Aviation Transport Security (Prohibited Cargo - Somalia) Instrument 2015

Overview

The Aviation Transport Security (Prohibited Cargo –Somalia) Instrument 2015 was enacted to address a security concern regarding cargo originating from, or transiting through, the Federal Republic of Somalia. This legislative instrument is an amendment to the Aviation Transport Security Act 2004, which establishes the regulatory framework to safeguard against unlawful interference with civil aviation in Australia. The problem it was introduced to address was the potential threat posed by cargo from Somalia entering Australian territory. The instrument was developed in consultation with the Foreign Affairs Minister and the Trade Minister, and due to the urgency and national security implications, no further consultations were deemed necessary. The policy objective of the instrument is to prohibit the entry of all such cargo into Australian territory, thereby enhancing the security of civil aviation in Australia. The enactment of this instrument by the Minister for Infrastructure and Regional Development is aimed at safeguarding against unlawful interference with aviation and upholding Australia's obligations under the Chicago Convention.

Scope and Application

The Aviation Transport Security (Prohibited Cargo –Somalia) Instrument 2015 is a legislative instrument that applies to aviation industry participants as defined under the Aviation Transport Security Act 2004. This instrument aims to prohibit all cargo originating from, or transiting through, the Federal Republic of Somalia from entry into Australian territory. The Act establishes a regulatory framework to safeguard against unlawful interference with civil aviation in Australia and imposes obligations on individuals and entities engaged in civil aviation activities, including the handling and transport of air cargo. The instrument is an urgent measure necessitated by national security concerns and is applicable throughout Australian territory. Failure to comply with this instrument constitutes an offence under section 65C of the Act, carrying potential legal repercussions for non-compliance. The legislative instrument is exempt from the consultation requirements of the Legislative Instruments Act 2003 due to its urgency and national security implications, and it is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of the Aviation Transport Security (Prohibited Cargo – Somalia) Instrument 2015 are found under section 65B(2) of the Aviation Transport Security Act 2004. This section empowers the Minister to prohibit the entry of specified kinds of cargo into Australian territory, and the instrument specifically targets cargo originating from, or transiting through, the Federal Republic of Somalia. The prohibition is designed to safeguard against unlawful interference with civil aviation in Australia and aligns with the obligations under Annex 17 to the Convention on International Civil Aviation. The obligations imposed by this instrument are primarily on aviation industry participants as defined in the Act. These participants must ensure that no cargo originating from, or transiting through, Somalia is transported into Australian territory. This includes cargo packaged in any manner, regardless of weight, and applies to all persons engaged in civil aviation-related activities. The prohibition aims to mitigate potential security threats by restricting the entry of cargo from a country identified as a high-risk area for unlawful interference. Failure to comply with the provisions of this instrument constitutes an offence under section 65C of the Aviation Transport Security Act 2004. Penalties for breaching this prohibition may include fines and/or imprisonment, although the exact penalties are not specified in the instrument itself. The Act allows for penalties that reflect the severity of the breach, which can be significant given the potential security risks involved. The enforcement of these penalties ensures that the security measures are taken seriously and that there are consequences for non-compliance. The instrument also highlights that it is exempt from certain consultation requirements under the Legislative Instruments Act 2003, as it was enacted due to urgent national security concerns. This exemption was necessary to address the threat swiftly and effectively without delay. The Minister for Infrastructure and Regional Development consulted with the Foreign Affairs Minister and the Trade Minister, but no further consultations were deemed necessary due to the urgency and nature of the issue. The legislative instrument is designed to be compatible with human rights, as it does not engage any of the applicable rights or freedoms as recognised in international instruments.