Aviation Transport Security (Prohibited Cargo—Bangladesh) Amendment Instrument 2016

Overview

The Aviation Transport Security (Prohibited Cargo – Bangladesh) Instrument 2016, enacted under the Aviation Transport Security Act 2004, addresses the issue of ensuring security in the transportation of cargo from Bangladesh into Australia. The Act was introduced to create a regulatory framework safeguarding against unlawful interference with civil aviation in Australia, and the 2016 Instrument further refines these provisions to allow for increased trade while maintaining stringent security standards. The instrument was made by the Minister for Infrastructure and Transport and is intended to permit cargo from Bangladesh to enter Australia if it has undergone additional security measures, such as being transhipped through certain ports and subjected to appropriate security examinations. This legislative instrument is aimed at balancing national security concerns with the facilitation of trade, and it does not engage any of the applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Aviation Transport Security (Prohibited Cargo – Bangladesh) Instrument 2016 applies to all cargo originating from, or transiting through, the People’s Republic of Bangladesh that is intended to be brought into Australian territory via an aircraft. This legislation serves to regulate the movement of such cargo under the Aviation Transport Security Act 2004, which sets out the minimum security requirements for civil aviation in Australia. The Instrument extends to all persons engaged in aviation-related activities, including those handling and transporting air cargo, within the national jurisdiction of Australia. The primary aim of this Instrument is to mitigate the risks associated with unlawful interference with aviation by ensuring that cargo from Bangladesh undergoes stringent security examinations before being allowed entry into Australia. This is achieved by permitting such cargo only if it has been transhipped through specific approved ports—Dubai, Abu Dhabi, Doha, Singapore, Kuala Lumpur, Bangkok, Hong Kong, or Guangzhou—and subjected to appropriate security measures including X-ray, explosive trace detection, or physical examination. This legislative measure enhances security outcomes while simultaneously facilitating trade between Australia and Bangladesh.

Key Provisions

The main operative sections of the Aviation Transport Security (Prohibited Cargo – Bangladesh) Instrument 2016 (the 2016 Instrument) amend the previous prohibition on Bangladeshi cargo entering Australia by permitting such cargo to enter if it has been transhipped through one of seven specified ports and undergone appropriate security examinations (section 2). Specifically, section 3 of the 2016 Instrument specifies that cargo originating from, or transiting through, Bangladesh can enter Australia if it has been transhipped through Dubai, Abu Dhabi, Doha, Singapore, Kuala Lumpur, Bangkok, Hong Kong, or Guangzhou immediately prior to arrival in Australia, and has been subject to appropriate security examinations, which include X-ray, explosive trace detection, or physical examination, at that port. This amendment provides a pathway for Australian businesses to continue trading with Bangladesh while maintaining security standards. The obligations imposed by the 2016 Instrument on the parties or entities it governs primarily revolve around ensuring that any cargo originating from, or transiting through, Bangladesh meets the specified security examination requirements before being allowed entry into Australia. Aviation industry participants must ensure that such cargo is transhipped through one of the designated ports and undergoes the appropriate security measures. This includes compliance with the stipulated security examinations, which must be conducted at the designated ports before the cargo is allowed to enter Australian territory. Failure to comply with these security requirements could result in the cargo being refused entry into Australia. The 2016 Instrument also reiterates that failure to comply with the provisions of the 2015 Instrument, as amended by this 2016 Instrument, is an offence under section 65C of the Aviation Transport Security Act 2004. This offence carries civil and criminal penalties. The maximum penalty for contravening a provision of the Act, including the provisions of the 2016 Instrument, is 10,000 penalty units (section 13). Additionally, individuals who are directors or senior officers of a body corporate may also be subject to personal penalties for breaches committed by the corporation under section 65H of the Act. These provisions underscore the seriousness of non-compliance with the security measures outlined in the Instrument and aim to deter any attempts to circumvent the regulations.