Aviation Transport Security Amendment Regulation 2012 (No. 4)

Overview

The Aviation Transport Security Amendment Regulation 2012 (No. 4) was issued by the Minister for Infrastructure and Transport to amend the Aviation Transport Security Regulations 2005. This regulation addresses the need to further support the implementation of the airport security classification system, ensuring that the security measures applied at airports are proportionate to their operating environments and threat and risk profiles. The primary objective is to maintain the integrity of cleared areas at higher categorised security controlled airports and to ensure that people disembarking at these airports are treated according to the type of screening they have undergone. The regulation also clarifies the circumstances under which persons may be cleared before boarding screened air services, ensuring that the appropriate level of screening is applied based on the category of the airport. Consultation with industry and other stakeholders was conducted as part of the broader airport security classification system policy, involving an industry-government working group and the Regional Industry Consultative Meeting hosted by the Department of Infrastructure and Transport. This regulation amends the Principal Regulations to reflect the different levels of security screening applied at airports across Australia and ensures that the integrity of cleared areas at higher categorised security controlled airports is maintained. The regulation also allows people on screened air services where all passengers received clearance at a category 1 to 4 airport to disembark into a cleared area at any airport and ensures that passengers on screened air services where some or all passengers received clearance at a category 5 airport receive clearance again before entering cleared areas at category 1 to 4 airports.

Scope and Application

The Aviation Transport Security Act 2004, as amended by the Aviation Transport Security Amendment Regulation 2012 (No. 4), provides a comprehensive regulatory framework designed to protect against unlawful interference with aviation. This legislation applies to various aviation industry participants, including airlines, airports, and aviation security officers, and encompasses a range of conduct and transactions associated with aviation security measures. The geographic reach of the Act is national, as it applies across Australia, reflecting the federal nature of aviation security regulation in the country. The Regulation, made under section 133 of the Act, serves to enhance the implementation of the airport security classification system by ensuring that different levels of security screening at airports are properly managed. This includes specific provisions for the treatment of passengers based on the category of the airport where they received clearance and the circumstances under which they may be required to be cleared again. Notably, the Regulation clarifies exceptions for individuals who are subject to a written notice issued by the Secretary of the Department of Infrastructure and Transport or regulations made under the Act, allowing them to board screened air services without being screened. The Regulation is effective in maintaining the integrity of cleared areas at higher-risk airports while providing flexibility in the application of security measures across different categories of airports.

Key Provisions

The Aviation Transport Security Amendment Regulation 2012 (No. 4) amends the Aviation Transport Security Regulations 2005 to support the implementation of the airport security classification system. Section 3.20(3)(e) is amended to ensure that an aviation industry participant is not committing an offence by allowing a person who receives clearance under subregulation 4.09(3) to enter a sterile area other than through a screening point (Item [1]). The new regulation 4.08 requires that persons must be cleared before boarding screened air services, removing the word 'screened' to reflect that a person may be cleared after receiving clearance without being screened (Item [2]). Regulation 4.09 is also substituted to prescribe that a person must receive clearance before entering a sterile area or enhanced inspection area, but allows for persons disembarking from certain screened air services to receive clearance without being screened. Specifically, where all persons on board an aircraft receive clearance at a category 1 to 4 airport before boarding, they are able to disembark into a sterile area or enhanced inspection area at any airport without being screened again. Where all persons on board an aircraft received clearance at a category 1 to 5 airport, they only receive clearance to disembark into a sterile area or enhanced inspection area without being screened at category 5 airports (Item [2]). The Amendment Regulation imposes several obligations on parties and entities governed by the Act. Aviation industry participants responsible for sterile areas must ensure that persons who receive clearance under subregulation 4.09(3) enter the sterile area other than through a screening point, unless they are subject to screening requirements (Item [1]). Furthermore, individuals must be cleared before boarding screened air services, and before entering sterile or enhanced inspection areas, unless they have received clearance under certain conditions (Items [2]). This includes the requirement for individuals who have received clearance at a category 1 to 4 airport to be cleared again before entering a sterile area at a category 1 to 4 airport, if they were subject to different screening requirements at the original airport. Failure to comply with the requirements of the Amendment Regulation may result in offences and penalties. Under the Aviation Transport Security Act 2004, a person who contravenes a regulation made under the Act commits an offence and is liable to a fine or imprisonment. The maximum penalties for offences under the Act are set out in section 134, which provides for penalties of up to 10,000 penalty units or imprisonment for up to five years, or both, for serious offences, and up to 2,000 penalty units or imprisonment for up to two years, or both, for less serious offences. The Aviation Transport Security Amendment Regulation 2012 (No. 4) does not specify any particular penalties for non-compliance with its provisions, but it is subject to the general penalties provisions of the Act.