Aviation Transport Security (Prohibited Cargo - Egypt) Instrument 2015

Overview

The Aviation Transport Security (Prohibited Cargo –Egypt) Instrument 2015 is a legislative measure enacted under the Aviation Transport Security Act 2004, which aims to establish a regulatory framework to safeguard against unlawful interference with civil aviation in Australia. The instrument specifically addresses the need to prohibit certain types of cargo originating from, or transiting through, the Arab Republic of Egypt from entering Australian territory. This was introduced as a matter of urgency and due to national security concerns, as stated in the explanatory statement, which exempts the Minister from undertaking further consultations. The policy objective is to ensure the safety and security of air cargo transport, in line with Australia's obligations under the Chicago Convention and to meet the Act's requirements for preventing unlawful interference with aviation. Failure to comply with the instrument constitutes an offence under the Act.

Scope and Application

The Aviation Transport Security (Prohibited Cargo – Egypt) Instrument 2015 is an amendment to the Aviation Transport Security Act 2004, establishing stringent security measures for civil aviation in Australia, particularly focusing on cargo originating from, or transiting through, the Arab Republic of Egypt. This legislative instrument aims to safeguard against unlawful interference with aviation by prohibiting the entry of specified cargo into Australian territory. The Act applies to aviation industry participants as defined within the Act, imposing obligations on entities and persons involved in civil aviation activities, including the handling and transport of air cargo. This instrument has a national reach within Australia, extending to all entities and persons engaged in aviation-related activities. The prohibitions are narrowly tailored, excluding certain items such as letter products, small items, live animals with necessary packaging, human remains, biological tissues, dangerous goods permitted under the Civil Aviation Act 1988, government articles, and diplomatic bags. The Minister for Infrastructure and Regional Development has the authority to issue this instrument under subsection 65B(2) of the Aviation Transport Security Act 2004, and it comes into effect the day after registration. Non-compliance with this instrument is an offence under section 65C of the Act.

Key Provisions

The main operative sections of the Aviation Transport Security (Prohibited Cargo –Egypt) Instrument 2015 (F2015L02058) are found under subsection 65B(2) of the Aviation Transport Security Act 2004. This subsection allows the Minister to create instruments that prohibit the entry of specified cargo into Australian territory to prevent unlawful interference with aviation. The 2015 Instrument specifically prohibits all cargo originating from, or transiting through, Egypt, except for a defined list of exemptions including letter products, small items, live animals, human remains, biological tissues, permitted dangerous goods, government articles, and diplomatic bags. This prohibition is intended to enhance security measures within the civil aviation sector. The Act imposes several obligations on the parties or entities it governs, including adherence to the prohibitions outlined in the Instrument. Aviation industry participants, as defined in the Act, must ensure that no prohibited cargo is carried on aircraft entering Australian territory. This includes verifying the origin and contents of all cargo, and ensuring compliance with the specified exemptions. Failure to comply with these requirements can result in serious consequences, as outlined in subsequent sections of the Act. The Act establishes that failure to comply with the provisions of this Instrument is an offence under section 65C of the Aviation Transport Security Act 2004. Such offences can lead to significant penalties, although the exact penalties are not specified in the explanatory statement. Typically, breaches of aviation security regulations can result in substantial fines and potential imprisonment, reflecting the seriousness of compromising aviation safety and security. The precise penalties would be determined in accordance with the broader legal framework governing aviation offences in Australia. The legislative instrument is a disallowable instrument, meaning it must be tabled before Parliament and can be subject to disallowance by either House. This process allows for parliamentary scrutiny and ensures that the instrument remains aligned with legislative intent and national security interests. Additionally, the instrument is subject to the provisions of the Legislative Instruments Act 2003, which governs the making, operation, and review of legislative instruments in Australia. The urgency and national security considerations that led to the creation of this Instrument were such that consultations with relevant ministers were deemed sufficient, exempting the need for broader consultations under the Legislative Instruments Act 2003.