EXPLANATORY STATEMENT
AVIATION TRANSPORT SECURITY (PROHIBITED CARGO –EGYPT) INSTRUMENT 2015
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.
The purpose of the Aviation Transport Security (Prohibited Cargo –Egypt) Instrument 2015 is to prohibit all cargo originating from, or transiting through, the Arab Republic of Egypt from entry into Australian territory, except for the following items:
(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.
This instrument applies to aviation industry participants as defined in the Act.
Failure to comply with this instrument is an offence under section 65C of the Act.
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 Regional Development 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 –Egypt) Instrument 2015
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 Arab Republic of Egypt 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.
WARREN TRUSS
Minister for Infrastructure and Regional Development