EXPLANATORY STATEMENT
AVIATION TRANSPORT SECURITY (PROHIBITED CARGO – BANGLADESH) INSTRUMENT 2016
Aviation Transport Security Act 2004
The Aviation Transport Security Act 2004 (the Act) establishes a regulatory framework to safeguard against unlawful interference with civil aviation in Australia. The Act gives effect to Australia’s obligations under Annex 17 to the Convention on International Civil Aviation (Chicago Convention) by establishing a regulatory framework to safeguard against unlawful interference with aviation in Australia. The Act establishes minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation-related activities, including activities related to the handling and transport of air cargo.
In May 2013, the Act was amended to enable the Minister to prohibit the carriage of certain cargo into Australian territory on an aircraft through the use of a disallowable instrument.
Subsection 65B(1) of the Act allows the Minister to prohibit the entry of specified kinds of cargo into Australian territory for the purposes of safeguarding against unlawful interference with aviation.
Subsection 65B(2) specifies that, without limiting subsection 65B(1), an instrument made under that subsection may relate to all or any of the following:
(a) some or all of a class of persons to whom the Act applies;
(b) cargo originating from a particular country;
(c) cargo transiting through a particular country;
(d) cargo packaged in a particular way;
(e) cargo that meets, or is more or less than, a specified weight; and
(f) cargo that comes within a specified weight range.
On 3 December 2015, the Minister made an instrument prohibiting aviation industry participants from bringing into, or causing to be brought into Australian territory, cargo originating from, or transiting through, the People's Republic of Bangladesh unless the items were exempt from examination under Australian Regulations. That instrument was the Aviation Transport Security (Prohibited Cargo – Bangladesh) Instrument 2015 (the 2015 Instrument), and it commenced on 15 December 2015. Failure to comply with the 2015 instrument is an offence under section 65C of the Act.
The purpose of the Aviation Transport Security (Prohibited Cargo – Bangladesh) Instrument 2016 is to permit cargo originating from, or transiting through, the People’s Republic of Bangladesh to enter Australia if it has undergone additional security measures. This will increase options for Australian businesses trading with the People's Republic of Bangladesh without reducing security outcomes.
To achieve this, the 2016 Instrument amends the 2015 Instrument to permit cargo originating from, or transiting through, the People’s Republic of Bangladesh to enter Australian territory if it was transhipped through Dubai, Abu Dhabi, Doha, Singapore, Kuala Lumpur, Bangkok, Hong Kong or Guangzhou immediately prior to arrival in Australia, and was subject to appropriate security examination, which includes X-ray; explosive trace detection; or physical examination, at that port. The security measures required are consistent with those currently required for air cargo departing Australia.
This instrument is a legislative instrument for the purpose of the Legislative Instruments Act 2003.
This instrument commences on the day after registration.
Consultation
The Minister for Infrastructure and Transport has consulted with the Foreign Affairs Minister and the Trade Minister. Other consultations were not undertaken as this legislative instrument is required as a matter of urgency and because of an issue of national security. These are both grounds for exemption to undertake consultation under paragraphs 18(2)(b) and 18(2)(d) of the Legislative Instruments Act 2003 respectively.
Authority:
Subsection 65B(2) of the
Aviation Transport Security Act 2004
ATTACHMENT
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aviation Transport Security (Prohibited Cargo – Bangladesh) Amendment Instrument 2016
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This Legislative Instrument prohibits all cargo originating from, or transiting through, the People's Republic of Bangladesh from entry into Australian territory, except for the certain exemptions.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
DARREN CHESTER
Minister for Infrastructure and Transport