Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 3.01C

         (1)   For subsection 133 (1) of the Act, before assigning a particular security controlled airport a category under subsection 28 (6) of the Act, the Secretary may consider the matters set out in this regulation.

Note    Under paragraph 126 (1) (ea) of the Act, application may be made to the Administrative Appeals Tribunal for a review of the Secretary's decision to assign a category to a particular security controlled airport.

         (2)   The Secretary may consider the following:

                (a)    whether the airport is a designated airport;

               (b)    whether an international air service operates to or from the airport;

                (c)    whether aircraft operate regular public transport operations or open charter operations to or from the airport, and if so:

                          (i)    the maximum weight of those aircraft; and

                         (ii)    the average number of revenue passengers that depart the airport each year as part of those operations;

               (d)    whether aircraft operate closed charter operations to or from the airport, and if so, the maximum weight of those aircraft.

         (3)   The Secretary may also consider the following:

                (a)    whether the design of the existing terminal at the airport will prevent the airport operator from complying with particular security screening requirements;

               (b)    whether it is practicable for temporary facilities to be installed at the airport so that the airport operator can comply with particular security screening requirements;

                (c)    the operational environment of the airport, including:

                          (i)    the types of aircraft operating to and from the airport; and

                         (ii)    the services those aircraft provide; and

                        (iii)    the services available at the airport, such as refuelling and maintenance services;

               (d)    the number of revenue passengers that:

                          (i)    departed the airport in each of the 3 previous financial years; and

                         (ii)    are expected to depart the airport in the following 3 financial years;

                (e)    the ability of the screening authority for the airport to:

                          (i)    provide and operate security screening equipment; and

                         (ii)    provide particular security screening services;

                (f)    when the airport operator expects to be able to start complying with particular security screening requirements;

               (g)    the social and financial implications of requiring, or not requiring, the airport to use or implement equipment or procedures specified in the Act, these Regulations, or in a notice given by the Secretary under regulation 4.17;

               (h)    any other matter that the Secretary considers relevant.

Example of social implications for paragraph (g)

The loss of access by the local community to medical services.