Aviation Transport Security Amendment Regulations 2010 (No. 2)

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

Legislation au F2010L01808 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Selective Legislative Instrument 2010 No. 176

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

 

Subject - Aviation Transport Security Act 2004
  Aviation Transport Security (Consequential Amendments and                              Transitional Provisions) Act 2004

  Aviation Transport Security Amendment Regulations 2010 (No. 2)

 

Section 133 of the Aviation Transport Security Act 2004 (Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, 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.

 

Section 40 provides that access to aircraft may be restricted to persons, goods (other than cargo) and vehicles that have received clearance. In most cases, receiving clearance will require going through a screening process. More specifically, Section 44 provides that the Regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to screening, receiving clearance and the circumstances in which persons, goods (other than cargo) or vehicles are required to be cleared.

 

The Aviation Transport Security Regulations 2005 (ATSR) at regulation 4.02 prescribe that an aircraft that is operating an international air service that is a regular public transport operation or an open charter operation, or a jet operating a domestic air service that is a regular passenger transport operation, must be a cleared aircraft before departure.

The regulations amend the ATSR and replace means of propulsion with maximum weight for an aircraft as the primary determinant for an aircraft to be a cleared aircraft. This is required to give effect to key initiatives announced in the National Aviation Policy White Paper: Flight Path to the Future on 16 December 2009 and in the Strengthening Aviation Security Initiative announced on 9 February 2010 by the Prime Minister, the Minister for Infrastructure, Transport, Regional Development and Local Government, and the Minister for Home Affairs, which require: 

  1. from 1 July 2010, passenger and checked baggage screening for all aircraft greater than 30,000kg maximum takeoff weight (MTOW) operating regular public transport (RPT) services; and
  2. extending passenger and checked baggage screening for all aircraft greater than 20,000kg MTOW operating RPT and prescribed air services by 1 July 2012 for all regular public transport air services and open charter services, and prescribed air services by 1 July 2014.

 

Attachment A explains the scope of the amendment to the ATSR and details of the regulations are set out in the Attachment B.

 

The regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The regulations commence on the day after they are registered on the federal Register of Legislative Instruments.

 

The amendments were developed in consultation with the aviation industry and are a result of consultative process undertaken to develop the National Aviation Policy White Paper: Flight Path to the Future. Discussions were also held through consultative forums including the Aviation Security Advisory Forum and Regional Industry consultative Meeting regulatory working groups.

 

 

 

 

 

 

 

 

 


ATTACHMENT A

 

Scope of the Regulations

The regulations update the Aviation Transport Security Regulations 2005 to replace means of propulsion with maximum weight of aircraft as the primary determinant for an aircraft to be a cleared aircraft. This will result in a phased implementation of maximum weight as the primary determinant for an aircraft to be a cleared aircraft and will provide a robust and defensible aviation security trigger.  Initially, a maximum weight of 30,000kg and above will be used, reducing to 20,000kg for RPT and open charter services from 1 July 2012 and no later than July 2014 for prescribed air services.

Rationale for Amendments

The growing potential for new model aircraft to be used as weapons against a ground target, or as a target for destruction itself, has increased with an increase in the use of larger turbo propeller powered aircraft between major and regional airports. The different screening requirements for these aircraft and those powered by jet turbine expose potential vulnerabilities in the current security regime.

Various aircraft factors have been considered as possible security triggers.  Aircraft range, seating capacity, fuel load and speed have inconsistencies and potential variations which, if used as a trigger for screening, would be difficult to enforce.

Unscreened aircraft with a maximum weight equal to or greater than 20,000 kilograms taking off from any regional airport in Australia are able to easily reach iconic targets in Australian capital cities and elsewhere. Many of the regional airports these aircraft operate from are easily accessible by road or rail from capital cities. Any aircraft with a maximum weight of 20,000 kilograms can inflict catastrophic damage. Such aircraft operating from unscreened regional airports, represent a potentially exploitable vulnerability, and as such constitute attractive terrorist targets. This means some unscreened aircraft could be targeted by terrorists with the aim of causing mass casualties by destroying the aircraft in flight or by using the aircraft as a weapon.

Maximum weight, for an aircraft, would mean the gross maximum weight at takeoff that the manufacturer of the aircraft, or a person authorised by the Civil Aviation Safety Authority, certifies for structural safety or control of the aircraft.


ATTACHMENT B

 

Details of the Aviation Transport Security Amendment Regulations 2010 (No. 2)

 

Regulation 1 – Name of Regulations

 

The title of the Regulations is the Aviation Transport Security Amendment Regulations 2010 (No. 2).

 

Regulation 2 – Commencement

 

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

 

Regulation 3 – Amendment of Aviation Transport Security Regulations 2005

 

The Aviation Transport Security Regulations 2005 are amended as set out in the Schedule.

 

Schedule – Amendments

 

Item [1] – subregulation 4.02(1)

 

Item [1] repeals and replaces current subregulation 4.02(1) of the ATSR and creates maximum weight of an aircraft as the primary determinant for an aircraft to be a cleared aircraft.

 

The effect of Item [1] is to replace method of propulsion with maximum weight for an aircraft as the primary determinant an aircraft to be a cleared aircraft, and provides for a phased implementation. Initially, a maximum weight of 30,000kg and above will be used commencing 1 July 2010, reducing to 20,000kg for regular public transport and open charter services from 1 July 2012 and no later than July 2014 for prescribed air services.

 

Item [1] creates a new subregulation 4.02(1A) definition “maximum weight”. Maximum weight, for an aircraft would mean the gross maximum weight at takeoff that the manufacturer of the aircraft, or a person authorised by the Civil Aviation Safety Authority, certifies for structural safety or control of the aircraft.

Overview

The Aviation Transport Security Amendment Regulations 2010 (No. 2) were enacted to address security vulnerabilities in Australia's aviation sector by updating the screening requirements for aircraft based on their maximum weight rather than their means of propulsion. This change was introduced in response to the increasing threat posed by larger turbopropeller aircraft and the potential for these aircraft to be used as weapons or targets for terrorist attacks. The regulations are an amendment to the existing Aviation Transport Security Regulations 2005 and were developed in consultation with the aviation industry, including through the Aviation Security Advisory Forum and Regional Industry Consultative Meeting regulatory working groups. The primary objective of these amendments is to implement key initiatives from the National Aviation Policy White Paper and the Strengthening Aviation Security Initiative, ensuring that passenger and checked baggage screening requirements are more robustly enforced based on the aircraft's maximum weight. The regulations came into effect on the day after they were registered on the federal Register of Legislative Instruments.

Scope and Application

The Aviation Transport Security Amendment Regulations 2010 (No. 2) applies to the operations and security protocols of aircraft in Australia, specifically those involved in regular public transport and charter services. The regulations amend the Aviation Transport Security Regulations 2005, altering the criteria for determining when an aircraft must be cleared before departure, shifting from a method of propulsion-based criterion to a maximum weight-based criterion. This change aims to provide a more robust and consistent security measure, particularly addressing the risks posed by larger turbopropeller-powered aircraft which can potentially be exploited for terrorist activities. The regulations apply to both domestic and international flights, particularly those with a maximum weight of 30,000 kilograms or more, with a phased implementation reducing this threshold to 20,000 kilograms by July 2014. The regulations are part of the legislative framework under the Aviation Transport Security Act 2004, which governs the security measures for aviation transport in Australia, and they are designed to align with the key initiatives outlined in the National Aviation Policy White Paper. The changes are made in consultation with the aviation industry, ensuring that the new measures are practical and effective in enhancing aviation security.

Key Provisions

The main operative sections of the Aviation Transport Security Amendment Regulations 2010 (No. 2) involve significant changes to the way aircraft are screened for security purposes. Section 40 of the Aviation Transport Security Act 2004 (ATS Act) restricts access to aircraft to those that have received clearance, which generally requires passing through a screening process. Section 44 of the Act allows for the prescription of requirements for screening and clearance of persons, goods, and vehicles. The regulations themselves amend the Aviation Transport Security Regulations 2005 (ATSR) to change the primary determinant for an aircraft to be a "cleared aircraft" from the means of propulsion to the maximum weight of the aircraft. Specifically, Regulation 4.02 of the ATSR is updated to require that an aircraft operating an international air service or a domestic air service must be a cleared aircraft before departure if its maximum weight is 30,000kg or more, with this threshold reducing to 20,000kg by 1 July 2014. These regulations impose several obligations and requirements on parties involved in aviation. Firstly, they mandate that aircraft with a maximum weight of 30,000kg or more must undergo a screening process before being allowed to depart, starting from 1 July 2010. This requirement extends to aircraft with a maximum weight of 20,000kg or more by 1 July 2014. Operators and owners of such aircraft must ensure that their aircraft meet these screening requirements. Additionally, the regulations require that any person, good, or vehicle wishing to board a cleared aircraft must also receive clearance through the prescribed screening processes. The regulations emphasize that the screening process must be conducted in a manner that ensures the safety and security of the aircraft and its passengers. Breaches of these regulations can lead to serious consequences. While the explanatory statement does not explicitly list the offences and penalties, it is reasonable to infer that violations could result in significant civil or criminal penalties under the ATS Act. The ATS Act includes provisions for offences related to unauthorized access to aircraft, which can be subject to fines and imprisonment. Given the serious nature of aviation security, penalties for non-compliance could be severe, potentially including substantial fines and imprisonment terms, reflecting the high stakes involved in ensuring the security of air travel. The regulations also set out a clear framework for the implementation of these changes. Regulation 2 specifies that the regulations commence on the day after they are registered. Regulation 3 amends the ATSR as outlined in the Schedule, with Item [1] replacing the previous method of propulsion with maximum weight as the primary determinant for a cleared aircraft. This amendment introduces a new subregulation 4.02(1A) defining "maximum weight" as the gross maximum weight at takeoff certified by the aircraft manufacturer or an authorized person for structural safety or control of the aircraft. In summary, the Aviation Transport Security Amendment Regulations 2010 (No. 2) introduce significant changes to the screening requirements for aircraft based on maximum weight rather than means of propulsion. These changes impose clear obligations on aircraft operators and owners to ensure compliance with the new screening requirements. Failure to comply with these regulations could result in severe civil or criminal penalties, underscoring the importance of adhering to the updated security measures. The regulations provide a phased approach to implementing these changes, starting with a 30,000kg threshold in 2010 and reducing to a 20,000kg threshold by 2014, ensuring a robust and defensible aviation security regime.

Legal classification tags

Area of Law
Aviation Law
Security Law
Instrument
Regulation
Concepts
Regulatory Standards
Screening Requirements
Implementation Phases

Interactions

Authorises

All Versions

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.