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.
Overview
The Aviation Transport Security (Prohibited Items) Amendment (Handcuffs) Instrument 2015 was enacted to address a gap in the regulatory framework established by the Aviation Transport Security Act 2004. This Act was introduced to safeguard against unlawful interference with aviation by defining prohibited items that could be used for such purposes. The Instrument amends the Act by removing an exemption for handcuffs or similar restraining devices that was previously covered under section 6(5) of the Aviation Transport Security (Prohibited Items) Instrument 2012. This change consolidates the exemptions into a single notice under sections 54–57 of the Act, which was signed by the delegate for the Secretary of the Department of Infrastructure and Regional Development. The policy objective of the Instrument is to streamline the regulatory approach to these items, ensuring that the security measures remain effective and consistent across the aviation industry. The Instrument was settled in consultation with industry participants, and no further regulatory impact analysis was deemed necessary as it is minor or machinery in nature.
Scope and Application
The Aviation Transport Security (Prohibited Items) Amendment (Handcuffs) Instrument 2015 amends the existing regulatory framework under the Aviation Transport Security Act 2004, which applies across the Commonwealth of Australia and encompasses the safeguarding of aviation against unlawful interference. This Act applies to individuals, entities, and industries involved in aviation, including passengers, airport operators, airlines, and other stakeholders. It regulates the conduct and transactions related to carrying prohibited items through airport security screening points, within airport sterile areas, or onboard prescribed aircraft. The Instrument specifically targets the prohibition of items such as handcuffs or similar restraining devices that could be used for unlawful interference with aviation. The amendments consolidate previously fragmented exemptions into a single notice, facilitating a more streamlined regulatory approach. Notably, the Act does not impose any thresholds or conditions for the exercise of the power to make the Instrument, and its geographic reach is confined to the national jurisdiction of Australia. The Instrument is a legislative instrument under the Legislative Instruments Act 2003 and comes into effect on the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Aviation Transport Security (Prohibited Items) Amendment (Handcuffs) Instrument 2015 (the Instrument) amends the existing regulatory framework established under the Aviation Transport Security Act 2004 (the Act) by modifying the list of prohibited items (s 9) and the conditions under which certain items may be carried through an airport or onboard a prescribed aircraft. Specifically, section 9A of the Act allows the Minister to specify items that are prohibited based on their potential to be used for unlawful interference with aviation. The Instrument removes the exemption for handcuffs or similar restraining devices previously outlined in section 6(5) of the Aviation Transport Security (Prohibited Items) Instrument 2012. Instead, these exemptions are now governed by a consolidated notice signed by the delegate for the Secretary of the Department of Infrastructure and Regional Development, which integrates all previous exemptions under sections 54–57 of the Act.
The Instrument imposes obligations on individuals and entities to comply with the updated list of prohibited items. This means that individuals and entities must ensure that they do not carry handcuffs or similar restraining devices through airport security screening points, in airport sterile areas, or onboard prescribed aircraft unless they have obtained the necessary exemption or authorisation. The Minister has the authority to specify these items and conditions, and compliance is mandatory. The Act provides for enforcement mechanisms and penalties for non-compliance, ensuring that the regulatory framework remains effective in safeguarding against unlawful interference with aviation.
Breaching the provisions of the Act, including carrying prohibited items without proper authorisation, may result in civil or criminal consequences. Section 18 of the Act outlines various offences and penalties, including fines and imprisonment for individuals found guilty of certain violations. For instance, carrying a prohibited item could result in a fine of up to 5,400 penalty units or imprisonment for up to five years, or both, for an individual. For corporations, the maximum penalty could be 27,000 penalty units. Additionally, the Act provides for the issuance of infringement notices for lesser offences, with fines not exceeding 5,400 penalty units for individuals and 27,000 penalty units for corporations. The enforcement of these penalties is critical in maintaining the security and integrity of the aviation transport system.