EXPLANATORY STATEMENT
Issued by Authority of the Minister for Infrastructure and Regional Development
Subject - | Aviation Transport Security (Prohibited Items) Amendment (Handcuffs) 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 aviation.
Section 9 of the Act defines prohibited items as items that:
(a) could be used for unlawful interference with aviation; and
(b) is specified in an instrument under section 9A.
Section 9A of the Act provides that the Minister may, by legislative instrument, specify items for the purposes of paragraph (b) of the definition of prohibited item in section 9 of the Act.
The list of prohibited items specifies certain objects that are not able to be carried through an airport security screening point, in an airport sterile area or onboard a prescribed aircraft. The list also specifies circumstances when or by whom an item is not prohibited and may be carried.
The Aviation Transport Security (Prohibited Items) Amendment (Handcuffs) Instrument 2015 (the Instrument), made under section 9A of the Act, removes the current exemption for handcuffs or similar restraining devices under section 6(5) of the Aviation Transport Security (Prohibited Items) Instrument 2012. This exemption is now covered by a new notice under sections 54 – 57 of the Aviation Transport Security Act 2004. The new notice signed by the delegate for the Secretary of the Department of Infrastructure and Regional Development consolidates handcuffs exemptions, which were previously addressed by the Instrument or other notices, into a single notice.
A Regulation Impact Statement is not required for the Instrument because it is minor or machinery in nature. The Office of Best Practice Regulation has concurred with this assessment and that no further regulatory impact analysis is required for the Instrument.
The Instrument has been settled in consultation with aviation industry participants including aircraft operators.
Details of the Statement of Compatibility with Human Rights are set out in Attachment A.
The Act does not specify any conditions that need to be satisfied before the power to make the Instrument may be exercised.
The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
ATTACHMENT A