EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 275
Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Aviation Transport Security Act 2004
Aviation Transport Security
(Consequential Amendments and Transitional Provisions) Act 2004
Air Navigation Act 1920
Aviation Transport Security Amendment Regulations 2009 (No. 4)
Air Navigation Amendment Regulations 2009 (No. 2)
Section 133 of the Aviation Transport Security Act 2004 (the ATSA), item 1 of Schedule 3 to the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (the Transitional Act) and section 26 of the Air Navigation Act 1920 provide, in part, that the Governor General may make regulations prescribing matters required or permitted by those Acts to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.
The Regulations repeal a number of redundant provisions from the Aviation Transport Security Regulations 2005 (the ATSR) and the Air Navigation Regulations 1947 (the ANR).
Following the events of September 11 2001 and the change in the aviation security environment the ATSA and the ATSR were developed to strengthen aviation security.
The ATSA and the ATSR establish minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation related activities. The purpose of the aviation legislation framework is to provide one regulatory framework to safeguard against unlawful interferences with aviation.
The ATSR commenced in 2005 and provided transitional arrangements for transport security programs (TSPs), aviation security identification cards (ASICs), aviation security inspectors’ identity cards, requirements for airside areas and security zones, and other notifications and requirements for checked baggage screening.
The Transitional Act commenced in 2004, and provides the power to make and repeal the transitional regulations that are in place under the ATSR.
The purpose of these transitional arrangements was to provide a period of time for those aviation industry participants that were covered under the ANR to make the necessary arrangements, and meet the new requirements as set out in the ATSR.
The Regulations repeal the transitional arrangements in the ATSR and Part 7 of the ANR.
The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.
The amendments contained in the Aviation Transport Security Amendment Regulations 2009 (No. 4) commenced on the day after they were registered on the Federal Register of Legislative Instruments.
The amendments contained in the Air Navigation Amendment Regulations 2009 (No. 2) commenced on the day after they were registered on the Federal Register of Legislative Instruments.
These regulations have been settled in consultation with the relevant divisions of the Department of Infrastructure, Transport, Regional Development and Local Government.
Overview
The Aviation Transport Security Amendment Regulations 2009 (No. 4) were enacted to address the redundancy in the existing aviation security regulations following the introduction of the Aviation Transport Security Act 2004 (ATSA) and the Aviation Transport Security Regulations 2005 (ATSR). These regulations were issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government and aim to streamline the regulatory framework by repealing outdated transitional provisions. The overarching policy objective of these amendments is to maintain a cohesive and effective security framework for civil aviation in Australia, ensuring that the regulations remain relevant and efficient in response to the evolving security environment. This initiative aligns with the foundational goal of the ATSA to safeguard against unlawful interferences with aviation, providing a robust and adaptable regulatory approach to contemporary security challenges.
Scope and Application
The Aviation Transport Security Amendment Regulations 2009 (No. 4) and Air Navigation Amendment Regulations 2009 (No. 2) apply to persons and entities engaged in civil aviation activities within Australia. These regulations serve to implement and refine the obligations established under the Aviation Transport Security Act 2004 and the Air Navigation Act 1920. They impose specific security requirements on aviation operations and personnel, including the management of transport security programs, issuance and use of aviation security identification cards, and the establishment of security zones. Geographically, these regulations have a national reach, applying across all states and territories of Australia, as they are designed to ensure uniform aviation security standards throughout the country. The regulations also repeal certain transitional provisions that were previously in place to allow industry participants time to adjust to the new security requirements. The commencement of these regulations followed their registration on the Federal Register of Legislative Instruments, and they were developed in consultation with the relevant divisions of the Department of Infrastructure, Transport, Regional Development and Local Government.
Key Provisions
The key operative sections of the Aviation Transport Security Amendment Regulations 2009 (No. 4) and the Air Navigation Amendment Regulations 2009 (No. 2) include the repeal of certain transitional provisions that were previously in place under the Aviation Transport Security Regulations 2005 (ATSR) and the Air Navigation Regulations 1947 (ANR). Specifically, section 133 of the Aviation Transport Security Act 2004 (ATSA) allows the Governor General to make regulations that are required or permitted by the ATSA, or necessary or convenient to carry out the Act. These regulations repealed redundant provisions that were designed to provide transitional arrangements for the aviation security environment following the events of September 11, 2001.
These regulations impose certain obligations on parties and entities involved in civil aviation activities in Australia. The primary requirement is that these parties and entities must comply with the updated security standards as outlined in the ATSA and ATSR, which aim to safeguard against unlawful interferences with aviation. The repealed transitional provisions, such as the transitional arrangements for transport security programs, aviation security identification cards, and other notifications, are no longer applicable following the commencement of these regulations.
There are potential civil and criminal consequences for breaches of the provisions in these regulations. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the ATSA and ATSR can generally lead to penalties under the Acts themselves. These can include substantial fines and, in more serious cases, imprisonment. The maximum penalties would be determined by the specific nature of the breach and the provisions of the ATSA. It is important for parties and entities governed by these regulations to ensure compliance to avoid any legal repercussions.