Aviation Transport Security (Prohibited Cargo—Turkey) Instrument 2017

Overview

The Aviation Transport Security (Prohibited Cargo – Turkey) Instrument 2017 was enacted under the authority of the Aviation Transport Security Act 2004, a piece of legislation designed to establish a regulatory framework that safeguards against unlawful interference with civil aviation in Australia. This Act is part of Australia’s commitment to international obligations under Annex 17 to the Convention on International Civil Aviation, ensuring minimum security requirements for civil aviation activities, including the handling and transport of air cargo. The 2017 instrument specifically targets the prohibition of certain cargo from entering Australian territory, responding to national security concerns by banning electromechanical devices over one kilogram in weight that originate from or transit through Turkey. This measure aims to prevent potential threats posed by such devices, which include any goods incorporating an electric motor, such as electric-powered sewing machines. The urgency and necessity of this legislative action, grounded in national security considerations, justified the Minister's decision to proceed without broader consultations, as stipulated in the Legislation Act 2003.

Scope and Application

The Aviation Transport Security (Prohibibited Cargo –Turkey) Instrument 2017 applies to the aviation industry as defined under the Aviation Transport Security Act 2004. Specifically, it concerns the prohibition of electromechanical devices over one kilogram in weight that originate from, or transit through, Turkey from being transported by air into Australia. The instrument applies to any person or entity involved in handling or transporting such cargo, including airlines and freight forwarders. The prohibition encompasses whole devices or separate components shipped together that, when assembled, constitute an electromechanical device. The legislative instrument extends the regulatory reach of the Act by imposing stricter security measures in response to national security concerns. The instrument is a legislative instrument under the Legislation Act 2003 and commenced on the day after its registration. Compliance with the instrument is mandatory, and failure to adhere to the prohibition is an offence under the Act.

Key Provisions

The main operative sections of the Aviation Transport Security (Prohibited Cargo – Turkey) Instrument 2017 (the Instrument) are derived from subsection 65B(1) of the Aviation Transport Security Act 2004 (the Act). Subsection 65B(1) allows the Minister to prohibit the entry of specified kinds of cargo into Australian territory to safeguard against unlawful interference with aviation. Specifically, the Instrument imposes a prohibition on electromechanical devices over one kilogram in weight transported by air that originate from, or transit through, Turkey into Australia (subsection 65B(2)(b)). This prohibition includes devices that arrive in Turkey on a transiting aircraft and depart on the same aircraft, are transferred from one aircraft to another in Turkish territory, or are transferred to an aircraft from another mode of transport, such as via ship, in Turkish territory. An electromechanical device is defined broadly to include any good that incorporates an electric motor, whether as a whole device or as separate components shipped together that constitute an electromechanical device when assembled. The Instrument imposes specific obligations on parties involved in the aviation industry, including airlines, cargo handlers, and other entities engaged in civil aviation activities. These obligations include ensuring that any electromechanical devices over one kilogram in weight originating from, or transiting through, Turkey are not transported into Australian territory. This prohibition extends to any device that meets the definition of an electromechanical device, such as an electric-powered sewing machine, and excludes those that do not incorporate an electric motor, such as a hand-cranked pasta making machine. Compliance with this Instrument is critical to maintaining the security of air transport into Australia, thereby fulfilling Australia’s obligations under the Chicago Convention and its domestic legislation. Failure to comply with the provisions of this Instrument is an offence under section 65C of the Act. This means that any person or entity found to be in breach of the Instrument’s prohibition on the transport of specified electromechanical devices from Turkey into Australian territory could face legal consequences. The penalties for such breaches are not explicitly stated in the Instrument itself but would be in line with the penalties applicable under the Act for similar offences. These could potentially include fines and imprisonment, reflecting the seriousness of the security risks posed by non-compliance with aviation security regulations. The urgency and necessity of this Instrument, given its national security implications, underscore the importance of strict adherence to its provisions.