Aviation Transport Security Amendment (Cargo) Act 2015

Administered by Department of Home Affairs

Legislation au C2015A00165 In force Act

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Aviation Transport Security Amendment (Cargo) Act 2015

 

No. 165, 2015

 

 

 

 

 

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 (Cargo) Act 2015

No. 165, 2015

 

 

 

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

[Assented to 2 December 2015]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Aviation Transport Security Amendment (Cargo) Act 2015.

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

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

2 June 2016

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 9 (paragraphs (c) and (ca) of the definition of aviation industry participant)

Repeal the paragraphs, substitute:

 (c) a known consignor; or

 (ca) a regulated agent; or

2  Section 9

Insert:

known consignor means a person approved as a known consignor in accordance with regulations made under section 44C.

regulated agent means a regulated air cargo agent or an accredited air cargo agent.

3  Subsection 20(4)

Repeal the subsection.

4  Section 44A

Omit:

The regulations may provide for cargo to be examined by regulated air cargo agents, accredited air cargo agents and aircraft operators.

substitute:

The regulations may provide for cargo to be examined by known consignors, regulated agents and aircraft operators.

5  Section 44A

Omit:

 (d) requirements in relation to regulated air cargo agents, accredited air cargo agents and aircraft operators.

substitute:

 (d) requirements relating to known consignors, regulated agents and aircraft operators.

6  Subsections 44B(2) and (3)

Repeal the subsections, substitute:

 (2) Cargo receives clearance if:

 (a) after being examined, the cargo has been handled in accordance with regulations, made under section 44C, that deal with how cargo that has been examined is to be handled in order to receive clearance; or

 (b) the following subparagraphs are satisfied:

 (i) regulations made under section 44C provide, or the Secretary by written notice provides, that the cargo may receive clearance without being examined;

 (ii) the cargo has been handled in accordance with regulations, made under section 44C, that deal with how cargo that has not been examined is to be handled in order to receive clearance.

 (3) Cargo is cleared at a particular time if:

 (a) the cargo has received clearance; and

 (b) since receiving clearance, the cargo has at all times been handled in accordance with regulations, made under section 44C, that deal with how cargo is to be handled after receiving clearance in order to maintain its status as cleared.

7  After paragraph 44C(1)(a)

Insert:

 (aa) establish a scheme under which certain persons that carry on a business that includes handling, or making arrangements for transport, of cargo are approved as known consignors;

8  At the end of paragraph 44C(1)(b)

Add:

Note: Regulated air cargo agents are a kind of regulated agent: see the definition of regulated agent in section 9.

9  At the end of paragraph 44C(1)(c)

Add:

Note: Accredited air cargo agents are a kind of regulated agent: see the definition of regulated agent in section 9.

10  Subparagraph 44C(1)(d)(i)

Omit “all regulated air cargo agents, all accredited air cargo agents”, substitute “all known consignors, all regulated agents”.

11  Subparagraphs 44C(1)(d)(ii) and (iii)

Omit “regulated air cargo agents, accredited air cargo agents”, substitute “known consignors, regulated agents”.

12  Paragraph 44C(1)(e)

Repeal the paragraph.

13  Paragraph 44C(1)(f)

Omit “regulated air cargo agent, an accredited air cargo agent”, substitute “known consignor, a regulated agent”.

14  Subparagraph 44C(1)(g)(i)

Omit “all regulated air cargo agents or all accredited air cargo agents”, substitute “all known consignors or all regulated agents”.

15  Subparagraphs 44C(1)(g)(ii) and (iii)

Omit “regulated air cargo agents or accredited air cargo agents”, substitute “known consignors or regulated agents”.

16  Subparagraph 44C(2)(a)(i)

Omit “all regulated air cargo agents, all accredited air cargo agents”, substitute “all known consignors, all regulated agents”.

17  Subparagraphs 44C(2)(a)(ii) and (iii)

Omit “regulated air cargo agents, accredited air cargo agents”, substitute “known consignors, regulated agents”.

18  Subparagraph 44C(2)(g)(i)

Omit “all regulated air cargo agents, all accredited air cargo agents”, substitute “all known consignors, all regulated agents”.

19  Subparagraphs 44C(2)(g)(ii) and (iii)

Omit “regulated air cargo agents, accredited air cargo agents”, substitute “known consignors, regulated agents”.

20  After paragraph 44C(2)(g)

Insert:

 (ga) how cargo is to be handled (including methods, techniques or equipment to be used) in order to receive clearance;

 (gb) how cargo is to be handled (including methods, techniques or equipment to be used) after receiving clearance in order to maintain its status as cleared;

21  After paragraph 44C(2)(h)

Insert:

 (ha) the method for applying for approval as a known consignor and how such applications are dealt with;

22  Subsection 44C(3)

Omit “(d) or (g)”, substitute “(c), (d), (e), (f), (g), (ga), (gb) or (h)”.

23  After subsection 44C(3)

Insert:

 (3A) To avoid doubt, regulations or other legislative instruments dealing with the examination of cargo may provide for, or require, cargo to be opened, deconsolidated or unpacked (whether or not the owner of the cargo, or any other person, has consented).

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 17 September2015

Senate on 25 November2015]

(165/15)

 

Overview

The Aviation Transport Security Amendment (Cargo) Act 2015, enacted by the Parliament of Australia on 2 December 2015, serves as an amendment to the Aviation Transport Security Act 2004 to specifically address issues related to cargo security within the aviation industry. The act introduces changes to definitions, operational procedures, and regulatory requirements to enhance the security of air cargo. This legislative amendment aims to strengthen the security framework for air cargo by introducing the concept of known consignors and regulated agents, thereby replacing the previous categories of regulated and accredited air cargo agents. The act outlines provisions for the examination and handling of cargo, enabling cargo to be examined by known consignors, regulated agents, and aircraft operators. It further provides flexibility in the handling of cargo that has not been examined by setting out conditions under which such cargo may receive clearance. The policy objective is to ensure that cargo is handled in a manner that maintains its security status, thereby contributing to the overall security of air transport.

Scope and Application

The Aviation Transport Security Amendment (Cargo) Act 2015 amends the Aviation Transport Security Act 2004, which pertains to the security of civil aviation transport in Australia. This Act applies to persons and entities involved in the handling, transportation, or management of air cargo, including known consignors and regulated agents, which are now explicitly defined within the legislation. These entities must comply with the new provisions concerning the examination and clearance of cargo. The Act's geographic reach is national, applying across all jurisdictions within Australia and affecting the entire aviation industry. While the Act does not explicitly state exclusions, it is likely that certain types of cargo or specific circumstances may be addressed through subordinate regulations. The Act provides for its application to be extended or restricted through regulations made under section 44C, which include detailed provisions on the handling of cargo both before and after clearance, as well as the process for obtaining approval as a known consignor.

Key Provisions

The Aviation Transport Security Amendment (Cargo) Act 2015 makes several key amendments to the Aviation Transport Security Act 2004. Firstly, it redefines "aviation industry participant" in section 9 to include "known consignor" and "regulated agent" (section 1). A "known consignor" is someone approved as such under regulations made under section 44C, while a "regulated agent" can be either a regulated air cargo agent or an accredited air cargo agent (section 2). Furthermore, it removes the option for the Secretary to exempt aircraft operators from handling requirements in subsection 20(4) (section 3). It also amends sections 44A and 44C to replace references to "regulated air cargo agents" and "accredited air cargo agents" with "known consignors" and "regulated agents" (sections 4, 5, and 6). Finally, it adds new provisions allowing for the examination of cargo by known consignors, regulated agents, and aircraft operators (section 7). The Act imposes various obligations on the parties it governs. It requires the establishment of a scheme under which certain businesses that handle cargo can be approved as known consignors (section 7). It also mandates that cargo must either be examined and handled according to regulations made under section 44C, or be handled in accordance with regulations that allow for clearance without examination (section 6). Furthermore, it specifies the conditions under which cargo can be cleared and maintained as cleared (section 6). Finally, it allows for the creation of regulations that deal with the handling of cargo before and after clearance, as well as the method for applying for approval as a known consignor (sections 20 and 21). The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given that it amends the Aviation Transport Security Act 2004, it is reasonable to assume that breaches of the amended provisions could lead to penalties under that Act. Under the Aviation Transport Security Act 2004, penalties for non-compliance can include fines of up to $22,200 for individuals and $111,000 for corporations, as well as potential imprisonment terms. The exact penalties depend on the nature and severity of the breach.

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Aviation Law
Instrument
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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.