EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 5
Subject – Aviation Transport Security Act 2004
Aviation Transport Security Amendment Regulation 2012 (No. 1)
The Aviation Transport Security Act 2004 (the Act) establishes a regulatory framework to protect the security of civil aviation in Australia.
Section 133 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
The Government announced as part of the Mid Year Economic and Fiscal Outlook 2011-12, the withdrawal of Australian Federal Police resources from Alice Springs Airport.
The decision is in line with the Government’s aviation security objective of a layered and proportionate response to threats and aligning resources against threat profile. The decision also reflects the fact that Alice Springs Airport does not receive any international flights and its total passenger figures are substantially less than other major airports.
The Northern Territory Police will continue to have jurisdiction at Alice Springs Airport.
To give effect to the Government’s decision, the Principal Regulations are amended to alter the definition of designated airport contained at regulation 1.03. Alice Springs Airport will be omitted from the definition. This would mean that Alice Springs Airport would no longer require a counter-terrorist first response function.
The regulation amendment does not engage any of the applicable rights or freedoms.
Details of the amendment to the Regulations are set out in Attachment A.
The Act does not impose any conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.
The amendment contained in the Aviation Transport Security Amendment Regulation 2012 (No. 1) would commence upon registration.
The Department of Infrastructure and Transport consulted with the key stakeholders, Northern Territory Airports the owners of Alice Springs Airport and the Australian Federal Police. Stakeholders were given the opportunity to provide input into the development of the amending Regulation on 9 January 2012.
ATTACHMENT A
Details of the proposed Aviation Transport Security Regulation 2012 (No. 1)
Regulation 1 – Name of Regulation
This regulation provides that the title of the Regulations is the Aviation Transport Security Amendment Regulation 2012 (No. 1).
Regulation 2 – Commencement
This regulation provides that the Regulations commence on the day after it is registered.
Regulation 3 – Amendment of Aviation Transport Security Regulations 2005
This regulation provides that the Principal Regulations are amended as set out in Schedule 1.
Schedule 1 – Amendments
[1] Regulation 1.03, definition of designated airport
This item omits Alice Springs Airport from the definition of designated airport. The term identifies those airports which need to enter into an agreement with a counter-terrorist first response service provider at regulation 3.29.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aviation Transport Security Amendment Regulation 2012 (No. 1)
This Bill/Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill/Legislative Instrument
This amendment regulation alters the definition of designated airport contained in the Aviation Transport Security Regulations 2005 at regulation 1.03. Alice Springs Airport is omitted from the definition.
This amendment regulation puts into effect a decision of the Government, announced as part of the Mid Year Economic and Fiscal Outlook 2011-12, to withdraw Australian Federal Police resources from Alice Springs Airport.
The decision to remove these resources is in line with the Government’s aviation security objective of a layered and proportionate response to threats and aligning resources against threat profile. The decision also reflects the fact that Alice Springs Airport does not receive any international flights and its total passenger figures are substantially less than other major airports.
The amendment regulation means that Alice Springs Airport no longer requires a counter-terrorist first response function; however, the Northern Territory Police will continue to have jurisdiction at Alice Springs Airport.
Human rights implications
This Bill/Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Bill/Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
[Insert name and title of the promoter of the Bill or the rule-maker of the Legislative Instrument]