Aviation Transport Security Amendment Regulations 2009 (No. 6)

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

Legislation au F2009L04729 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 394

 

Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

Aviation Transport Security Act 2004

Aviation Transport Security Amendment Regulations 2009 (No. 6)

 

 

 

Section 133 of the Aviation Transport Security Act 2004 (the ATSA) provides that the Governor-General may make regulations, prescribing matters required or permitted by the ATSA to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the ATSA. 

 

More specifically, section 9 of the ATSA provides that the regulations may prescribe certain items that may potentially pose a threat to aviation security as ‘prohibited items’. 

 

The purpose of the Regulations is to remove certain items from the current list of prohibited items (PIs) under regulation 1.07 of the Aviation Transport Security Regulations 2005 (the ATSR). 

 

The amendments represent one of the aviation security initiatives announced by the Government in its National Aviation Policy White Paper: Flight Path to the Future. 

 

Since the commencement of the aviation security legislative framework on 10 March 2005, the PIs list has remained unchanged, but a number of new security measures have been introduced, including hardened cockpit doors on aircraft with a seating capacity of 30 passengers or more.  Many other existing security measures have also been strengthened, including enhanced security screening.  These measures have provided Australia with a robust, layered aviation security system.

 

Given the considerable enhancement of aviation security since 10 March 2005, the items being considered for removal reflect the current nature and level of threat, while also bringing Australia more closely into line with international practice.

 

Details of the amendments to the ATSR are set out in the Attachment.

 

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. 6) each commence on the day after they are registered on the Federal Register of Legislative Instruments.


 

 

 

 ATTACHMENT

 

 

Details of the Aviation Transport Security Amendment Regulations 2009 (No. 6)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Aviation Transport Security Amendment Regulations 2009 (No. 6).

 

Regulation 2 – Commencement

 

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

 

Regulation 3 – Amendment of Aviation Transport Security Regulations 2005

 

This regulation provides that the Aviation Transport Security Regulations 2005 (the ATSR) are amended as set out in Schedule 1.

 

 

Schedule 1 – Amendments

 

Items [1] to[4] – Regulation 1.07, table 1.07

 

Regulation 1.07 defines which things are ‘prohibited items’ (PIs). 

 

Items [1] to [4] removes the following items as PIs from table 1.07 of regulation 1.07 of the ATSR:

 

  • Umbrellas with metal points
  • Knitting and crochet needles
  • Pointed metal nail files
  • Corkscrews; and
  • Racquets used in squash, tennis, badminton or any other sport. 

 

 

Item [5] – Subregulations 1.07(5) and (6)

 

This item repeals and replaces subregulations 1.07(5) and (6).

 

Item [5] provides that safety razors and hypodermic needles which are necessary for medical reasons are exceptions to the definition of a PI. 

 

Item [5] also creates a new exception for certain metal cutlery.  To establish that a particular metal cutlery is an exception to the PIs list, it must have rounded ends with no sharp points, and have to be provided in a landside security zone for use by person in the landside security zone, or on an aircraft for use by persons on the aircraft. 

 

Item [6] – Subregulation 1.07(13)

 

Item [6] replaces subregulation 1.07(13) to clarify that a plastic cutlery knife is not a PI.   

 

Item [7] – After subregulation 1.07(14)

 

Section 54 of the ATSA sets out the circumstances for when a person would commit an offence for having in their possession a PI in an airside or landside security zone. 

 

Item [7] inserts new subregulation 1.07(15) to the ATSR.  This item effectively provides that a person, in the airside security zone, is authorised to have metal cutlery with rounded ends and no sharp points, if:

(a)   the cutlery is to be used in the course of, or for the purposes of, carrying on a business requiring the use of cutlery in a landside security zone; or

(b)   the cutlery is for use by persons on an aircraft.

 

This subregulation allows, for example, aircraft operators to provide metal cutlery stores on their aircraft. 

 

Item [7] also inserts new subregulation 1.07(16) to the ATSR.  Under this new subregulation, a person is able to pass through a screening point with metal cutlery with rounded ends and no sharp points, if:

(a)   the cutlery is to be used in the course of, or for the purposes of, carrying on a business requiring the use of cutlery in a landside security zone; or

(b)   the cutlery is for use by persons on an aircraft in accordance with an arrangement with the aircraft operator for the supply of cutlery. 

 

The purpose of new subregulation 1.07(16) is to facilitate suppliers of specified metal cutlery to deliver such goods, through a screening point, to the intended business in the landside security zone.  It allows, for example, restaurants operating in the landside security zone to provide specified metal cutlery to its customers. 

 

However, generally speaking, a passenger is still prevented from carrying metal cutlery through a screening point, even if the cutlery has rounded ends. 

 

 

 

 

 

Overview

The Aviation Transport Security Amendment Regulations 2009 (No. 6) were enacted to refine the regulatory framework under the Aviation Transport Security Act 2004. This Act was established to enhance aviation security by addressing potential threats posed by various items that could compromise the safety of air travel. The 2009 Amendment Regulations were issued by the Minister for Infrastructure, Transport, Regional Development and Local Government, in line with the policy objectives outlined in the National Aviation Policy White Paper: Flight Path to the Future. The primary goal of these amendments is to update the list of prohibited items to reflect the current level of threat, while aligning Australia's aviation security measures more closely with international practices. These changes were deemed necessary as new security measures, such as hardened cockpit doors and enhanced screening procedures, had been implemented since the original legislative framework commenced on 10 March 2005. The 2009 Amendment Regulations specifically target the removal of certain items from the list of prohibited items, such as umbrellas with metal points, knitting needles, and racquets, while also introducing exceptions for items like safety razors, hypodermic needles for medical reasons, and certain types of metal cutlery. The regulations provide clearer guidelines for the use of metal cutlery in airside and landside security zones, facilitating business operations and enhancing security protocols. These amendments aim to balance security concerns with practical operational requirements, ensuring a robust and effective aviation security system.

Scope and Application

The Aviation Transport Security Amendment Regulations 2009 (No. 6) amends the Aviation Transport Security Regulations 2005, which implement the provisions of the Aviation Transport Security Act 2004. These regulations apply to all persons, entities, and industries involved in aviation transport within Australia, including airlines, airports, passengers, and baggage handlers. The amendments specifically address the list of prohibited items that can be carried on aircraft or within airside and landside security zones of Australian airports. The amendments remove certain items from the list of prohibited items, reflecting the current level of threat and aligning Australia with international practices. The geographic reach of these regulations is national, as they apply to aviation transport across the entire country. The regulations also clarify exceptions and provide specific conditions for the use of certain metal cutlery within security zones, balancing security with practical considerations for businesses operating within these zones. The amendments take effect on the day after they are registered on the Federal Register of Legislative Instruments.

Key Provisions

The Aviation Transport Security Amendment Regulations 2009 (No. 6) (the Regulations) amend the Aviation Transport Security Regulations 2005 (the ATSR) by removing certain items from the list of prohibited items (PIs) as defined in regulation 1.07 of the ATSR (paragraphs [1] to [4]). These items include umbrellas with metal points, knitting and crochet needles, pointed metal nail files, corkscrews, and racquets used in squash, tennis, badminton, or any other sport. The Regulations also introduce new exceptions to the definition of PIs, such as safety razors and hypodermic needles necessary for medical reasons, and certain metal cutlery that must have rounded ends with no sharp points (subregulations 1.07(5) and (6)). Furthermore, the Regulations clarify that a plastic cutlery knife is not a PI (subregulation 1.07(13)) and insert new subregulations 1.07(15) and (16) to allow the use and passage of specified metal cutlery through screening points under certain conditions. The Regulations impose several obligations on the parties they govern. Firstly, they require adherence to the updated list of PIs, which now excludes the items specified in paragraphs [1] to [4]. Secondly, businesses operating in the landside security zone and aircraft operators must comply with the new exceptions and conditions outlined in subregulations 1.07(5) to (7), ensuring that any metal cutlery provided meets the specified criteria. Thirdly, individuals must be aware of the permitted and prohibited items when passing through screening points, particularly with regard to metal cutlery and its use in business operations. Lastly, the Regulations require that any metal cutlery supplied through a screening point must comply with the new subregulations 1.07(15) and (16), ensuring it is for legitimate business use or aircraft operation. Breaches of the amended Regulations may lead to civil or criminal consequences, depending on the nature and severity of the violation. Section 54 of the Aviation Transport Security Act 2004 (the ATSA) sets out the circumstances for when a person commits an offence for having a PI in an airside or landside security zone. The maximum penalties for such offences can be substantial, including fines and imprisonment. Specifically, under section 131 of the ATSA, a person who commits an offence against section 54 can be fined up to 5,000 penalty units or imprisoned for up to five years, or both. The Regulations aim to enhance aviation security by aligning Australia's security measures with international practices and ensuring that the list of prohibited items reflects the current threat level, thereby reducing unnecessary restrictions while maintaining a high level of security.

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Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
Prohibited Conduct
Exceptions to Prohibited Items

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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.