EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 40
Subject: Aviation Transport Security Act 2004
Aviation Transport Security Amendment Regulations 2006 (No. 1)
The Aviation Transport Security Act 2004 (the Act) regulates certain parts of the aviation industry with the object of enhancing security for airline and airport 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.
Regulation 9.01 captures actions as well as words that may be reasonably interpreted as a threat to commit an act of unlawful interference with aviation.
Examples of some types of behaviour that may be captured by the Regulations are included in the notes.
Details of the Regulations are set out in the Attachment.
The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.
Regulation 9.01 is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
The Regulation commences on 27 February 2006.
| Authority: | Subsection 133(1) of the Aviation Transport Security Act 2004 |
ATTACHMENT
Details of the Aviation Transport Security Amendment Regulations 2006 (No. 1)
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Aviation Transport Security Amendment Regulations 2006 (No. 1)
Regulation 2 – Commencement
This regulation commences on 27 February 2006.
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 – Amendment
Item [1] – Regulation 9.01
Section 10 of the Aviation Transport Security Act 2004, sets out matters, which, if done without lawful authority, would be an unlawful interference with aviation.
In addition, Regulation 9.01 prescribes an offence regarding threats to aviation security. The amendment remakes the existing offence more clearly. This item amends the terms of the existing offence by substituting simpler wording that has been designed to include both words and actions that could be reasonably interpreted as being a threat to commit an act of unlawful interference with aviation.
There are two examples of behaviour that could be considered a threat given in the notes. The first example relates to words. The example highlights that flippant remarks about bombs in baggage or their intention to hijack a plane, even if the person who makes the remark considered it to be a joke, could be considered a threat
The second example relates to actions for example, leaving items (however described) unattended in a way that could be reasonably interpreted as a security threat.
The purpose of this regulation is to deter conduct by the public which causes security incidents that result in unnecessary resources being used and inconvenience to the air travelling public. It is aimed at changing the culture of persons who travel by air and/or frequent airports. The penalty units for this offence remain as 50 penalty units.
Overview
The Aviation Transport Security Act 2004 was enacted to address the need for enhanced security measures within the aviation industry, with a primary focus on protecting airline and airport operators and ensuring the safety of travellers. The Act empowers the Governor-General to create regulations necessary for implementing and enforcing the Act's provisions. The Aviation Transport Security Amendment Regulations 2006 (No. 1) were introduced to further refine and clarify the Act's regulations, particularly focusing on the definition and deterrence of conduct that poses a threat to aviation security. These amendments aim to reduce security incidents and the consequent misuse of resources by clarifying the scope of actions and words that constitute a threat, thereby enhancing the overall security framework within the aviation sector.
Scope and Application
The Aviation Transport Security Act 2004 applies to various entities and individuals within the aviation industry, aiming to enhance security for airline and airport operators, as well as for travellers. The Act encompasses a broad scope, including airlines, airports, and other entities involved in the aviation sector, and covers conduct and transactions that may pose a security threat. Geographically, the Act applies across Australia, given its national importance in regulating aviation security. The Act's reach is extended through subordinate instruments such as the Aviation Transport Security Regulations 2005, which further define and prescribe necessary measures for the Act’s implementation. The Act does not specify any exclusions, exemptions, or thresholds within its primary text, although further detail and specific conditions can be found in the Regulations. The Regulations, including the Aviation Transport Security Amendment Regulations 2006 (No. 1), amend and clarify offences related to threats to aviation security, ensuring the law is both comprehensive and clearly understood.
Key Provisions
The main sections of the Aviation Transport Security Amendment Regulations 2006 (No. 1) focus on amending the existing regulations under the Aviation Transport Security Act 2004. Specifically, Regulation 9.01 has been amended to redefine the offence related to threats to aviation security. This amendment is designed to broaden the scope of the offence to include both words and actions that may be interpreted as threats to commit an act of unlawful interference with aviation (Regulation 9.01). The intent behind this change is to encompass a wider range of potentially threatening behaviours, thereby enhancing the deterrent effect against security incidents that result in unnecessary resource allocation and inconvenience to the public.
Under these regulations, parties and entities governed by the Act are obligated to adhere to the newly defined offence. This means that individuals must avoid making remarks or engaging in actions that could reasonably be interpreted as threats to aviation security. For instance, flippant comments about bombs in baggage or statements indicating an intention to hijack a plane, even if made in jest, could now constitute an offence. Similarly, leaving items unattended in a manner that could be perceived as a security threat is also prohibited. These obligations are aimed at changing public behaviour and fostering a culture of heightened security awareness among those who travel by air and frequent airports.
Failure to comply with the provisions of these regulations can result in civil or criminal consequences. Specifically, engaging in conduct that is considered an unlawful interference with aviation, as defined under Regulation 9.01, can lead to prosecution. The penalty for this offence remains at 50 penalty units, as stipulated in the Act. The exact monetary value of a penalty unit can vary, but it is based on the current index value set by the Commonwealth. This regulatory framework is designed to ensure that individuals are held accountable for actions or words that pose a threat to aviation security, thereby maintaining the integrity and safety of the aviation transport system.