Aviation Transport Security Amendment Regulations 2005 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005L02343 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 198

 

 

Issued by the Authority of the Minister for Transport and Regional Services

 

Subject - Aviation Transport Security Act 2004

 

 Aviation Transport Security Amendment Regulations 2005 (No. 1)

 

Subsection 133(1) of the Aviation Transport Security Act 2004 (the Act) provides that the Governor-General may make regulations 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.

Subsection 12(c) of the Act provides that the regulations may prescribe the kind of aviation industry participants required to have a transport security program.

The Regulations will amend the Aviation Transport Security Regulations 2005 (the Principal Regulations) to:

  • omit division 2.5 relating to airside facility operators; and
  • omit subregulation 2.03(b) that defines an airside facility operator. 

The amendment to the Principal Regulations will remove obligations placed on aviation industry participants who occupy or control an area at a security controlled airport with direct airside access to have approved transport security programs in place from 1 September 2005.  This will apply to organisations with a permanent presence at the airside of the airport, either under lease or as a requirement for the operation of the airport.  These organisations will no longer be required to have their own transport security program and will instead continue to be covered by the transport security program of the security controlled airport.  This will remove an unwieldy process that was limited in its application and could possibly have produced inconsistent treatment of risk within the boundaries of an airport.

There has been broad consultation with the aviation industry since the aviation transport security legislation came into effect on 10 March 2005.  This ranges from the smallest security controlled airports to the largest airport operators and airport facility operators.  The forums include Industry Consultation Meetings for large industry participants, Regional Industry Consultation Meetings for small to medium sized industry participants, meetings of all general aviation airports that are classified as security controlled airports and meetings of airports that have a security screening function but do not have a counter-terrorist first response obligation at the airport.  There has been universal support for the removal of Division 2.5.  There is ongoing consultation on alternative security treatments at airports that will more effectively raise awareness for all those with authorised access to airports.

The details of the Regulations are set out in the Attachment.

 

2

The Regulations will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations will commence on 31 August 2005.

There are no conditions that need to be met before the power to make the Regulations may be exercised.

 


3

 

ATTACHMENT

 

Details of the proposed Aviation Transport Security Amendment Regulations 2005 (No. 1 )

 

Regulation 1 – Name of Regulations

Regulation 1 provides that the name of the Regulations is the Aviation Transport Security Amendment Regulations 2005 (No. 1 ).

Regulation 2 – Commencement

Regulation 2 provides that the proposed Regulations will commence on 31 August 2005.

Regulation 3 – Amendment of Aviation Transport Security Regulations 2005

Regulation 3 provides that Schedule 1 to the Regulations amends the Aviation Transport Security Regulations 2005.

Schedule 1 - Amendments

Item [1] – Paragraph 2.03(b)

This item will amend Regulation 2.03 by omitting paragraph (b).  The amendment will remove aviation industry participants that occupy or control an area at a security controlled airport with direct access to the airside of the airport from being prescribed for the purposes of paragraph 12(c) of the Aviation Transport Security Act 2004.  These aviation industry participants will not be required to have a Transport Security Program.

Item [2] – Division 2.5

This item will omit Division 2.5 entirely.  The amendment removes requirements for transport security programs for airside facility operators.  This amendment is consistent with the removal of the definition of airside facility operator in Paragraph 2.03(b).

 

Overview

The Aviation Transport Security Amendment Regulations 2005 (No. 1) were enacted to amend the existing framework established by the Aviation Transport Security Act 2004, aiming to address inefficiencies and potential inconsistencies in the regulatory requirements for aviation industry participants at security-controlled airports. This legislation was introduced by the Australian Parliament to refine and streamline the security protocols applicable to various entities operating within the airside of an airport. The policy objective was to simplify the regulatory burden on specific aviation industry participants by aligning their security obligations more closely with those of the primary airport operators, thereby ensuring a more uniform and effective approach to aviation security. The Minister for Transport and Regional Services issued these regulations to reflect the outcomes of extensive consultations with the aviation industry, which had consistently supported the removal of the previous requirements for certain entities to maintain their own transport security programs. Instead, these entities would be covered under the overarching security program of the airport they operate within, thus promoting a cohesive security framework across all authorised airport access points.

Scope and Application

The Aviation Transport Security Amendment Regulations 2005 (No. 1) amends the Aviation Transport Security Regulations 2005 to adjust the requirements for transport security programs within the aviation industry. These amendments apply to entities that occupy or control areas at security controlled airports with direct airside access, effectively removing their obligation to maintain separate transport security programs. Instead, these entities will be covered under the overarching transport security program of the airport they operate within. The amendment applies to organisations with a permanent presence at the airport's airside, either through lease agreements or as part of the operational requirements of the airport. The changes are set to take effect from 31 August 2005 and follow extensive consultations with various stakeholders in the aviation industry, from small to large airport operators and facility managers, indicating broad support for the streamlined approach to security management at airports. The amendments reflect a shift towards more cohesive security protocols that aim to prevent inconsistent risk treatment within airport boundaries.

Key Provisions

The key provisions of the Aviation Transport Security Amendment Regulations 2005 (No. 1) are set out in Regulation 3, which amends the existing Aviation Transport Security Regulations 2005 (paragraphs 2.03(b) and Division 2.5). These amendments remove the requirement for certain aviation industry participants to have their own transport security programs, instead incorporating them under the overarching security program of the security controlled airport they occupy. This change aims to streamline the regulatory environment and ensure more consistent security measures across airport operations. The Regulations impose specific obligations on aviation industry participants who occupy or control areas at security controlled airports with direct airside access. Effective from 1 September 2005, these participants will no longer need to develop and maintain individual transport security programs. Instead, they will be covered under the airport's security program, which must meet the standards set by the Aviation Transport Security Act 2004. This shift is intended to alleviate the burden on smaller entities and create a more unified approach to airport security. Breaches of the amended Regulations could have significant consequences. While specific penalties are not outlined in the explanatory statement, non-compliance with the Act’s requirements generally could lead to enforcement actions under the Aviation Transport Security Act 2004. This might include fines or other legal actions to ensure adherence to the prescribed security measures. The maximum penalties for non-compliance with the Act can be substantial, reflecting the critical importance of maintaining stringent security standards in the aviation sector.

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Repeal & Amendment
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