Aviation Transport Security Amendment Regulations 2005 (No. 3)

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Aviation Transport Security Amendment Regulations 2005 (No. 3)

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 223

 

Issued by Authority of the Minister for Transport and Regional Services

Subject: Aviation Transport Security Act 2004  

  Aviation Transport Security Amendment Regulations 2005 (No. 3)

The Aviation Transport Security Act 2004 (the Act) regulates certain parts of the aviation industry with the object of enhancing security for aircraft operators and therefore, for travellers.  Subsection 133(1) of 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.

 

The Aviation Transport Security Regulations 2005 (the Principal Regulations) prescribe matters necessary or convenient for carrying out or giving effect to the Act. 

 

The purpose of the amendment Regulations is to amend the Principal Regulations to clarify two omissions. 

 

The first drafting change would allow for the authorised consignment of explosives or explosive devices.  Paragraph 2.61 (b) provides that it is illegal to consign as cargo, an explosive or explosive device.  This item qualifies this prohibition by allowing that explosives may be consigned as cargo, if the consignment is authorised.   This action means that the consignment is done in accordance with requirements relating to dangerous goods under the Civil Aviation Act 1988. 

 

Section 23 of the Civil Aviation Act 1988 permits dangerous goods (defined as including explosive substances) to be carried on aircraft in accordance with permission and under conditions given under the power of the Civil Aviation Act 1988.  The amendment brings this regulation into line with the requirements in the Civil Aviation Act 1988.

 

The second drafting change would clarify that the rules on screening international transit passengers only apply to inbound flights.  The rules would not apply to outbound flights, as those flights have been subject to recognised security measures to an Australian standard.  The requirement to screen inbound passengers would be clarified so that it can only apply at the first stop in Australia and the heading to the regulation would also be amended. 

 

Details of the proposed Regulations are set out in the Attachment. 

 

The Act specifies no conditions that need to be satisfied before the power to make the  Regulations may be exercised.  The Regulations would be a legislative instrument for the purpose of the Legislative Instruments Act 2003.  The Regulations commenced on the day after they were registered in the Federal Register of Legislative Instruments. 

 

 

 

         ATTACHMENT

 

Details of the proposed Aviation Transport Security Amendment Regulations 2005 (No. 3)

Regulation 1 – Name of Regulations

This regulation provides that the title of the Regulations is the Aviation Transport Security Amendment Regulations 2005 (No. 3)

Regulation 2 – Commencement

This regulation provides for the Regulations to commence on the day after they are registered.

Regulation 3 – Amendment of the Aviation Transport Security Regulations 2005

This regulation provides that the Aviation Transport Security Regulations 2005 (“the Principal Regulations”) are amended as set out in the Schedule.

 

Schedule – Amendments

 

Item [1] – paragraph 2.61(b)

 

Paragraph 2.61 (b) provides that it is illegal to consign as cargo, an explosive or explosive device.  This item qualifies this prohibition by allowing that explosives may be consigned as cargo, if the consignment is authorised.   This action means that the consignment is done in accordance with requirements relating to dangerous goods under the Civil Aviation Act 1988. 

 

Section 23 of the Civil Aviation Act 1988 permits dangerous goods (defined as including explosive substances) to be carried on aircraft in accordance with permission and under conditions given under the power of the Civil Aviation Act 1988. 

 

The amendment brings this regulation into line with the requirements in the Civil Aviation Act 1988.

 

Item [2] – regulation 4.13, heading

 

This item amends the heading to the regulation.

 

Item [3] – Subregulation 4.13(1)

 

Regulation 4.13 sets out rules that apply to some international flights.  These rules were only intended to apply to inbound flights.  The amendment would clarify the regulation to say so. 

 

Item [4] – paragraph 4.13(1)(b)

 

As amended by Item [3] above, regulation 4.13 would set out rules that will apply to inbound international flights.  It is possible that some inbound flights may land at several Australian cities before concluding the flight.  For example, a flight may land in Cairns, Brisbane and conclude in Sydney.  There are requirements to screen passengers who remain on the flight at Cairns, but there is no need to screen those passengers again at Brisbane.  Thus this paragraph would be amended to show that inbound passengers need only be screened at the first Australian airport at which the flight lands.   

 

 

 

 

Overview

The Aviation Transport Security Amendment Regulations 2005 (No. 3) were introduced to amend the existing Aviation Transport Security Regulations 2005, which themselves implement the Aviation Transport Security Act 2004. The primary objective of the Act is to enhance security for aircraft operators and, by extension, for travellers. The 2005 Amendment Regulations were issued under the authority of the Minister for Transport and Regional Services and were designed to address specific omissions and ambiguities within the Principal Regulations. The first amendment pertains to the authorised consignment of explosives, aligning the regulations with the Civil Aviation Act 1988. The second amendment clarifies that screening requirements for international transit passengers only apply to inbound flights, ensuring that these measures are appropriately targeted and not redundantly applied. These amendments aim to ensure that the regulatory framework remains consistent with other aviation safety legislation and effectively targets security measures where they are most needed.

Scope and Application

The Aviation Transport Security Amendment Regulations 2005 (No. 3) amends the Aviation Transport Security Regulations 2005 to enhance clarity and align with other legislative requirements within the aviation industry. These amendments apply to entities and persons involved in the consignment of explosives or explosive devices as cargo and to the screening of international transit passengers. The regulations seek to ensure that these activities are conducted in compliance with the Civil Aviation Act 1988, which governs the carriage of dangerous goods, including explosives, on aircraft. This regulation operates on a national level, affecting all entities within Australia that engage in activities related to the transport of explosives and the screening of passengers on international flights. The amendment to paragraph 2.61(b) allows for the authorised consignment of explosives as cargo, ensuring consistency with the Civil Aviation Act 1988, while regulation 4.13 is clarified to specify that screening rules for international transit passengers apply only to inbound flights at the first Australian airport of arrival. There are no exclusions or thresholds specified in these regulations, which are made under the authority of the Minister for Transport and Regional Services.

Key Provisions

The Aviation Transport Security Amendment Regulations 2005 (No. 3) amend the Aviation Transport Security Regulations 2005 to clarify two significant aspects of the legislation. The first amendment, detailed in Item [1] of the Schedule, modifies paragraph 2.61(b) to permit the consignment of explosives or explosive devices as cargo, provided that the consignment is authorized in accordance with the dangerous goods requirements under the Civil Aviation Act 1988. This change ensures that the regulation aligns with the provisions of the Civil Aviation Act 1988, which allows for the carriage of dangerous goods, including explosives, subject to certain permissions and conditions. The second amendment, detailed in Items [2], [3], and [4] of the Schedule, focuses on clarifying the application of screening rules for international transit passengers. Regulation 4.13, as amended, specifies that the screening rules are intended to apply only to inbound international flights. This clarification is essential to avoid the unnecessary re-screening of passengers on flights that may have multiple stops within Australia. The amendment ensures that screening is required only at the first Australian airport where the flight lands, thus streamlining security measures while maintaining the required level of security for inbound passengers. The Regulations impose specific obligations on parties involved in the aviation industry. Air operators, cargo handlers, and other relevant entities must ensure that any consignment of explosives is authorized in accordance with the Civil Aviation Act 1988. Additionally, these entities must adhere to the screening requirements for international transit passengers, ensuring that such passengers are screened only at the first Australian airport they land in. Failure to comply with these obligations may lead to significant consequences. Breaches of these regulations can result in civil and criminal penalties. Under the Aviation Transport Security Act 2004, non-compliance with the regulations can lead to substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they are designed to enforce strict adherence to the security measures outlined in the Act. The specific maximum penalties are not detailed in the explanatory statement, but they are likely to be significant, reflecting the importance of aviation security.

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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.