security. Exclusions or exemptions from these provisions are not explicitly stated within the text, but it is likely that certain small or specific operations might be exempt, pending further regulations or clarifications. The Act's application can be extended or restricted through subordinate instruments such as regulations, which may prescribe additional details or specific requirements for certain programs or categories of aviation industry participants.

Key Provisions

The Aviation Transport Security Amendment Act 2018 amends the Aviation Transport Security Act 2004 by introducing new provisions to the existing framework for aviation security programs. Under the amended Act, the Secretary of the Department of Transport has the authority to provide aviation industry participants with transport security programs (section 26B). These programs must outline the minimum security requirements necessary to safeguard against unlawful interference with aviation and address any other matters specified by regulations (section 26C). Such programs can also mandate the implementation of various procedures, technology, equipment, and plans related to aviation security within the participant’s operations (section 26C(3)). The amended Act outlines specific obligations for both the Secretary and the aviation industry participants. The Secretary has the responsibility to determine when it is appropriate to provide a transport security program to an aviation industry participant, taking into account existing circumstances related to aviation security (section 26B(3)). The aviation industry participants, on the other hand, must comply with the security requirements set out in the provided programs and must not submit another transport security program to the Secretary without explicit permission (section 26E). Additionally, the Secretary has the authority to revise or cancel a transport security program if the existing program is no longer deemed appropriate due to changes in circumstances or for other reasons (section 26F). The Act also establishes a demerit points system under which the approval of a transport security program or the cancellation of a program provided by the Secretary may occur if an aviation industry participant accumulates a prescribed number of demerit points (subsection 125(1)). Furthermore, there are provisions for the cancellation of transport security programs under specific conditions, including failure to comply with the program, accumulation of demerit points, or a request by the aviation industry participant (sections 26F and 26H). The Secretary has the discretion to refuse a cancellation request if they are not satisfied that it is appropriate to do so (section 26H(3)-(4)). Failure to adhere to the requirements and obligations under the amended Act may result in the cancellation of transport security programs, which could lead to significant security implications for aviation operations.

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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.