Exemption from Displaying an Aviation Security Identification Card for a Class of Person

Overview

The Aviation Transport Security Regulations 2005 (the Regulations) have been amended by the Director, Transport Security Operations, Aviation and Maritime Security Division, under the authority of the Secretary of the Department of Home Affairs, to provide an exemption from displaying an Aviation Security Identification Card (ASIC) for certain employees and contractors. This exemption was introduced to address the logistical challenges faced by Fulton Hogan Industries Pty Ltd and GHD Pty Ltd while undertaking works as part of the airport Runway Overlay Project at Rockhampton Airport. The exemption, which applies from 13 July 2018 to 28 May 2019, allows these employees and contractors to be supervised by an ASIC holder during project activities, while ensuring they do not operate within the Airside Security Restricted Area during the operational period. This regulatory adjustment aims to facilitate smoother project operations while maintaining stringent security measures at the airport.

Scope and Application

The Aviation Transport Security Regulations 2005, specifically under the exemption notice issued by Jacquiline Ireland, Director of Transport Security Operations, provides a defined exemption from the requirement to display an Aviation Security Identification Card (ASIC) for employees and contractors of Fulton Hogan Industries Pty Ltd and GHD Pty Ltd. These entities are involved in the airport Runway Overlay Project at Rockhampton Airport. The exemption is in effect from 13 July 2018 to 28 May 2019, contingent upon the condition that these personnel must remain under the supervision of an ASIC holder during project activities. It is pertinent to note that this exemption does not apply during the operational period within the Airside Security Restricted Area, as per the definition provided in regulation 4.01 of the Regulations. This notice applies specifically to the named entities and their personnel involved in the specified project, thereby delineating the jurisdictional scope and application of the exemption.

Key Provisions

The key provision of this notice, issued under the Aviation Transport Security Regulations 2005, is the exemption (paragraph 1) granted to employees and contractors of Fulton Hogan Industries Pty Ltd and GHD Pty Ltd from the requirement to display an Aviation Security Identification Card (ASIC) when they are undertaking works as part of the airport Runway Overlay Project at Rockhampton Airport. This exemption is specified under subregulation 3.08(3) of the Regulations (paragraph 2). It is valid from 13 July 2018 to 28 May 2019 (paragraph 3) and comes with specific conditions (paragraph 4). The employees and contractors must be under the supervision of an ASIC holder when undertaking project activities, and the exemption does not apply during the operational period in the Airside Security Restricted Area (paragraphs 5 and 6). The obligations imposed by this notice include ensuring that employees and contractors are under the supervision of an ASIC holder at all times during project activities (paragraph 5). Additionally, these individuals must adhere to the restrictions regarding the operational period in the Airside Security Restricted Area, where the exemption does not apply (paragraph 6). The notice also implicitly obligates the mentioned companies to ensure compliance with these conditions, thereby maintaining the security protocols at Rockhampton Airport during the specified period. Failure to comply with the conditions of this exemption notice may result in breaches of the Aviation Transport Security Regulations 2005. Such breaches could lead to various civil or criminal consequences as stipulated under the Aviation Transport Security Act 2004. The specific penalties for breaches are not detailed in the notice itself but can be found in the relevant sections of the Act. Generally, penalties for breaches of aviation security regulations can include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach as interpreted by the courts.