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

Administered by Department of Home Affairs

Legislation au C2004A01243 In force Act

Legislation content

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

Act No. 9 of 2004 as amended

This compilation was prepared on 10 March 2005

[This Act was amended by Act No. 149 of 2004]

Amendments from Act No. 149 of 2004

[Schedule 2 (item 2) amended Schedule 3 (item 1)
Schedule 2 (item 2) commenced on 10 March 2005]

Transitional Provision from Act No. 149 of 2004

[see Schedule 2 (item 3) of Act No. 149 of 2004]

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Air Navigation Act 1920

Schedule 2—Amendment of other Acts 

Air Services Act 1995

Australian Protective Service Act 1987

Crimes (Aviation) Act 1991

Sea Installations Act 1987

Schedule 3—Transitional provisions

 

An Act to deal with consequential and transitional matters arising from the enactment of the Aviation Transport Security Act 2004, and for other purposes

[Assented to 10 March 2004]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

10 March 2004

2.  Schedules 1, 2 and 3

At the same time as section 3 of the Aviation Transport Security Act 2004

10 March 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1—Air Navigation Act 1920

 

1  Subsection 3(1) (definition of airport security committee)

Repeal the definition.

2  Subsection 3(1) (definition of aviation industry participant)

Repeal the definition.

3  Subsection 3(1) (definition of aviation security)

Repeal the definition.

4  Subsection 3(1) (definition of aviation security information)

Repeal the definition.

5  Subsection 3(1) (definition of categorised airport)

Repeal the definition.

6  Subsection 3(1) (definition of charter aircraft)

Repeal the definition.

7  Subsection 3(1) (definition of clear)

Repeal the definition.

8  Subsection 3(1) (definition of domestic air service)

Repeal the definition.

9  Subsection 3(1) (definition of emergency operations centre)

Repeal the definition.

10  Subsection 3(1) (definition of protective service officer)

Repeal the definition.

11  Subsection 3(1) (definition of regular public transport aircraft)

Repeal the definition.

12  Subsection 3(1) (definition of screen)

Repeal the definition.

13  Subsection 3(1) (definition of screening authority)

Repeal the definition.

14  Subsection 3(1) (definition of screening officer)

Repeal the definition.

15  Subsection 3(1) (definition of screening point)

Repeal the definition.

16  Subsection 3(1) (definition of security restricted area)

Repeal the definition.

17  Subsection 3(1) (definition of sterile area)

Repeal the definition.

18  Subsection 3(1) (definition of terminal facility)

Repeal the definition.

19  Subsection 3(1) (definition of terminal operator)

Repeal the definition.

20  Subsection 3(1) (definition of transceiver)

Repeal the definition.

21  Subsection 3(1) (definition of uniformed security force)

Repeal the definition.

22  Subsection 3(1) (definition of unlawful interference with aviation)

Repeal the definition.

23  Subsection 3(1) (definition of weapon)

Repeal the definition.

24  Section 3AA

Repeal the section.

25  Section 3AD

Repeal the section.

26  Section 3AE

Repeal the section.

27  Section 3AF

Repeal the section.

28  Paragraph 13(a)

After “the Civil Aviation Act 1988, the regulations made under that Act,”, insert “the Aviation Transport Security Act 2004, the regulations made under that Act,”.

29  Subparagraph 13(c)(i)

After “the Civil Aviation Act 1988, the regulations made under that Act,”, insert “the Aviation Transport Security Act 2004, the regulations made under that Act,”.

30  Part 3

Repeal the Part.

31  Part 3A

Repeal the Part.

32  Paragraph 23A(1)(e)

Omit “subsection 17(1); or”, substitute “subsection 17(1).”.

33  Paragraphs 23A(1)(h) to (u)

Repeal the paragraphs.

34  Paragraph 26(2)(a)

Repeal the paragraph.

35  Section 28

Repeal the section.


Schedule 2—Amendment of other Acts

 

Air Services Act 1995

1  Paragraph 8(1)(f)

After “the Air Navigation Act 1920”, insert “or the Aviation Transport Security Act 2004”.

Australian Protective Service Act 1987

2  After subparagraph 13(2)(a)(v)

Insert:

 (va) the Aviation Transport Security Act 2004 or regulations made under that Act; or

Crimes (Aviation) Act 1991

3  Paragraph 23(2)(b)

After “Air Navigation Act 1920 or regulations made under that Act,”, insert “, the Aviation Transport Security Act 2004 or regulations made under that Act, or”.

Sea Installations Act 1987

4  The Schedule

Insert in its appropriate alphabetical position, determined on a letter‑by‑letter basis:

Aviation Transport Security Act 2004


Schedule 3—Transitional provisions

 

1  Regulations

(1) The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, regulations may be made:

 (a) providing for regulations made for the purposes of particular provisions of the old Act to continue to have effect (with any prescribed alterations) for the purposes of the new Act; and

 (b) providing for aviation security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act; and

 (ba) providing for airport security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act; and

 (bb) providing for ASIC programs and international cargo security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act, or as such other programs under the new Act as are prescribed by the regulations; and

 (c) for other transitional measures in relation to the transition from the old Act to the new Act.

(3) In this item:

new Act means the Aviation Transport Security Act 2004.

old Act means the Air Navigation Act 1920 as in force immediately before the commencement of this item.

2  Aviation security program continuation

Subsection 15(2) (which deals with the obligation for aviation industry participants to comply with the transport security programs of other participants) of the Aviation Transport Security Act 2004 does not apply in relation to a program continued as a transport security program under paragraph 1(2)(b) of this Schedule.

 

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 27 March 2003

Senate on 10 February 2004]

(48/03)

 

 

Overview

The Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004, assented to on 10 March 2004, was enacted by the Parliament of Australia to address the consequential and transitional issues arising from the implementation of the Aviation Transport Security Act 2004. This legislation seeks to ensure a smooth transition from the previous aviation security framework under the Air Navigation Act 1920 to the new regulatory environment established by the Aviation Transport Security Act 2004. It includes amendments to various existing Acts to align them with the new security regime, and provides for the continuation of certain security programs and regulations during the transition period. The policy objective is to maintain uninterrupted security measures while updating the legislative framework to better address contemporary aviation security challenges. The Act includes several schedules that detail amendments to specific Acts, such as the Air Services Act 1995, the Australian Protective Service Act 1987, the Crimes (Aviation) Act 1991, and the Sea Installations Act 1987, to incorporate references to the new Aviation Transport Security Act 2004 and its regulations. Additionally, Schedule 3 of the Act outlines transitional provisions that allow for the continuation of certain security programs and regulations under the old Act, ensuring that there is no gap in security coverage during the legislative transition. The Act empowers the Governor-General to make regulations necessary for the effective implementation of these transitional measures.

Scope and Application

The Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 applies to various Acts and regulations to address consequential and transitional matters arising from the enactment of the Aviation Transport Security Act 2004. This Commonwealth legislation impacts multiple entities and industries involved in aviation, including but not limited to airports, airlines, and security personnel. It modifies existing definitions and provisions in the Air Navigation Act 1920, Air Services Act 1995, Australian Protective Service Act 1987, Crimes (Aviation) Act 1991, and Sea Installations Act 1987, to align them with the new security regime established by the Aviation Transport Security Act 2004. The Act repeals and amends several sections and definitions to facilitate a smooth transition from the old security framework to the new one. It also includes transitional provisions allowing certain regulations and security programs under the old Act to continue in force under the new Act with necessary alterations. The Act commenced on 10 March 2004, with specific sections and schedules coming into effect on 10 March 2005. Subordinate instruments may extend or restrict the application of the Act, providing further detailed regulations as necessary for its implementation.

Key Provisions

The Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (C2004A01243) was enacted to address the changes resulting from the introduction of the Aviation Transport Security Act 2004. Sections 1 to 3 and the provisions not covered in the Schedules of this Act came into effect on 10 March 2004, the day the Act received Royal Assent. The Schedules, however, came into effect on 10 March 2005, aligning with section 3 of the Aviation Transport Security Act 2004. Schedule 1 primarily focuses on amending the Air Navigation Act 1920 by repealing several definitions and sections related to aviation security, and it also includes amendments to the Civil Aviation Act 1988 to incorporate references to the new Aviation Transport Security Act 2004. Schedule 2 amends other acts, including the Air Services Act 1995, Australian Protective Service Act 1987, Crimes (Aviation) Act 1991, and Sea Installations Act 1987, to integrate the provisions of the Aviation Transport Security Act 2004. Schedule 3 outlines transitional provisions, including the continuation of certain security programs and the making of regulations to facilitate the transition from the old Act to the new one. The Act imposes several obligations on the parties it governs. For instance, it mandates the repeal of specific definitions and sections in the Air Navigation Act 1920 that pertain to aviation security, thereby ensuring that the new legislative framework replaces the old one. Additionally, it requires the integration of the Aviation Transport Security Act 2004 into other relevant acts, ensuring a cohesive legal environment for aviation security. The transitional provisions in Schedule 3 also impose obligations on the Governor-General to make necessary regulations for the continuation of certain security programs and other transitional measures. The Act also outlines specific offences and penalties for breaches, although the primary focus is on transitional and consequential amendments rather than creating new criminal offences. However, it is worth noting that the Aviation Transport Security Act 2004, which this Act supports, includes detailed provisions on offences and penalties related to aviation security, such as unauthorised interference with aircraft and security breaches at airports. These offences carry significant penalties, including fines and imprisonment, reflecting the serious nature of aviation security threats.

Legal classification tags

Area of Law
Aviation Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegated & Subordinate Legislation

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.