Aviation Transport Security (Prohibited Cargo - Syria) Instrument 2015

Overview

The Aviation Transport Security (Prohibited Cargo – Syria) Instrument 2015 was enacted under the authority of the Aviation Transport Security Act 2004. This legislative instrument was introduced to address the specific security concerns arising from the transport of cargo originating from, or transiting through, the Syrian Arab Republic into Australian territory. The Act, which was established to safeguard against unlawful interference with civil aviation in Australia and to meet Australia’s obligations under the Chicago Convention, was amended in May 2013 to allow the Minister to prohibit certain cargo through disallowable instruments. The policy objective of this instrument is to mitigate the risks associated with such cargo by prohibiting its entry into Australia, thereby reinforcing national security measures. The enactment of this instrument reflects the urgency and importance of addressing these security concerns without delay, as highlighted by the exemption from consultation requirements under the Legislative Instruments Act 2003 due to national security considerations.

Scope and Application

The Aviation Transport Security (Prohibited Cargo – Syria) Instrument 2015 applies to all aviation industry participants as defined under the Aviation Transport Security Act 2004. This instrument specifically targets the prohibition of any cargo originating from, or transiting through, the Syrian Arab Republic from entering Australian territory, thereby enhancing national security by preventing potentially dangerous goods from being transported into the country. The instrument operates within the broader framework of the Act, which aims to safeguard against unlawful interference with civil aviation in Australia, including activities related to the handling and transport of air cargo. The prohibition is a direct response to security concerns and is implemented under the authority provided by subsection 65B(2) of the Act, which allows for the specification of certain cargo types for security reasons. Failure to comply with this instrument constitutes an offence under section 65C of the Act. This legislative instrument is a response to an urgent national security issue, exempt from the usual consultation requirements under the Legislative Instruments Act 2003, and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Aviation Transport Security (Prohibited Cargo – Syria) Instrument 2015 primarily focuses on prohibiting all cargo originating from, or transiting through, the Syrian Arab Republic from entering Australian territory. This legislative instrument leverages the powers granted under subsection 65B(1) of the Aviation Transport Security Act 2004, which allows the Minister to prohibit specified cargo for safeguarding against unlawful interference with aviation. Specifically, subsection 65B(2) of the Act enables the instrument to relate to cargo from a particular country, such as Syria in this case. This is a targeted measure designed to enhance national security by preventing potentially hazardous materials from entering Australia via air cargo originating from or transiting through Syria. Under the Act, the instrument imposes strict obligations on aviation industry participants, as defined within the Act, to ensure compliance with the prohibition on Syrian cargo. These participants include airlines, freight forwarders, and other entities involved in handling or transporting air cargo. The Act requires these entities to implement measures to identify and prevent the carriage of prohibited Syrian cargo. They must adhere to the prohibition and report any suspected non-compliance to the relevant authorities. Failure to comply with the provisions of this instrument constitutes an offence under section 65C of the Aviation Transport Security Act 2004. The penalties for such offences can include substantial fines and, in some cases, imprisonment. Specifically, the Act provides for penalties of up to $22,200 for individuals and up to $111,000 for bodies corporate, depending on the severity and circumstances of the breach. These penalties underscore the seriousness with which the Australian government regards the enforcement of aviation security measures.