Aviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015

Aviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015

made under the

Aviation Transport Security Act 2004

Compilation No. 1

Compilation date:    11 May 2016

Includes amendments up to: F2016L00766

Registered:    16 May 2016

About this compilation

This compilation

This is a compilation of the Aviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015 that shows the text of the law as amended and in force on 11 May 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of instrument

3 Definitions

4 Application

5 Prohibited cargo

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name of instrument

  This instrument is the Aviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015.

3  Definitions

  In this instrument:

Act means the Aviation Transport Security Act 2004.

biological tissues means an item of cargo that consists only of biological tissues, biological substances or biological samples, and necessary packaging.

ETD equipment means equipment that can detect, and indicate by means of an alarm, a target amount of explosive material.

government article means an item of cargo that:

1.            is sent by the Commonwealth or an authority of the Commonwealth; and
2.            bears on its face a security classification; and
3.            bears a security classification that is referred to in the protective security policy applicable to the Australian Government at the time the article is sent.

human remains means an item of cargo which meets all of the following requirements:

1.            the item consists only of human remains and necessary packaging; and
2.            the sender of the item is a funeral director; and
3.            the airline transporting the item has sighted a copy of the death certificate of the person to which the human remains relate.

letter product is an item of cargo that has all of the following characteristics:

1.            it weighs 500g or less;
2.            it contains only flexible items;
3.            its longest dimension is 360 mm or less;
4.            its second longest dimension is 260 mm or less;
5.            its shortest dimension is 20 mm or less.

security controls, in relation to a last port of call, means requirements or procedures which, under the laws applying at the last port of call, must be applied to detect the presence of explosives in items of cargo.

small item means an item of cargo that weights 250g or less, and is 5 mm or less in its shortest dimension.

Note: Expressions used in this instrument have the same meanings they have in the Act, including the following:

• Australian territory;
• aviation industry participants;
• cargo.

X-ray observation equipment means equipment that has all of the following characteristics:

 (a) has threat image projection system capability;

 (b) has the ability to differentiate between organic and inorganic material;

 (c)  is capable of displaying the following in different colours:

 (i) metals;

 (ii) inorganic material;

 (iii) organic material.

4  Application

  This instrument applies to aviation industry participants.

5  Prohibited cargo

 (1) A person to whom this instrument applies must not bring, or cause to be brought, into Australian territory cargo that has originated from, or that has transited through, the People's Republic of Bangladesh, unless the item of cargo is one of the following:

 (a) a letter product;

 (b) a small item;

 (c) a live animal (and the necessary packaging used to ship the animal);

 (d) human remains;

 (e) biological tissues;

 (f) dangerous goods that are permitted, under section 23 of the Civil Aviation Act 1988, to be carried on board an aircraft (and necessary packaging);

 (g) a government article;

 (h) a diplomatic bag;

 (i) an item to which subsection (2) applies.

 (2) This subsection applies to an item of cargo if:

 (a) at the time it is or was brought into Australian territory, it is or was on an aircraft whose last port of call prior to entering Australia is or was one of the following:

(i) Abu Dhabi;

(ii) Bangkok;

(iii) Doha;

(iv) Dubai;

(v) Guangzhou;

(vi) Hong Kong;

(vii) Kuala Lumpur;

(viii) Singapore; and

 (b) the item was subject to security controls at that last port of call, during which the item was subject to one or more of the following:

(i) examination using X-ray observation equipment;

(ii) examination using ETD equipment;

(iii) acceptable physical examination; and

 (c) the item has been found not to contain explosives.

 (3) Acceptable physical examination of an item of cargo is physical examination of the item which includes all of the following measures:

(a) the item is deconsolidated or unpacked into the smallest box, carton or other unit into which the item can be deconsolidated or unpacked;

(b) each unit is examined as follows:

(i) the sides, top and bottom of the unit, including packaging, are checked for hidden compartments and for signs that the piece has been tampered with;

(ii) the unit is opened and all areas of the interior of the unit are searched;

(iii) the contents of the unit is searched systematically, layer by layer;

(iv) the search of the interior areas and the contents of the unit proceeds in a sequence which ensures that every area of the unit and all its contents are thoroughly inspected.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history