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

Overview

The Aviation Transport Security Regulations 2005 were enacted to establish a regulatory framework ensuring the security of aviation transport in Australia. This regulation was introduced to address the need for stringent security measures in the aviation sector, particularly in light of increasing global security concerns. The regulations are administered by the Director, Transport Security Operations, Aviation and Maritime Security Division, on behalf of the Secretary of the Department of Home Affairs. This specific exemption notice, issued on 30 July 2018, aims to facilitate a controlled tour of a Boeing 757 aircraft at Sydney Airport for a select group of Hawker Pacific guests, while maintaining strict security protocols. The exemption is conditional on the supervision of all guests by a person holding an Aviation Security Identification Card and the strict management of guest access to the aircraft and airside areas.

Scope and Application

The Aviation Transport Security Regulations 2005, specifically under regulation 3.08, provide for the exemption of certain individuals from the requirement to display an Aviation Security Identification Card (ASIC) when participating in a designated activity. In this instance, the exemption applies to guests of Hawker Pacific, including media representatives, local trade individuals, and invited VIP customers, who are attending a celebration for the 100th tour of ‘Journeys by Private Jet with Captains Choice’. This exemption is geographically limited to the Boeing 757 aircraft located at Bay 99 at Sydney Airport and is operational only between the hours of 14:30 and 19:30 on 30 July 2018. The exemption is subject to the condition that all guests must be checked off a pre-arranged guest list, must be supervised by an ASIC holder at all times, and are not permitted to access the airside area except during the transition to and from the bus or while entering or exiting the Boeing 757 aircraft. This regulatory decision ensures that the security protocols are maintained while allowing for the special event to proceed with the required flexibility.

Key Provisions

The Aviation Transport Security Regulations 2005, under regulation 3.08, provide the framework for granting exemptions from certain security requirements, including the obligation to display an Aviation Security Identification Card (ASIC). This particular exemption applies to a specific class of individuals, namely the guests of Hawker Pacific, who are attending a special event at Sydney Airport. This event marks the 100th tour of 'Journeys by Private Jet with Captains Choice', which involves a tour of a Boeing 757 aircraft located at Bay 99. The exemption is strictly limited in time, operating from 14:30 to 19:30 on 30 July 2018. The exemption conditions set forth in the notice are designed to maintain the security integrity of the event. Firstly, all guests of Hawker Pacific must be accounted for through a guest list, which must be checked before and after the tour. This ensures that the number of people entering and exiting the aircraft is accurately recorded. Secondly, these guests must be supervised by an individual who holds an ASIC at all times during the tour. This supervisory requirement ensures that even though the guests are exempt from displaying their own ASIC, they are still under the watchful eye of a qualified security personnel. Additionally, the guests are restricted to specific areas of the airport, allowing access only when necessary to enter or exit the tour bus and the Boeing 757 aircraft. The obligations imposed by the Act on the parties involved are clear and stringent. Hawker Pacific, as the organiser of the event, must ensure that the guest list is meticulously maintained and that the guests are supervised by an ASIC holder throughout the tour. This supervision must be continuous, and the guests must be prevented from accessing any airside areas of the airport unless explicitly for the purpose of entering or exiting the aircraft or the tour bus. These conditions are essential to mitigate any potential security risks that might arise from granting such exemptions. Any breach of these conditions could lead to significant legal consequences. While the notice does not explicitly state the penalties for non-compliance, under the Aviation Transport Security Act 2004, unauthorised access to restricted areas or failure to comply with security regulations can result in both civil and criminal penalties. Civil penalties can include fines up to a substantial amount, and criminal penalties can lead to imprisonment, reflecting the seriousness with which the Act treats security breaches. Therefore, it is imperative that all parties involved adhere strictly to the conditions outlined in the exemption notice.