Commonwealth Numbered Regulations - Explanatory Statements Commonwealth Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
AVIATION TRANSPORT SECURITY REGULATIONS 2005 (SLI NO 18 OF 2005)
Select Legislative Instrument 2005 No. 18
Issued by Authority of the Minister for Transport and Regional Services
Subject: Aviation Transport Security Act 2004
Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004
Aviation Transport Security Regulations 2005
Subsection 133(1) of the Aviation Transport Security Act 2004 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Item 1(1) of Schedule 3 to the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (the Transitional Act) also provides a regulation making power in the same terms.
The Act establishes a regulatory framework to safeguard against unlawful interference with aviation. To achieve this purpose, the Act establishes minimum security requirements for civil aviation in
The purpose of the Regulations is to provide the detail necessary for the regulatory framework established by the Act to operate as intended. They also provide for transitional arrangements. Where possible, the Regulations look to outcomes, rather than seeking to impose prescriptive measures. The Regulations are divided into 9 Parts:
— Part 1 provides definitions for a number of terms that are used throughout the Regulations and are not otherwise defined in the Act.
— Part 2 details some of the matters that are to be dealt with in a transport security program (TSP). The balance of the matters to be dealt with are set out in section 16 of the Act. The Act requires TSPs to be developed by certain aviation industry participants (including airport operators and aircraft operators). The TSPs must detail how the participant will manage aviation security related matters.
— Part 3 is concerned with the establishment and control of secure areas at airports. This includes detailing, for those secure areas, their boundaries and restrictions on entry, as well as when identification cards are to be worn by people.
— Part 4 deals with security screening and clearing requirements at airports including on-board security. It also provides for a series o exceptions to allow certain people to pass through a screening point without being screened (for example, a screening officer who is engaged in the management of the screening point) or to have weapons and prohibited items in secure areas (for example, police officers). Part 4 also makes special provision for regulated air cargo agents and for transporting persons in custody including those in immigration detention.
— Part 5 deals with the training and qualifications that aviation security inspectors, security guards and screening officers are required to have.
— Part 6 makes rules about the use and issue of aviation security identification cards (ASICs) and visitor identification cards (VICs). Part 6 also covers matters relating to security designated authorisations (defined in regulation 1.08).
— Part 7 creates a system of infringement notices for certain offences against the Act and the Regulations as an alternative to prosecution. It is intended that a system of infringement notices will provide an effective and efficient mechanism to ensure compliance with aviation security requirements.
— Part 8 ensures that certain decisions, including decisions about ASICs made under the Regulations, can be reviewed by the Administrative Appeals Tribunal.
— Part 9 makes it an offence to engage in conduct that a reasonable person could interpret as a threat to commit an unlawful interference with aviation. It also expands the methods by which notices under the Regulations may be given.
A regulation impact statement (RIS) has been prepared. It concluded that ‘the only viable option is government regulation’ and that this ‘is implicitly supported by the industry’s general willingness to participate in the development of the Regulations and cooperate with the approach now being proposed by the Government’. The RIS emphasised that ‘the benefits stemming from the proposed Regulations appear at least to cover their costs’, but also noted that that the Government is ‘open to future review of the Regulations in the light of experience’, particularly if more cost-effective alternatives become apparent.
Nature of consultation undertaken
The past few years have seen increasing resources devoted to security measures - in air transport as well as elsewhere. The Department has consulted thoroughly with many aviation industry participants including airport operators, aircraft operators and cargo agents as well as unions and Commonwealth and State government agencies. These consultations have been by letter, email and face to face meetings.
In developing the Regulations, a series of subject specific working groups were held with the aviation industry. Each working group essentially covered a particular part of the Act, i.e. - weapons and prohibited items; defining and identifying airside and landside areas and zones within those areas; screening and clearing; transport security programs; cargo and freight; on-board security; powers of officials; and enforcement and review.
Departmental officials met with representatives from the Australian Services Union, Transport Workers Union and Australian Federation of Pilots to discuss the proposed Regulations. All other affected unions were offered briefings.
Officials also met with members of State and Territory police forces and Premier’s Departments on the enforcement aspects of the Act and Regulations and separately briefed a National Counter Terrorism Committee meeting.
Further, officials met with representatives of general aviation airports to discuss their specific concerns.
One of the major consultation processes undertaken involved firearms which is a particularly sensitive issue. In addition to aviation industry participants, officials met and consulted with representatives of the major security companies which provide armed escorts for high value goods.
It is intended that the extensive consultation engaged in for the development of the Regulations will be ongoing. Time and experience in operating these regulatory arrangements may well show that there are more effective or efficient ways of achieving their objectives. Those who will operate the transport security programs will be best placed to see opportunities for improvements. It is the Government's intention, therefore, that the Department will make sure that there is a continuing program of consultation, specifically directed to ensuring that the regulatory arrangements can be progressively improved. It is also expected that transport security programs made by aviation industry participants will be regularly updated to address new threats and to ensure that the plans are as effective and efficient as possible.
Details of the Regulations are set out in the Attachment.
The Regulations commence on the commencement of sections 3 to 133 of the Act. The effective commencement date is
Authority: Subsection 133(1) of the Aviation Transport Security Act 2004
Item 1(1) of Schedule 3 to the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004
Attachment
Details of the proposed Aviation Transport Security Regulations 2005
Regulation 1.01 provides that the Regulations are to be cited as the Aviation Transport Security Regulations 2005.
Regulation 1.02 provides that the Regulations commence upon the commencement of sections 3 to 133 of the Act, which is on
Regulation 1.03 defines several terms that are used throughout the Regulations and are not otherwise defined in the Act.
They include: Act, ANA, ANR, ASIC, aviation security identification card, carry-on baggage, categorised airport, checked baggage, checked in, crew, DIMIA, domestic air service, grey ASIC, international air service, jet, Migration Act, officer of the Australian Customs Service, open charter operation, photograph, RACA, red ASIC, regular public transport operation, screened air service, screening authority, secure area, TSP, unauthorised person, unlawful non-citizen, VIC, and visitor identification card.
In addition, the following are also defined:
air security officer
An air security officer is a protective service officer or a special protective service officer (these officers are appointed under the Australian Federal Police Act 1979) who is directed by the Commissioner of Police to carry out the duties of a position of air security officer.
A person who is employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew is also an air security officer, provided that they are operating in accordance with an arrangement between the foreign government and the Australian Government. For example, an air marshal trained and employed by the Government of the
charter operation
There are three categories of charter operation. Each category is broadly defined as being a service of providing air transportation of people or goods or both people and goods.
Under the first category of charter operation, persons using the service must pay a fee and the service must not be available to the general public. The presence of fixed schedules, fixed terminals or specific routes is irrelevant. An example of such a charter operation is a charter flight for the purpose of transporting Formula 1 cars. Another example is a charter flight for press staff who pay a fee to be transported to an event. This category of charter operation is also known as a ‘closed charter operation’ with either a fixed or non-fixed schedule.
Under the second category of charter operation, persons using the service must pay a fee, the service must be available to the general public, and the service must not be conducted in accordance with fixed schedules, to or from fixed terminals over specific routes. An example of such a charter operation would be an ad-hoc scenic flight service provided to tourists or any other members of the general public on an irregular basis from varying locations and over various routes, for a fee. This category of charter operation is known as an ‘open charter operation’.
Under the third category of charter operation, persons using the service must not pay a fee, the service must not be available to the general public, and the service must be conducted in accordance with fixed schedules to or from fixed terminals over specific routes. An example of such a charter operation is a regular flight arranged by a company to transport its workers to a mine in a remote location such as
Regulation 1.04 sets out what it means to properly display an aviation security identification card (ASIC) or visitor identification card (VIC). The meaning of ‘properly displaying’ is a key concept for the operation of Part 3 of the Regulations.
To be ‘properly displayed’, an ASIC or VIC must be attached to a person’s outer clothing above waist height at the front or side of their body and the whole of the front of the ASIC or VIC must be clearly visible.
For example, an ASIC or VIC would not be properly displayed if a person had the card attached to the front of their shirt but was wearing a jacket that covered or partially covered the ASIC or VIC.
The regulation also provides that an ASIC or VIC is not properly displayed if it is obscured in any way by anything adhering to it.
Regulation 1.05 defines valid ASIC and valid VIC. These concepts are pivotal to the operation of Parts 3 and 6 of the Regulations.
To be valid an ASIC or VIC must:
a) be issued in accordance with Part 6; and
b) not have expired or been cancelled; and
c) not have been altered or defaced (permanently or temporarily); and
d) be issued to the person who shows or displays it. For example a card that was issued to Mary in accordance with Part 6 and which has not expired or been cancelled, altered or defaced will be valid when it is being shown or displayed by Mary. However the same card would not be valid if it was being shown or displayed by Jane.
The Regulations provide for two types of ASICs; grey ASICs and red ASICs. Subregulation 1.05(2) explains the relationship between these two types of ASIC, and the circumstances where the Regulations require a person to display an ASIC, but do not specify whether it must be a red ASIC or a grey ASIC.
Subregulation 1.05(2) specifies that where the Regulations require a person to display a valid ASIC in a place, without specifying whether the ASIC must be a red ASIC or a grey ASIC, a person who is properly displaying a valid red ASIC satisfies the requirement. Whether a person who is properly displaying a valid grey ASIC satisfies the requirement is to be decided in accordance with regulation 3.03. Regulation 3.03 provides that a red ASIC is required in an airside security zone of a security controlled airport but a red or grey ASIC is required in any other secure area of such an airport. Note that there are also certain exceptions and transitional arrangements, which are set out in subregulations 3.03(6) and (7).
Regulation 1.06 sets out the meaning of prescribed air service. An air service is a service of providing air transportation of people or goods, or both people and goods (section 9 of the Act). There are three kinds of prescribed air services. They are:
a) a regular public transport operation (as defined in regulation 1.03);
b) an air service in which a fixed-wing aircraft powered by gas-turbine engines (other than turbo-prop engines) is used; and
c) an air service in which an aircraft with a certificated maximum take-off weight greater than 5 700 kilograms is used.
An air service is not a prescribed air service if the Secretary, by instrument in writing, so declares (subregulation 1.06(2)).
There are a number of items that potentially pose a threat to aviation security and these are known as ‘prohibited items’. The Act and the Regulations limit where and by whom such articles may be carried. Different rules apply to things that are ‘prohibited items’ and things that are ‘weapons’. This regulation defines which things are ‘prohibited items’. Regulation 1.09 defines ‘weapons’. If a thing is both a weapon and a prohibited item it is deemed to be a weapon (subregulation 1.09(5)).
An item is a prohibited item if it is described in column 2 of table 1.07. This table does not exhaustively list every prohibited item. Rather, classes of items are given and common examples of the class are provided. An item is a prohibited item if it falls into the class described, even if it is not specifically mentioned in the list of examples. An item is also a prohibited item if it is a replica or imitation of an item described in the table.
It is important to note that nothing in this regulation implies that an article or thing not described in the table can be carried on an aircraft. Other legislation, such as the Civil Aviation Act 1988, also restricts which items may be carried by air transport.
In addition, there are a number of exceptions to the definition of a prohibited item:
Subregulation 1.07(5) creates an exception for safety razors.
Subregulation 1.07(6) creates an exception for corkscrews being used by an aircraft’s cabin crew (but not passengers) and for hypodermic needle that are necessary for medical reasons. To establish that a hypodermic needle is necessary for medical reasons, a person with a hypodermic needle passing through a screening point will need to show a medical certificate to a screening officer if requested. Similarly, a passenger with a hypodermic needle will need to show a medical certificate to a representative of the airline (including a crew member) if requested.
Subregulation 1.07(7) provides that, subject to subregulation (8) alcohol, perfume, matches, lighters, lighter fluid and aerosol containers (for personal or medical use) are not prohibited items.
Subregulation 1.07(8) puts a limit on the total volume or mass of an item covered by the exception in 1.07(7).
Subregulation 1.07(9) ensures that handcuffs and similar restraining devices may be carried by a person who is escorting a person in custody and may be carried on board an aircraft with the authority of the aircraft operator for the purposes of restraining a violent person.
Subregulation 1.07(10) provides that aircraft stores or emergency equipment and airline operator’s or airport operator’s emergency equipment that is not readily accessible to passengers or members of the public, are excluded from the definition of a prohibited item.
Subregulation 1.07(11) ensures that all knives or knife-like objects (not covered by an exception) are prohibited. Where a knife or knife-like object is designed to be used primarily to inflict injury or in self defence it will be covered by the definition of a weapon. However, other knives such as small pocket knives, which are not designed to be used to inflict injury or in self defence, will be prohibited items.
Subregulation 1.07(12) ensures that all scissors are prohibited items, except those that are blunt or round ended and have blades less than 6 cm long.
Subregulation 1.07(13) is intended to ensure that appropriate cutlery can be used. A fork is not a prohibited item if the tines have square or round ends and the handle is round-ended and is not detachable. There is also an exception for plastic knives, this is intended to cover the types of plastic knives usually provided to passengers or other persons to enable them to eat meals.
Subregulation 1.07(14) provides that aids that a person requires to assist their mobility such as a walking stick or crutches are not prohibited items. The effect of this subregulation is to ensure that such mobility aids can be used to assist a person to walk around in the sterile area and to or from an aircraft.
Regulation 1.08 sets out which authorisations are security designated authorisations, as required by section 9 of the Act.
Both a flight crew licence and a special pilot licence (within the meaning of the Civil Aviation Regulations 1988) are security designated authorisations. Division 6.7 sets out the security check and identification requirements for security designated authorisations.
The definition of a weapon in section 9 of the Act includes a thing prescribed by the Regulations to be a weapon. This regulation prescribes certain items as weapons.
An item is a weapon if it is described in column 2 of table 1.09. This table does not exhaustively list every weapon. Rather, classes of items are given and common examples of the class are provided. An item is a weapon if it falls into the class described, even if it is not specifically mentioned in the list of examples. An item is also a weapon if it is a replica or imitation of a firearm or any other weapon.
Firearms are weapons because they are included in the definition of a weapon in section 9 of the Act. Section 9 of the Act provides that a device that would be a firearm or would be an item in a class described by this regulation, but for an absence or defect in part of the device, is also taken to be a weapon. That definition of a weapon also includes a device capable of being converted into a firearm or an item described by this regulation.
It is important to note that nothing in this regulation implies that an article or thing not described in the table can be carried. Other legislation, such as the Civil Aviation Act 1988, also restricts which items may be carried by air transport.
Subregulation 1.09(5) explains the relationship between ‘prohibited items’ and ‘weapons’ in these Regulations. It provides that a thing that is both a prohibited item (see regulation 1.07) and a weapon is taken to be a weapon.
Subregulation 1.09(6) creates a general exception to the general definition of a weapon for aircraft stores or emergency equipment and airline operator’s or airport operator’s emergency equipment that is not readily accessible to passengers or members of the public.
Subregulation 1.09(7) makes it clear that a telescopic sight is not a weapon.
Subregulation 1.09(8) ensures that a defibrillator that is carried as part of an aircraft’s equipment or that is required for medical purposes is not taken to be a weapon.
Under Part 2 of the Act, various aviation industry participants are required to have transport security programs (TSPs). A TSP must be complied with by the participant concerned and by any other participants who are covered by it and have been given a copy of the TSP. Part 2 of the Regulations contains further provisions relating to TSPs.
This regulation defines the term “security contact officer” for the purposes of Part 2. In this Part, “security contact officer” means a person appointed by an aviation industry participant to carry out the responsibilities of a security contact officer for the participant. The appointment of security contact officers is provided for in regulation 2.02.
Regulation 2.01 also explains that in Part 2, a reference to “audit” is a reference to an examination by an aviation industry participant of security measures under the participant’s TSP to find out whether the measures have been implemented correctly. Also, a reference to “review of an aviation industry participant’s TSP” is a reference to an evaluation by the participant of security measures and procedures under its TSP to find out whether the measures and procedures are adequate.
Subregulation 2.02(1) sets out the responsibilities of a security contact officer. These are to facilitate the development, implementation, review and maintenance of the participant’s TSP, and to undertake liaison with other aviation industry participants in relation to aviation security matters.
Subregulation 2.02(2) provides that an aviation industry participant that must have a TSP must provide in the TSP for the appointment of a security contact officer in accordance with its TSP. If the participant fails to appoint a security contact officer in accordance with its TSP, it is subject to a penalty of up to 10 penalty units. The person appointed must be either the participant itself, or an employee of the participant.
The security contact officer would be the first point of contact if an incident was to occur. They would be responsible for the co-ordination of action and response to the incident, passing on information to other relevant aviation industry participants as well as responding to any request by the Department for certain action to occur or information to be provided.
Section 12 of the Act requires the following aviation industry participants to have a transport security program: (a) an operator of a security controlled airport; (b) an operator of a prescribed air service; and (c) a participant of a kind prescribed in the regulations. Regulation 2.03 prescribes the kind of participants required to have a TSP, for the purposes of paragraph 12(c) of the Act. They are:
a) a regulated air cargo agent (RACA) (ie a person designated as a RACA by the Regulations);
b) an aviation industry participant that occupies or controls an area at a security controlled airport that has direct access to the airside of the airport (for example, the occupant or controller of a hangar, cargo facility, fuel storage area or other general aviation facility who is not an operator of a prescribed aircraft or a regulated air cargo agent); and
c) Airservices
Regulation 2.04 provides, to avoid doubt, that if 2 or more Divisions of Part 2 of the Regulations apply to an aviation industry participant that is required to have a TSP, the participant’s TSP must comply with both or all of the applicable Divisions. An example would be an airline that operates both passenger flights and an air cargo service. It would have a TSP that complies with both Division 2.3 (operators of prescribed air services) and Division 2.4 (RACAs).
Regulation 2.05 provides that a TSP for an aviation industry participant must contain a statement signed by the participant to the effect that the participant believes that the TSP gives effect to the participant’s obligation in subsection 16(1) of the Act. Subsection 16(1) of the Act requires a TSP to demonstrate that the participant: is aware of its general responsibility to contribute to the maintenance of aviation security; has developed an integrated, responsible and proactive approach to managing aviation security; is aware of, and has the capacity to meet, the specific obligations imposed on the participant under the Act; and has taken into account relevant features of the participant's operation in developing activities and strategies for managing aviation security.
Regulation 2.06 makes it an offence for a person to disclose information about the content of an aviation industry participant’s TSP without that participant’s consent. The maximum penalty for unauthorised disclosure is 50 penalty units. For example, an employee of an airside facility holder, such as a flying school who has a copy of part of, or all of, the TSP of an airport operator, participating in an interview on airport security must not discuss the contents of that TSP without the airport operator’s consent.
Regulation 2.07 gives a general description of the content of Division 2.2, which sets out the requirements for the content of a TSP for the operator of a security controlled airport.
Regulation 2.08 provides that Division 2.2 applies to the operator of a security controlled airport. In Division 2.2, the term ‘airport operator’ refers to the operator of a security controlled airport.
Regulation 2.09 sets out the scope of an airport operator’s TSP. It provides that the TSP must cover any aviation-security-related activity on the airport that is not covered by the TSP of any other aviation industry participant.
In preparing their TSP the airport operator should identify those other aviation industry participants within their airport that are required to prepare a TSP. For example, prescribed air service operators and regulated air cargo agents must have their own TSPs. However, airside facility operators may seek to join the TSP of an operator of a security controlled airport at which they are located.
Regulation 2.10 provides that an airport operator’s TSP must set out an outline of the objectives of the TSP. It must include, in an accompanying document: a statement outlining the local security risk context of the airport; a list of general threats and generic security risk events to people, assets, infrastructure and operations; and an outline of the people, assets, infrastructure and operations that need to be protected. This requirement may be satisfied by the operator attaching a copy of their security risk assessment to their TSP.
Regulation 2.11 prescribes the matters an airport operator’s TSP must deal with in relation to procedures for managing security.
Subregulation 2.11(1) requires the TSP to set out the procedures for managing security at the airport, including:
a) organisational structures and security management arrangements; and
b) roles and responsibilities of security contact officers, security staff, contractors and responding agencies; and
c) roles and responsibilities of other staff who have been assigned security duties and responsibilities; and
d) roles and responsibilities of other Commonwealth, State and Territory agencies, and local authorities, with security duties at the airport.
Subregulation 2.11(2) also requires the TSP to set out a mechanism for consultation for the purpose of coordinating security-related activities. The mechanism will apply to consultation between the operator and its employees, and also with third parties, such as police, aircraft operators, tenants and lessees.
It is envisaged that this mechanism may take the form of an airport security committee or some other consultative forum. The TSP is to set out, in an accompanying document, the terms of reference and membership of the security committee or other consultative arrangement (subregulation 2.11(3)).
Subregulation 2.11(4) requires the TSP to set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.
Subregulation 2.12(1) requires the TSP to set out quality control procedures, notably, provision for audits and reviews, and subregulation 2.12(2) requires the records of audits and reviews to be kept for 7 and 3 years respectively. (Audits and reviews are defined in regulation 2.01.)
Regulation 2.13 requires the TSP to describe the airport and its operations, with particular regard to security considerations. It must identify all aviation industry participants within the airport that are required to have a TSP, and are covered by the airport operator’s TSP or another aviation industry participant’s TSP (i.e. that participant’s own TSP). Subregulation 2.13(3) provides that the operator must notify the Secretary in writing of any changes to this information within 7 working days.
Contact details for the operator must also be set out in an accompanying document. The Secretary must be notified in writing of changes to these details within 2 working days (subregulation 2.13(5)).
It is a strict liability offence with a maximum penalty of 20 penalty units to fail to notify changes to the airport description, identification of participants, or contact details.
Regulation 2.13 also deals with co-ordination with other aviation industry participants in the airport. Subregulation 2.13(7) requires the operator to give each other aviation industry participant within the airport:
– contact details for the operator, including its security contact officer; and
– details of the procedures to make known the location of airside areas, airside security zones and landside security zones, and to check the identity of persons authorised to have access to those areas and zones.
The TSP must also require the airport operator to maintain a system to enable all aviation industry participants located within the airport to be contacted if an aviation transport security incident occurs (subregulation 2.13(8)).
If the airport operator’s TSP covers another aviation industry participant that is required to have a program or be covered by the operator’s TSP, subregulation 2.13(9) requires the operator’s TSP to be accompanied by a document that sets out contact information for each such participant.
Subregulation 2.14(1) provides that if an airport operator wishes the Secretary to establish an airside security zone or a landside security zone at the airport, the operator’s TSP must set out: the purpose of establishing the zone; the proposed boundaries of the zone; any period for which, or the circumstances in which, the zone will be in force; and the name or position of the person responsible for the security measures in relation to the zone. The TSP must set out security measures and procedures to monitor and control access to landside and airside security zones, including measures to detect and deter unauthorised access to those zones (subregulation 2.14(2)).
Paragraph 17(2)(a) of the Act requires an airport operator’s TSP to be accompanied by:
– a map showing the airside and landside areas, and any security zones for the airport, and
– a map showing any proposed changes to the areas and zones.
Subregulation 2.15(1) prescribes requirements as to the form of such maps.
Subregulation 2.15(2) also requires the TSP to include a map showing the location of regular and isolated aircraft parking positions.
In addition, if a screened air service operates from the airport, the TSP must include a map of the airport terminal showing the location of all screening points and landside security zones including sterile areas and a description and map of the airport’s apron or aprons. ‘Screened air service’ is defined in regulation 4.02. An airport operator’s TSP will define what an ‘apron’ for that airport is (subregulation 4.02(3)).
Subregulation 2.16(1) requires the TSP to set out the security measures and procedures to be used within the airport, and specifies the types of measures and procedures that are to be included. These include measures and procedures: to control airport access; to deter and detect unauthorised access into the airside area, airside or landside security zone; to be applied to unattended aircraft; to deal with unknown substances and unattended or suspect vehicles, baggage and cargo; and to ensure the security of passwords, keys, electronic access cards and other security privileges.
The TSP must specify which of the measures and procedures have been implemented, and must include a timetable for implementation of the others (subregulation 2.16(2)).
If a screened air service operates from the airport, the TSP must set out measures, equipment and procedures to carry out screening and clearing of persons and baggage, as well as the names of screening authorities that will undertake that function (subregulation 2.17(1)). Subregulation 2.17(2) sets out in more detail the matters that must be included in the TSP in relation to screening and clearing. ‘Screened air service’ is defined in regulation 4.02.
Certain airports are required by regulation 4.29 to have specified domestic checked baggage screening (CBS) capability.
Only screened and cleared checked baggage may be loaded onto an aircraft operating international air screened services (see regulation 4.24).
Subdivision 4.1.2 sets out the requirements for checked baggage screening. After
Subregulation 2.18(1) provides that if the airport operator carries out checked baggage screening itself, its TSP must include: measures, equipment and procedures to carry out that screening; measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; procedures to treat unattended and suspect baggage; and measures and procedures to respond to the detection of explosives.
Subregulation 2.18(2) provides that if a screened air service operates from the airport, but the airport operator does not carry out checked baggage screening itself, its TSP must specify the screening authority that carries out that screening on its behalf. For example, the operator of an international open charter operation operating from any airport will be required to ensure that checked baggage screening is carried out on all checked baggage it intends to carry.
This regulation provides that if a screened air service operates from the airport, the airport operator’s TSP must be accompanied by a document listing each facility that has direct access to the airside of the airport and is responsible for receiving, processing and clearing cargo.
The TSP must include measures and procedures relating to firearms, other weapons and prohibited items in the airport. This regulation provides that the airport operator must ensure that the procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State and Territory laws.
Subregulation 2.21(1) provides that the TSP must set out, in an accompanying document, additional security measures and procedures available in the event of a heightened security alert. Subregulation 2.21(2) specifies particular types of measures and procedures that must be included in that document. These include, for example, procedures for responding to threats and breaches of security, and procedures for evacuation and emergency management in case of an aviation security incident, such as a hijacking or a bomb threat.
The TSP must set out the criteria for selecting the security contact officer and any training to be given to the person selected (subregulation 2.22(1)).
It must also specify the other personnel who have been assigned particular security duties and responsibilities, and set out their duties and responsibilities, relevant knowledge, skills and other requirements, and the training or qualifications that satisfy those requirements (subregulations 2.22(2) and (3)).
The TSP must also deal with security awareness training for those staff who require such training (subregulation 2.22(4)). Not all of an airport operator’s staff may need to undergo security awareness training.
Regulation 2.23 applies to the operators of the airports listed in the regulation, which are capital cities of each State and Territory, as well as the major regional airports at
This regulation sets out transitional arrangements for the 39 airports that were categorised under the Air Navigation Act 1920 (the ANA). The purpose of the system of categorisation was to assist with the application of security measures to the airports. Providing for a categories of airport (ranging from category 1 to category 5) allowed for some variation of the security measures between the different categories. Section 22ZJ of the ANA obliged the operator of each categorised airport to ensure it had an approved airport security program and that it complied with that program.
Subregulation 2.24(1) provides that if an airport operator has an approved airport security program under the ANA, that program will continue in force, as if it were a TSP during a transitional period (until the end of 9 March 2007, when this regulation ceased to have effect). However, the operator must submit a draft TSP that complies with the Act and the Regulations before
Subregulation 2.24(3) provides that for the purposes of the application of the transitional program, a reference to the security restricted area is taken to mean the airport security zone known as the security restricted area. The purpose of this subregulation is to ensure that the obligations for displaying an ASIC (see regulation 3.03) apply to that security restricted area.
Regulation 2.25 gives a general description of the content of Division 2.3, which sets out the requirements for the content of a TSP for the operator of a prescribed air service. An air service is a prescribed air service if it is of a kind listed in regulation 1.06.
Regulation 2.26 provides that Division 2.3 applies to the operator of a prescribed air service. In Division 2.3, the term ‘aircraft operator’ refers to the operator of a prescribed air service.
Regulation 2.27 sets out the scope of an aircraft operator’s TSP. It provides that the TSP must cover any aviation-security-related activity that is relevant to the aircraft operator’s operations, including significant facilities on security controlled airports.
Regulation 2.28 provides that an aircraft operator’s TSP must set out an outline of the objectives of the TSP. It must include, in an accompanying document: a statement outlining the local security risk context of the operator; a list of general threats and generic security risk events to people, assets, infrastructure and operations; and an outline of the people, assets, infrastructure and operations that need to be protected.
Regulation 2.29 prescribes the matters an aircraft operator’s TSP must deal with in relation to procedures for managing security.
Subregulation 2.29(1) requires the TSP to set out the procedures for managing security at the aircraft operator’s facilities, including:
a) organisational structures and security management arrangements; and
b) roles and responsibilities of security contact officers, security staff, contractors and responding agencies; and
c) roles and responsibilities of other staff who have been assigned security duties and responsibilities; and
d) roles and responsibilities of other Commonwealth, State and Territory agencies, and local authorities with security duties at the facility.
Subregulation 2.29(2) also requires the TSP to set out a mechanism for consultation for the purpose of coordinating security-related activities. The mechanism would apply to consultation between the operator and the operator of a relevant security controlled airport and its employees, and also with third parties, such as police, tenants and lessees.
Subregulation 2.29(3) requires the TSP to set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.
Subregulation 2.30(1) requires the TSP to set out quality control procedures, notably provision for audits and reviews, and subregulation 2.30(2) requires the records of audits and reviews to be kept for 7 and 3 years respectively. (Audits and reviews are defined in regulation 2.01.)
Subregulation 2.31(1) requires the TSP or an accompanying document to set out details relating to the operator’s name; the location of its operational facilities located within a security-controlled airport as declared under subsection 28(2) of the Act; the types of aircraft operations it carries on (including, but not limited to, prescribed air services as defined in regulation 1.06 - for example, pilot training services); and details of its operational facilities.
Subregulation 2.31(2) requires the operator to notify the Secretary in writing of any changes to the details notified under subregulation 2.31(1). Changes must be notified within 7 working days.
Subregulation 2.31(3) requires that a document accompany the TSP that sets out certain contact details relating to the operator.
Subregulation 2.31(4) requires the operator to notify the Secretary in writing of any changes to the details notified under subregulation 2.31(3). Changes must be notified within 2 working days.
It is a strict liability offence with a maximum penalty of 20 penalty units to fail to notify changes as required by subregulations 2.31(2) and 2.31(4).
Regulation 2.31 also deals with co-ordination with each security controlled airport at which the aircraft operator has a facility. Subregulation 2.31(6) requires the operator of a prescribed air service to give the operator of each security controlled airport at which it has a facility:
– contact details for the facility, including its security contact officer; and
– details of the procedures to make known the location of airside areas, airside security zones and landside security zones within the boundaries of the airport and to check the identity of persons authorised to have access to those areas and zones.
Subregulation 2.32(1) requires the TSP to set out the security measures and procedures to be used within the aircraft operator’s facilities and specifies types of measures and procedures that are to be included, for example, measures and procedures: to control access; to deter and detect unauthorised access into the airside area or an airside or landside security zone; to be applied to unattended aircraft; to deal with unknown substances and unattended or suspect vehicles, baggage and cargo; and to ensure the security of passwords, keys, electronic access cards and other security privileges.
The TSP must specify which of the measures and procedures have been implemented, and must include a timetable for implementation of the others (subregulation 2.32(2)).
The TSP must include measures and procedures relating to firearms, other weapons and prohibited items. This regulation provides that the aircraft operator must ensure that the procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State and Territory laws.
The TSP must include details of the aircraft operator’s check-in and boarding procedures. This regulation provides that those details must include the procedures for dealing with anomalies in passenger reconciliation that arise during the check-in and boarding process, for example, two persons presenting themselves as the same passenger or a passenger who has checked in but does not board the aircraft.
If the aircraft operator carries out passenger or crew screening, then the TSP must set out a number of details relating to screening and clearing procedures (subregulation 2.35(1)). These details must include:
– measures, equipment and procedures for screening and clearing passengers or crew, and their carry-on baggage, including the locations, screening equipment and screening equipment operators involved;
– measures and equipment for screening transit passengers, including transit passengers who cannot leave the aircraft during transit;
– measures and procedures for controlling passenger movement, including ensuring screened departing passengers do not mix with unscreened arriving passengers;
– measures and procedures for handling diplomats and other VIPs, government couriers and diplomatic bags, passengers with reduced mobility or a medical condition, persons in custody and transit passengers;
– measures and procedures for dealing with suspect passengers or carry-on baggage, and for handling suspect passenger behaviour, including the use of restraints; and
– measures and procedures for dealing with sterile area breaches, including recovery plans.
If an aircraft operator does not carry out its own screening of passengers or crew, its TSP must specify which screening authorities carry out the screening on its behalf (subregulation 2.35(2)). The Secretary specifies which persons can be screening authorities for a security controlled airport (regulation 4.03).
This provides that the TSP must include measures to ensure that information about passenger and crew movements is protected.
Certain airports are required by regulation 4.29 to have checked baggage screening.
Subregulation 2.37(1) provides that if the aircraft operator carries out the checked baggage screening itself, its TSP must include: measures, equipment and procedures to carry out that screening; measures and procedures for questioning of passengers, such as the questions asked and how the staff respond to an adverse or questionable answer; measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; procedures to treat unattended and suspect baggage; and measures and procedures to respond to the detection of explosives.
Where the aircraft operator does not carry out checked baggage screening itself, its TSP must specify the screening authorities that carry out this screening on its behalf (subregulation 2.37(2)). The Secretary specifies which persons can be screening authorities for a security controlled airport (regulation 4.03).
This regulation provides that the TSP must include measures and procedures to ensure that checked baggage transported on an aircraft belongs to the passengers on that flight. These measures and procedures include details of the equipment used to reconcile passengers and baggage; procedures for removing a passenger’s checked baggage from a flight where the passenger fails to board that flight; and procedures for clearing baggage that has been unloaded before it is reloaded onto the same or a different aircraft.
The TSP must also include details of procedures for identifying the unaccompanied baggage and any additional security measures, such as screening, applied to the unaccompanied baggage.
Under regulation 2.39, the TSP must include measures and procedures for: preventing the unlawful carriage of a firearm, another weapon or a prohibited item on an aircraft; deterring unauthorised access to aircraft at all times; preventing unauthorised entry to an aircraft’s flight deck at all times; assessing, identifying and responding to unknown substances on an aircraft; investigating, securing and removing unattended and suspect items on an aircraft, including baggage and cargo; and maintaining the security of operators’ stores (for example, in-flight meals) taken on board the aircraft.
This regulation provides that the TSP must include measures and procedures for ensuring the security of aircraft cleaning operations. This includes ensuring the security of cleaning materials to be taken on board an aircraft that are stored at a facility controlled by the operator.
If the operator operates a screened air service and clears cargo itself, the TSP must set out details of the measures, equipment and procedures for clearing cargo; types of cargo exempt from these clearing measures and procedures; and the procedures and criteria for the receipt, acceptance and handling of courier articles, express parcels and mail (subregulation 2.41(1)).
If the operator does not clear cargo itself, the TSP must specify the aviation industry participant that clears cargo on its behalf (subregulation 2.41(2)).
The TSP must also set out measures and procedures for ensuring the security of cargo (including courier articles, express parcels and mail) at all times, including setting out measures and procedures relating to diplomatic mail. The TSP must also set out measures and procedures for dealing with suspect cargo.
This regulation provides that the TSP must include measures and procedures for controlling access to the aircraft operator’s operational documents, including electronic documents. Examples include baggage tags, boarding passes and tickets.
Under subregulation 2.43(1), the TSP must set out, in an accompanying document, additional security measures and procedures available in the event of a heightened security alert.
Subregulation 2.43(2) sets out particular types of measures and procedures that must be included in that document. These include, for example, procedures for responding to threats and breaches of security, and procedures for evacuation and emergency management in case of an aviation security incident, such as a hijacking or a bomb threat.
This regulation provides that the TSP must describe the procedures by which the aircraft operator will pass on compliance control directions to the pilot in command of the aircraft concerned. Compliance control directions are those directions issued by an aviation security inspector under section 74B of the Act. Similarly, the TSP must describe the procedures by which the aircraft operator will pass on incident control directions, issued by the Secretary under section 74D of the Act, to the pilot in command of an aircraft.
If another document sets out these procedures, it is sufficient for the TSP to refer to that document as containing the procedures (subregulation 2.44(3)).
The TSP must set out the criteria for selecting the security contact officer and any training to be given to the person selected (subregulation 2.45(1)).
It must also specify the other personnel who have been assigned particular security duties and responsibilities, and set out their duties and responsibilities, relevant knowledge, skills and other requirements, and the training or qualifications that satisfy those requirements (subregulations 2.45(2) and (3)).
The TSP must also deal with security awareness training for operational staff (subregulation 2.45(4)).
This provision sets out transitional arrangements. If an aircraft operator has an approved airport security program under the Air Navigation Act 1920, that program will continue in force, as if it were a TSP, during a transitional period (until the end of
Regulation 2.47 gives a general description of the content of Division 2.4, which sets out the requirements for the content of a TSP for a regulated air cargo agent (or RACA). A person is a RACA if he or she carries on a business that includes the handling of cargo (or making arrangements for transport of cargo) to be carried on a prescribed air service, and his or her name appears on the Secretary’s list of regulated air cargo agents (regulation 4.42).
Regulation 2.48 sets out the scope of a RACA’s TSP. It provides that the TSP must cover the measures and procedures the RACA will use to handle, store and transport cargo securely, or make arrangements for the secure movement of cargo. The TSP must cover these procedures from the time the RACA accepts the cargo until the time the cargo reaches the cleared area or zone of a security controlled airport, or a prescribed aircraft, or another RACA.
Where the RACA’s TSP covers aviation-security-related activities on the airport, the airport operator’s TSP does not need to cover those facilities (regulation 2.09).
Regulation 2.49 provides that a RACA’s TSP must set out an outline of the objectives of the TSP. It must include, in an accompanying document: a statement outlining the local security risk context of the RACA; a list of general threats and generic security risk events to people, assets, infrastructure and operations; and an outline of the people, assets, infrastructure and operations that need to be protected.
Regulation 2.50 sets out further general matters that the RACA’s TSP must deal with, including:
a) measures and procedures for deterring and detecting unauthorised carriage of explosives to prevent unlawful interference with aviation;
b) methods to prevent unauthorised persons from accessing cargo from the time it reaches the cleared area or zone of a security controlled airport, or a prescribed aircraft, or another RACA, until the time it is delivered to the operator of a prescribed aircraft or RACA; and
c) the keeping of accurate records of cargo and the security measures adopted in relation to that cargo.
The TSP must include details of the methods, equipment and procedures that the RACA will use to deter and detect the unauthorised carriage, as cargo, of explosives that could potentially be used in the course of an act of unlawful interference with aviation. The procedures would allow for circumstances in which equipment that would usually be used is unavailable through failure or unserviceability.
The TSP must set out measures and procedures for ensuring the security of cargo at all times and for dealing with suspect cargo. The TSP must also provide information management measures, namely:
a) measures preventing unauthorised disclosure of information about the air cargo security measures that apply to cargo the RACA deals with;
b) procedures for informing customers of the circumstances in which specific security measures will not be applied to cargo (for example, that cargo moving within Australia will not be x-rayed with a machine strong enough to damage photographic film);
c) measures to prevent aircraft operator and flight details being revealed, prior to the RACA receiving the cargo, to anyone not needing to know; and
d) details of the persons who will be given such flight or carrier information (for example, courier services operating under a contract with the RACA) and how it will be communicated (for example, by facsimile).
Regulation 2.52 prescribes the matters a RACA’s TSP must deal with in relation to procedures for managing security at each of its facilities.
Subregulation 2.52(1) requires the TSP to set out the procedures for managing security at the RACA’s facilities, including:
a) organisational structures and security management arrangements; and
b) roles and responsibilities of security contact officers, security staff, contractors and responding agencies; and
c) roles and responsibilities of other staff who have been assigned security duties and responsibilities; and
d) roles and responsibilities of other Commonwealth, State and Territory agencies, and local authorities, with security duties at the facility.
Subregulation 2.52(2) also requires the TSP to set out a mechanism for consultation for the purpose of coordinating security-related activities. The mechanism would apply to consultation within the RACA’s organisation and each of its sites covered by the TSP; between the RACA and any security controlled airport at which it has a facility; between the RACA and its employees; and between the RACA and relevant third parties, such as aircraft operators.
Subregulation 2.52(3) requires the TSP to set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.
Subregulation 2.53(1) requires the TSP to set out quality control procedures, notably, provision for audits and reviews, and subregulation 2.53(2) requires the records of audits and reviews to be kept for 7 and 3 years respectively. (Audits and reviews are defined in regulation 2.01.)
Subregulation 2.54(1) requires that an accompanying document to the TSP set out details relating to all sites that operate on the RACA’s behalf (including, for example, sites operated by persons contracted to provide a service to RACA) as well as all sites covered by the TSP. Subregulation 2.54(2) specifies that the information required is: details of the name (if it has one) of each site or facility; each site’s location; details of operations at those sites that may require security considerations; a map of the boundaries of any facility the RACA has at a security controlled airport, any airside or landside operations the RACA is responsible for; the hours of normal operation of each site; and details of the security procedures applying to each site outside its normal hours of operation.
Subregulation 2.54(3) requires the RACA to notify the Secretary in writing of any changes to the details notified under subregulations 2.54(1) or 2.54(2). Changes must be notified within 7 working days.
Subregulation 2.54(4) requires that a document accompany the TSP and set out certain contact details relating to the RACA.
Subregulation 2.54(5) requires the RACA to notify the Secretary in writing of any changes to the details notified under subregulation 2.54(4). Changes must be notified within 2 working days.
It is a strict liability offence with a maximum penalty of 20 penalty units to fail to notify changes as required by subregulations 2.54(3) and 2.54(5).
Regulation 2.54 also deals with co-ordination with each security controlled airport at which the RACA has a facility. Subregulation 2.54(7) requires the RACA to give the operator of each security controlled airport at which it has a facility:
– contact details for the RACA including its security contact officer; and
– details of the procedures to make known the location of airside areas, airside security zones and landside security zones within the boundaries of the airport, and the procedures to check the identity of persons authorised to have access to those areas and zones.
Subregulation 2.55(1) requires the TSP to set out the security measures and procedures to be used within each of the RACA’s facilities, and specifies types of measures and procedures that are to be included. For example, measures and procedures: to control access; to deter and detect unauthorised access into the airside area, a security zone, or a RACA’s facilities; to deal with unknown substances and unattended or suspect vehicles, baggage and cargo; to ensure the security of passwords, keys, electronic access cards and other security privileges; to ensure the proper maintenance of security equipment; and for preparing cargo for clearance.
The TSP must specify which of the measures and procedures have been implemented, and must include a timetable for implementation of the others (subregulation 2.55(2)).
This provides that the TSP must include methods for ensuring the RACA’s operational staff are aware of restrictions on the possession and use of firearms, other weapons and prohibited items. The RACA must ensure that the procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State and Territory laws.
Under subregulation 2.57(1), the TSP must set out, in an accompanying document, additional security measures and procedures available in the event of a heightened security alert.
Subregulation 2.57(2) sets out particular types of measures and procedures that must be included in that document. These include, for example, procedures for responding to threats and breaches of security, and procedures for evacuation and emergency management in case of an aviation security incident, such as a hijacking or a bomb threat.
The TSP must set out the criteria for selecting the security contact officer and any training to be given to the person selected (subregulation 2.58(1)).
It must also specify the other personnel who have been assigned particular security duties and responsibilities, and set out their duties and responsibilities, relevant knowledge, skills and other requirements, and the training or qualifications that satisfy those requirements (subregulations 2.58(2) and (3)).
The TSP must also deal with security awareness training for operational staff (subregulation 2.58(4)).
Regulation 2.59 sets out the position of franchisees and subsidiaries of a RACA, and persons who have a contract with the RACA to provide the RACA with a service for the movement or handling, or the making of arrangements for the movement or handling, of cargo. Regulation 2.59 provides that if these bodies are aviation industry participants (as defined in the Act) then the RACA’s TSP must cover them as well.
Regulation 2.60 provides for special procedures for a RACA’s regular customers regarding cargo that is carried internationally. The TSP must contain procedures for receiving cargo from regular customers, as well as a form of undertaking required from regular customers that they will take appropriate security measures to prevent the unauthorised carriage of an explosive or an explosive device (paragraphs 2.60(b) and 2.60(c)).
Regular customers are not defined in the regulations. Instead, the RACA nominates who it considers its regular customers to be, and securely maintains a list of those customers, including the reason why they were included on the list and the date they were included (paragraph 2.60(a)).
This regulation provides that the TSP must include procedures to ensure consignors of cargo are made aware that the cargo they consign will be subject to security and clearing procedures, and that it is illegal to consign as cargo an explosive or an explosive device.
Regulation 2.62 defines “air facility operator” for the purpose of Division 2.5. It adopts the definition in paragraph 2.03(b) of the Regulations, which refers to “an aviation industry participant that occupies or controls an area at a security controlled airport that has direct access to the airside of the airport”. An example would be the operator of a fuel storage area located on the airside boundary with direct airside access or an operator of an airport or air service that is situated on the airside boundary that has direct airside access.
However, an airside facility operator does not include the operator of a facility located on the airside boundary that does not have direct airside access via its facility.
Regulation 2.63 gives a general description of the content of Division 2.5, which sets out the requirements for the content of a TSP for an airside facility operator.
Regulation 2.64 sets out the scope of an airside facility operator’s TSP. It provides that the TSP must cover any aviation-security-related activities that is relevant to the airside facility operator’s operations.
Where the airside facility operator’s TSP covers aviation-security-related activities on the airport, the airport operator’s TSP does not need to cover those activities (regulation 2.09) unless requested to do so by the airside facility operator (subregulation 2.74(4)).
Regulation 2.65 provides that an airside facility operator’s TSP must set out an outline of the objectives of the TSP. It must include, in an accompanying document: a statement outlining the local security risk context of the operator’s facility; a list of general threats and generic security risk events to people, assets, infrastructure and operations; and an outline of the people, assets, infrastructure and operations that need to be protected.
Regulation 2.66 prescribes the matters an airside facility operator’s TSP must deal with in relation to procedures for managing security at its facility.
Subregulation 2.66(1) requires the TSP to set out the procedures for managing security at the airside facility operator’s facility, including:
a) organisational structures and security management arrangements; and
b) roles and responsibilities of security contact officers, security staff, contractors and responding agencies; and
c) roles and responsibilities of other staff who have been assigned security duties and responsibilities; and
d) roles and responsibilities of other Commonwealth, State and Territory agencies, and local authorities, with security duties at the facility.
Subregulation 2.66(2) also requires the TSP to set out a mechanism for consultation, for the purpose of coordinating security-related activities. The mechanism will apply to consultation between the airside facility operator and the operator of the airport at which the facility is located; between the airside facility operator and its employees; and between the airside facility operator and relevant third parties, such as police.
Subregulation 2.66(3) requires the TSP to set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.
Subregulation 2.67(1) requires the TSP to set out quality control procedures, notably, provision for audits and reviews, and subregulation 2.67(2) requires the records of audits and reviews to be kept for 7 and 3 years respectively. (Audits and reviews are defined in regulation 2.01.)
Subregulation 2.68(1) requires that the TSP set out details relating to the operator’s airside facility, in particular the name (if it has one) of the facility; the facility’s location; details of operations at the facility that may require security considerations; a map showing the boundaries of the facility on the airport, any airside or landside operations the airside facility operator is responsible for; the facility’s normal hours of operation; and details of the security procedures applying to the facility outside its normal hours of operation.
Subregulation 2.68(2) requires the airside facility operator to notify the Secretary in writing of any changes to the details notified under subregulation 2.67(1). Changes must be notified within 7 working days.
Subregulation 2.68(3) requires that a document accompany the TSP set out certain contact details relating to the airside facility provider.
Subregulation 2.68(4) requires the airside facility operator to notify the Secretary in writing of any changes to the details notified under subregulation 2.68(3). Changes must be notified within 2 working days.
It is a strict liability offence with a maximum penalty of 20 penalty units to fail to notify changes as required by subregulations 2.68(2) and 2.68(4).
Regulation 2.68 also deals with co-ordination with each security controlled airport at which the airside facility is located. Subregulation 2.68(6) requires the airside facility operator to give the airport operator:
– contact details for the airside facility operator, including its security contact officer; and
– details of the airside facility operator’s procedures to make known the location of airside areas, airside security zones and landside security zones within the boundaries of the airport, and the procedures to check the identity of persons authorised to have access to those areas and zones.
Subregulation 2.69(1) requires the TSP to set out the security measures and procedures to be used within the airside facility operator’s facility and specifies types of measures and procedures that are to be included. For example, measures and procedures: to control access; to deter and detect unauthorised access into the airside area or a security zone; to deal with unknown substances and unattended or suspect vehicles, baggage and cargo; and to ensure the security of passwords, keys, electronic access cards and other security privileges.
The TSP must specify which of the measures and procedures have been implemented, and must include a timetable for implementation of the others (subregulation 2.69(2)).
This regulation provides that the TSP must include specified measures and procedures relating to firearms, other weapons and prohibited items. The airport operator must ensure that the procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State and Territory laws.
Under subregulation 2.71(1), the TSP must set out, in an accompanying document, additional security measures and procedures available in the event of a heightened security alert. Subregulation 2.71(2) sets out particular types of measures and procedures that must be included in that document.
These include, for example, procedures for responding to threats and breaches of security, and procedures for evacuation and emergency management in case of an aviation security incident, such as a hijacking or a bomb threat.
The TSP must set out the criteria for selecting the security contact officer and any training to be given to the person selected (subregulation 2.72(1)).
It must also specify the other personnel who have been assigned particular security duties and responsibilities, and set out their duties and responsibilities, relevant knowledge, skills and other requirements, and the training or qualifications that satisfy those requirements (subregulations 2.72(2) and (3)).
The TSP must also deal with security awareness training for operational staff (subregulation 2.72(4)).
This provision sets out transitional arrangements. If an airside facility operator is located at an airport that had an approved airport security program under the Air Navigation Act 1920, as in force on
If an airside facility operator is located at an airport that did not have such an approved airport security program as in force on
Regulation 2.74 provides a mechanism for an airside facility operator to join the TSP of the operator of the security-controlled airport at which the airside facility operator’s facility is located. If an airside facility operator uses this mechanism and joins an airport operator’s TSP it is taken to have complied with its obligation to have a TSP (subregulation 2.74(1)).
Subregulation 2.74(2) sets out the particular requirements of a joint TSP. The joint TSP must set out the respective participants’ security responsibilities; contain a statement from each participant accepting its responsibilities under the joint TSP; contain an acknowledgement that the joint TSP is in force for all the participants once it is approved; and set out the security measures and procedures to be used within each airside facility. These requirements are additional to the formal contract requirements of the airport operator’s TSP.
If an airside facility operator asks in writing to join the TSP of the operator of the airport at which they are located, the airport operator cannot refuse to allow the airside facility operator to join their TSP (subregulation 2.74(4)). The airport operator must give all the relevant parts of the TSP to the airside facility operator (subregulation 2.74(5)), keeping a record of all parts of its TSP given to airside facility operators for themselves (subregulation 2.74(7)). The airport operator is not required to give the airside facility operator a copy of any part of its TSP that does not apply to that airside facility operator (for example, if the airside facility operator is not required to screen passengers then the sections relating to the screening of passengers departing from the airport will not be provided to them) (subregulation 2.74(6)).
Airside facility operators should be active in the development of parts of joint TSPs that will apply to their operations.
If they wish to join the airport operator’s TSP, the airside facility operator must accept the relevant parts of the joint TSP, by notice in writing to the operator, within 14 days. Otherwise, there is no agreement (subregulations 2.74(8) and (9)) and the airside facility operator must prepare its own TSP. The airside operator joins the airport operator’s TSP by being a party to the application for approval of the TSP (subregulation 2.74(3)). Once the Secretary approves the TSP it is in force in relation to all the participants who applied for approval of the TSP.
Regulation 2.75 explains that throughout Division 2.6 a reference to “AA” is a reference to Airservices
Regulation 2.76 gives a general description of the content of Division 2.6, which sets out the requirements about the content of a TSP for Airservices
Regulation 2.77 sets out the scope of Airservices
Where Airservices
Regulation 2.78 provides that Airservices Australia’s TSP must set out an outline of the objectives of the TSP. It must include, in an accompanying document: a statement outlining the local security risk context of each of Airservices
Regulation 2.79 prescribes the matters Airservices
Subregulation 2.79(1) requires the TSP to set out the procedures for managing security at these facilities, including:
a) organisational structures and security management arrangements; and
b) roles and responsibilities of security contact officers, security staff, contractors and responding agencies; and
c) roles and responsibilities of other staff who have been assigned security duties and responsibilities; and
d) roles and responsibilities of other Commonwealth, State and Territory agencies, and local authorities, with security duties at the facility.
Subregulation 2.79(2) also requires the TSP to set out a mechanism for consultation for the purpose of coordinating security-related activities. The mechanism would apply to consultation between AA and the operator of the airport at which the facilities are located; between AA and its employees; and between AA and relevant third parties, such as police.
Subregulation 2.79(3) requires the TSP to set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.
Subregulation 2.80(1) requires the TSP to set out quality control procedures, notably, provision for audits and reviews, and subregulation 2.80(2) requires the records of audits and reviews to be kept for 7 and 3 years respectively. (Audits and reviews are defined in regulation 2.01.)
Subregulation 2.81(1) requires that the TSP be accompanied by a document that sets out details relating to each of Airservices Australia’s aviation-related facilities that is covered by the TSP. Examples of aviation-related facilities include airport fire stations, air traffic control facilities, aeronautical navigation facilities, and telecommunications and surveillance facilities used in direct connection with aviation activities.
Subregulation 2.81(2) specifies that the information required is: the facility’s location; whether the facility is located within a security controlled airport; if the facility is within a security controlled airport, a map showing the boundaries of the facility; details of the type of operations carried out by the facility, including joint-user facilities and other significant operations that may require security considerations; the facility’s normal hours of operation; and details of the security procedures applying to the facility outside its normal hours of operation.
Subregulation 2.81(3) requires that the TSP set out certain contact details relating to Airservices
In addition, subregulation 2.81(5) requires Airservices
Regulation 2.81 also deals with co-ordination with each security controlled airport at which Airservices Australia has a facility. Subregulation 2.81(6) requires Airservices Australia to give the airport operator contact details for Airservices Australia’s facility, including either Airservices Australia’s general security contact officer or the security contact officer for the specific Airservices Australia facility.
Subregulation 2.82(1) requires the TSP to set out the security measures and procedures to be used within Airservices
The TSP must specify which of the measures and procedures have been implemented, and must include a timetable for implementation of the others (subregulation 2.82(2)).
This provides for the TSP must include specified measures and procedures relating to firearms, other weapons and prohibited items. Airservices
Under subregulation 2.84(1), the TSP must set out, in an accompanying document, additional security measures and procedures available in the event of a heightened security alert. Subregulation 2.84(2) sets out particular types of measures and procedures that must be included in that document. These include:
a) procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and
b) procedures for reporting aviation security incidents, or security breaches including occurrences that threaten the security of an AA facility within a security controlled airport; and
c) procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including bomb threats and critical security equipment failures; and
d) procedures for responding to any special security directions given by the Secretary, including procedures to communicate directions within a security controlled airport; and
e) procedures for raising the awareness and alertness of staff to security threats and responsibility to report aviation security incidents and breaches; and
f) details of any other security contingency procedures and plans.
This regulation provides that the TSP must describe the procedures by which Airservices Australia will pass on compliance control directions to the pilot in command of the aircraft concerned. Compliance control directions are those directions issued by an aviation security inspector under section 74B of the Act. Similarly, the TSP must describe the procedures by which Airservices Australia will pass on incident control directions, issued by the Secretary under section 74D of the Act, to the pilot in command of an aircraft.
If another document sets out these procedures, it is sufficient for the TSP to refer to that document as containing the procedures (subregulation 2.85(3)).
The TSP must set out the criteria for selecting the security contact officer and any training to be given to the person selected (subregulation 2.86(1)).
It must also specify the other personnel who have been assigned particular security duties and responsibilities, and set out their duties and responsibilities, relevant knowledge, skills and other requirements and the training or qualifications that satisfy those requirements (subregulations 2.86(2) and (3)).
The TSP must also deal with security awareness training for operational staff (subregulation 2.86(4)).
Part 3 deals with airport areas and zones. There are 5 Divisions within this Part. The system for management of security at security controlled airports is based on the division of those airports into an airside and a landside area. The purpose of specifying an airside area is to control access to operational areas of those airports. Airside and landside areas are further divided into security zones. The purpose of defining airside and landside security zones is to subject those zones to stricter or more specialised controls than those applying generally to the airside or landside areas.
A secure area of a security controlled airport is either the airside area (including airside security zone) or a landside security zone.
Access to the airside area (including airside security zone) and landside security zones is restricted to authorised persons displaying valid ASICs or VICs, unless exempt. There are also requirements relating to the physical delineation of the relevant areas and zones. Division 3.5 makes special provision for the counter-terrorist first response function.
This Division establishes the areas and zones of security controlled airports.
These regulations prescribe, in accordance with sections 31 and 33 of the Act, different types of airside and landside security zones. There is only one type of airside security zone, it is to be known as the security restricted area. There are four types of landside security zones: sterile area, fuel storage zone, air traffic control facilities zone and the navigational aids zone.
The airside security zone has been named the ‘security restricted area’ and one of the landside security zones has been named the ‘sterile area’, for the sake of consistency with terminology used in the Air Navigation Act 1920 (ANA) and Air Navigation Regulations 1947 (ANR).
A diagram of a typical security controlled airport is included in the Note to regulation 3.02.
This Division deals with the control of access to secure areas by prescribing requirements concerning the display and use of ASICs and VICs.
Subregulation 3.03(1) provides that subject to subregulations (4), (5) and (7), regulations 3.05 to 3.09 inclusive (providing for exceptions) and subregulations 3.18(2) and 3.26(2) (providing other exceptions), a person in the airside security zone of a security controlled airport must properly display a valid red ASIC. A person in a secure area other than the airside security zone must properly display either a valid red ASIC or a valid grey ASIC (see subregulations 6.33 and 6.37 for the form of ASICs). The obligations in subregulation (1) also apply to crew (defined in regulation 1.03). Contravention of subregulation (1) is an offence of strict liability attracting a maximum penalty of 5 penalty units.
Subregulation 3.03(4) provides that subregulation (1) does not apply in relation to a security controlled airport from or to which no regular public transport operation operates.
Subregulation 3.03(5) provides that subregulation (1) does not apply to a person who is in a part of the sterile area that is generally accessible to passengers or the public generally, or who is a passenger and:
(i) is boarding or disembarking from an aircraft by means of an aerobridge; or
(ii) is boarding or disembarking from an aircraft in the secure area (defined in regulation 1.03) and is moving reasonably directly between the aircraft and the terminal building.
Subregulation (1) does not apply until
This regulation, made pursuant to paragraph 44(2)(l) of the Act, places the onus on the screening authority to have and employ ‘supervision and control measures’ adequate to ensure that persons, goods and vehicles in the sterile area that have received clearance remain cleared. The ‘supervision and control measures’ must also meet the terms of subregulation 3.04(3).
The regulation also places the onus on an aircraft operator to have and employ supervision and control measures (qualified by subregulation 3.04(3)) adequate to ensure that:
a) persons in the airside area who have received clearance remain cleared while boarding or disembarking from a prescribed air service; and
b) goods and vehicles in the airside area that have received clearance remain cleared while being loaded onto or unloaded from a prescribed air service.
Supervision and control measures will be ‘adequate’ if they achieve their objectives.
Subregulation 3.04(3) provides that the supervision and control measures must ensure that passengers moving between the sterile area and an aircraft do not have access to a weapon or prohibited item if the aircraft is to operate a screened air service (defined in regulation 4.02).
This regulation describes which crew of foreign and state aircraft are exempt from displaying an ASIC in the secure area (defined in regulation 1.03). They are:
(i) a person who is either crew member of a foreign aircraft engaged in a regular public transport operation or charter operation; or crew member of a state aircraft and who is in uniform and displays appropriate identification issued by the aircraft operator or defence force or service; and
(ii) a person who is a member of a foreign defence force or service; is undergoing flight training; is in uniform; displays appropriate identification issued or authorised by the defence force or service of which he or she is a member; and is supervised by the holder of an ASIC.
This regulation provides that an Australian Defence Force member who is on duty guarding an aircraft; is in uniform; and displays appropriate identification as a member of the Defence Force is not required to display an ASIC in a secure area (defined in regulation 1.03).
This regulation provides that a cargo facilitator or passenger facilitator, as defined, is not required to display an ASIC in a secure area if he or she is escorted by an employee or officer of the operator of the aircraft on which the relevant cargo or passenger is or will be carried, or somebody else the facilitator has reason to believe is authorised to supervise facilitators in the secure area.
An aircraft operator must ensure that, as far as practicable, a facilitator does not enter, or stay in, a secure area unless the facilitator holds, and properly displays, an ASIC or is directed to enter the area and is escorted by a person referred to in paragraph (2)(a) or (b). A contravention by the aircraft operator is an offence of strict liability attracting a maximum penalty of 10 penalty units.
This regulation provides that a person given exemption under this regulation need not display an ASIC in a secure area.
The Secretary may give a person or persons in a specified class an exemption either upon that person’s written application or on the Secretary’s own initiative. A ‘class exemption’ is required to be published in the Gazette.
The Secretary must, before giving or refusing an exemption, consider:
a) why the exemption is necessary; and
b) the likely effect of the proposed exemption on aviation security at the airport; and
c) how long the proposed exemption will last, if it is given; and
d) anything else relevant that the Secretary knows about.
The Secretary may give an exemption for a set period and subject to condition(s) set out in the exemption. The exemption may be limited to a part of a secure area. An example of a possible condition may be a requirement that the person is only entitled to the exemption when he or she is carrying out particular duties or discharging particular functions.
An exemption does not authorise the person to pass through a screening point without being screened, or enter a secure area or prescribed aircraft other than through a screening point.
This regulation provides a person who is properly displaying a valid VIC need not display an ASIC in the secure area to which the VIC allows access. A person displaying a VIC needs to be supervised by the holder of a valid ASIC while in a secure area.
Subregulation 3.09(2) obliges the holder of a valid ASIC who supervised the holder of the VIC into the secure area to which the VIC allows access not to leave the holder of the VIC unsupervised in the secure area (unless the supervision of the VIC holder is taken over by another ASIC holder). A contravention of this subregulation is an offence of strict liability attracting a maximum penalty of 5 penalty units.
The holder of the VIC must leave the secure area if no holder of an ASIC is supervising him or her in the area. Contravention attracts a maximum penalty of 5 penalty units.
This regulation prohibits a person from intentionally using an identity card, or another type of card, to be in a secure area if he or she knows or believes that the card is not a valid ASIC or VIC. A person who has an identity card (other than an ASIC or a VIC) and uses that card to access their work place, for example, cannot intentionally use that card as an alternative to an ASIC or VIC in the secure area.
Contravention attracts a maximum penalty of 10 penalty units. This regulation does not apply to a person who is not required to properly display a valid ASIC in the secure area.
This regulation prohibits the holder of an ASIC or VIC from entering or staying in a secure area other than for a lawful purpose. Lawful purposes would include the purpose for which the ASIC or VIC was issued, for example, in the case of an ASIC, a purpose connected with the operational need for frequent access to the secure area. Contravention attracts a maximum penalty of 5 penalty units.
This regulation requires a person who facilitates passenger check-in or the handling of checked baggage at a security controlled airport to properly display a valid ASIC at all times while doing so regardless of whether the person is in a secure area or not. Contravention is an offence of strict liability attracting a maximum penalty of 5 penalty units.
This Division sets out requirements in relation to the control of airside areas and zones (see sections 35 and 36 of the Act).
This regulation defines exempt person to mean a law enforcement officer; a member of the Australian Defence Force who is responding to an event or threat of unlawful interference with aviation, or an ambulance, rescue or fire service officer who is responding to an emergency. (Note this definition is repeated in regulation 3.19 of the purposes of Division 3.4 and there is a separate definition of exempt person for the purposes of regulation 6.53).
This regulation defines responsible aviation industry participant in relation to an area or a zone, to mean:
a) in the case of an area or a zone that is covered by the TSP of an aviation industry participant - that aviation industry participant; or
b) in any other case— the operator of the security controlled airport at which the area or zone is located.
Aviation industry participant is defined in section 9 of the Act. Certain aviation industry participants are required, by section 12 of the Act, to have a TSP. This includes participants prescribed in regulation 2.03.
This regulation provides that in the case of where a boundary is both an airside area boundary and a security restricted area boundary, only the requirements for signs applicable to a security restricted area apply. As such, a painted sign on the ground along the boundary of the security restricted area would be acceptable.
This regulation is made pursuant to paragraph 35(2)(c) of the Act.
A notice published in the Gazette under section 28 of the Act must establish an airside area for the security controlled airport and show the boundaries of the airside area (subsection 29(1)).
This regulation prescribes the requirements for the fencing of and the provision of other physical barriers to entry to the airside area of a security controlled airport. These require:
a) subject to subregulation 3.15(2), a barrier sufficient to delineate the airside area. Note that by subregulation 3.15(2), these requirements do not apply to the airports for Alice Springs, Cairns, Coolangatta and the capital cities of each State and Territory (see subregulation 2.23 (1)).
b) effective access control points to permit authorised access to the airside area; and
c) patrolling, electronic surveillance or any other suitable measures to inspect the barriers for damage and to deter and detect unauthorised access to the airside area; and
d) if possible, illumination of the aircraft parking area, while a prescribed aircraft is parked there at night; and
e) signs, each at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), and in the number required by subregulation (5), fixed to the barrier. (Subregulation (4) sets out the requirements for the sign. Subregulation (5) requires there to be as many signs as are necessary to ensure that a person approaching the barrier and looking towards the airside is able to see at least 1 of the signs no matter where he or she stands); and
f) a sign at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (6), at every entrance to the airside area. (Subregulation 3.15(6) sets out the requirements for the sign).
By subregulations 3.15(8) and
Subregulation 3.15(3) prescribes the obligations of the responsible aviation industry participant for the airside area of the airport. The participant must ensure that the area can be entered only by:
– a person authorised to enter who is displaying a valid ASIC, or a person who is displaying a valid VIC who is under the supervision of a valid ASIC holder; or
– an exempt person; or
– a vehicle driven by an exempt person, or a person who is authorised to enter who is displaying a valid ASIC, or a person who is displaying a valid VIC who is under the supervision of a valid ASIC holder; or
– a person who holds a ticket for carriage on an aircraft that will take its passengers on board through the airside area; who is moving reasonably directly from the terminal exit to the aircraft, under the supervision of the aircraft or airport operator, for the purpose of boarding; or
– a person who arrived on board an aircraft that disembarked its passengers into the airside area, and is moving reasonably directly, under the supervision of the aircraft or airport operator, from the aircraft to the terminal entry.
Contravention of subregulations 3.15(1), (3), (4), (5) or (6) by the responsible aviation participant attracts a maximum penalty of 200 units where the offender is an airport operator or an aircraft operator, and in any other case a maximum penalty of 100 units penalty units.
This regulation takes effect when the Secretary establishes the security restricted area for the airport. It prescribes the additional security requirements applicable to a security restricted area.
Subregulation 3.16(3) obliges a responsible aviation industry participant to ensure that the security restricted area can only be entered by:
– a person authorised to enter who is displaying a valid red ASIC, or a person who is displaying a valid VIC or a valid grey ASIC who is under the supervision of a valid red ASIC holder; or
– an exempt person; or
– a vehicle driven by an exempt person or a person, who is authorised to enter and who is displaying a valid red ASIC, or a person displaying a valid VIC or a valid grey ASIC who is under the supervision of a valid red ASIC holder; or
– a person who holds a ticket for carriage on an aircraft that will take its passengers on board through the security restricted area who is moving reasonably directly from the terminal exit to the aircraft, under the supervision of the aircraft or airport operator, for the purpose of boarding; or
– a person who arrived on board an aircraft that disembarked its passengers into the security restricted area, and is moving reasonably directly, under the supervision of the aircraft or airport operator, from the aircraft to the terminal entry.
The subregulation also obliges the responsible aviation industry participant to ensure that:
– if access to the security restricted area or any part of it is not continuously controlled, the security restricted area or part is inspected before it is used;
– signs at least 0.4m wide by 0.3m high and otherwise complying with subregulation (4) are permanently fixed at the boundary of the security restricted area so that the warnings and statement on at least 1 sign can be seen from every entrance to the security restricted area; and
– if there is no security barrier the warning signs are placed in such a way that anybody entering the security restricted area knows that it is a security restricted area.
Subregulation 3.16(4) sets out the form of the signs required by paragraph 3.16(3)(c).
Until 9 March 2007, an airport operator is not required to comply with paragraph (3)(c) if the operator displays signs in the security restricted area of the airport that comply with Part 7 of the ANR (as in force on 9 March 2005).
Contravention of subregulation 3.16(3) is an offence attracting, in the case of an airport operator or an aircraft operator, a maximum penalty of 200 units and in any other case a maximum penalty of 100 units.
This regulation prohibits a person (other than a regulatory officer as defined) from:
a) entering an airside area or an airside security zone without the permission of the responsible aviation participant;
b) staying in an airside area or an airside security zone after being asked by the responsible aviation industry participant to leave;
c) taking a vehicle into an airside area or an airside security zone without the permission of the responsible aviation industry participant;
d) leaving a vehicle in an airside area or an airside security zone of a security controlled airport after being asked by the responsible aviation industry participant to remove the vehicle.
Contravention attracts a maximum penalty of 50 units.
Subregulation 3.17(6) clarifies that nothing in the regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law.
This regulation clarifies that an aviation industry participant is not to prevent any of the following having access to the airside area or security restricted zone:
a) members of the Australian Defence Force who are responding to an event or threat of unlawful interference with aviation; or
b) ambulance, rescue or fire services officers who are responding to an emergency.
A requirement to display an ASIC or VIC does not apply to a person referred to in paragraphs 3.18(1)(a) and (b).
These regulations are made pursuant to subsections 37(1) and (2) and subsections 38(1) and (2) of the Act. The Division sets out the requirements in relation to the control of landside areas and zones.
This regulation repeats, for the purposes of this Division dealing with control of landside areas and zones, the definitions of exempt person and of responsible aviation industry participant set out in regulation 3.13. Note also there is a separate definition of exempt person for the purposes of regulation 6.53.
This regulation prescribes the physical security requirements for sterile areas. It has effect in relation to an airport when the Secretary establishes a sterile area for an airport. The responsible aviation industry participant for a sterile area must ensure that:
a) at least 1 screening point (defined by section 9 of the Act as a ‘point where screening occurs’) is established and maintained; and
b) the sterile area is enclosed in a barrier sufficient to prevent cleared persons in the sterile area coming into contact with persons who are not cleared, and to prevent cleared persons getting access to anything from outside the sterile area that has not received clearance; and
c) appropriate measures are taken to deter and detect unauthorised access to the sterile area; and
d) a person entering the sterile area through the screening point is screened and cleared unless the person is of a class that is permitted to pass through a screening point without being screened (see regulations 4.09 and 4.10); and
e) a person entering the sterile area otherwise than through a screening point may only do so if he or she is of a class of persons permitted to do so under regulation 4.11; and
f) a vehicle that enters the sterile area is screened and cleared; and
g) goods that enter the sterile area are screened and cleared; and
h) a cleared vehicle is able to enter the sterile area only if it is authorised to do so and it is driven by a person who is authorised to enter the area who:
– properly displays a valid ASIC; or properly displays a valid VIC and is supervised by somebody who properly displays a valid ASIC; and
i) if the sterile area is not continuously used as a sterile area it is inspected before it is so used; and
j) signs at least 0.4m wide by 0.3m high, and otherwise complying with subregulation (4), are placed in such a way that anyone entering the sterile area knows that it is a sterile area.
Subregulation 3.20(4) sets out the requirements for the form of the sign required by paragraph 3.20(3)(j).
Until
Contravention of subregulation 3.20(3) attracts a maximum penalty of 200 penalty units.
This regulation, made pursuant to subsections 38(1) and (2) of the Act, prescribes the security requirements for all landside security zones other than a sterile area. Other requirements in relation to signage are prescribed by regulations 3.22, 3.23 and 3.24.
The responsible aviation industry participant for each zone must take precautions (for example, barriers patrolling or surveillance) that are reasonably sufficient to ensure that:
a) only an authorised person can enter the zone who
– properly displays a valid ASIC, or properly display a valid VIC and is supervised by someone authorised to enter the zone who properly displays a valid ASIC; and
b) only an authorised vehicle can enter the zone and that the vehicle is driven by an authorised person who properly displays a valid ASIC, or properly displays a valid VIC and is supervised by someone who is authorised to enter the zone who properly displays a valid ASIC.
Contravention of this regulation attracts a maximum penalty of 200 penalty units.
These regulations prescribe additional physical security requirements for fuel storage zones, air traffic control facilities zones and navigational aid zones. The regulations take effect in relation to an airport when the Secretary establishes the relevant zone for the airport.
The responsible aviation industry participant for a fuel storage zone or an air traffic control facilities zone must ensure that signs, each at least 0.4m wide by 0.3 m high and complying with subregulation (4) (of each regulation) are permanently fixed at the boundary of the zone so that the warning and statement on at least 1 sign can be seen from every point on the boundary (subregulation (3)). The responsible aviation industry participant for a navigational aid zone must ensure that signs, each at least 0.4m wide by 0.3 m high and complying with subregulation 3.24 (4), are placed in such a way that anyone who enters the zone knows that it is a navigational aids zone.
Contravention of subregulation (3) of regulations 3.22, 3.23 or 3.24 attracts a maximum penalty of 200 penalty units.
The definition of regulatory officer set out in regulation 3.17 is repeated here.
This regulation prohibits a person other than a regulatory officer from:
a) entering a landside security zone without the permission of the responsible aviation participant;
b) staying in a landside security zone after being asked by the responsible aviation industry participant to leave;
c) taking a vehicle into a landside security zone without the permission of the responsible aviation industry participant; or
d) leaving a vehicle in a landside security zone of a security controlled airport after being asked by the responsible aviation industry participant to remove the vehicle.
Contravention attracts a maximum penalty of 50 penalty units. Nothing in the regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law.
This provides that an aviation industry participant is not to prevent any of the following having access to any part of the landside area:
a) members of the Defence Force who are responding to an event or threat of unlawful interference with aviation;
b) ambulance, rescue or fire services officers who are responding to an emergency in the landside area.
A requirement to display an ASIC or VIC does not apply to a person referred to in paragraphs 3.26(1)(a) and (b).
This Division sets out the requirements for a counter-terrorist first response function. The operators of designated airports (the airports of
This regulation prescribes the airports of
This regulation defines counter-terrorist first response. It means providing: deterrence measures designed to deny information to terrorists or deny acts of terrorism. (this includes continuous patrolling at key locations of a security controlled airport); a response capability (including an initial response to acts of terrorism and other acts of unlawful interference with aviation); and the transfer of responsibility for command and control after completion of the initial response.
This regulation requires the operator of a designated airport to enter into an agreement with a counter-terrorist first response service provider, in accordance with this Division, for the provision of a counter-terrorist first response force for the airport. The counter-terrorist first response service provider is responsible for the counter-terrorist first response function. The regulation clarifies that nothing in this Division requires the service provider to give an airport operator or aircraft operator information the disclosure of which would constitute an offence under an Act or the law of a State or Territory.
Subregulation 3.30(1) sets out the qualifications necessary to be a member of a counter-terrorist first response force for a designated airport. Subregulation 3.30(2) sets out the qualifications necessary to be a member of a counter-terrorist first response force at a designated airport.
This provides that at each of Brisbane, Melbourne and Sydney airports the service provider is required to keep available at least 2 dogs that are trained to detect explosives, and a handler for each dog.
This Part deals with a broad range of security measures. There are 6 Divisions. The first deals with screening and clearing including specifying the persons who may carry out screening, checked baggage screening and regulation of RACAs. The second and third Divisions deal with requirements in relation to weapons and prohibited items. Division 4.4 deals with on-board security and Division 4.5 deals with the carriage of persons in custody including persons in custody under the Migration Act 1958 (Migration Act). Finally, Division 4.6 deals with control directions.
This Division deals with screening and clearing including specifying the persons who may carry out screening, checked baggage screening and regulation of RACAs.
This Subdivision makes general provision in relation to screening and clearing, including specifying the persons who may carry out screening, things to be detected during screening, and the circumstances in which persons, goods and vehicles must receive clearance.
This regulation defines operational period of an aircraft to mean:
a) for a departing aircraft:
(i) if the aircraft is at Adelaide, Brisbane, Melbourne, Perth, Sydney, Cairns, Canberra, Coolangatta Airport, or Darwin Airport — the period beginning 2 hours before the aircraft’s scheduled departure time (or; if it is known in advance that its departure will be delayed, 2 hours before its re-scheduled departure time) and ending 30 minutes after its actual departure time; or
(ii) if the aircraft is at any other security controlled airport — the period beginning 30 minutes before the aircraft’s scheduled departure time (or, if it is known in advance that its departure will be delayed, 30 minutes before its re-scheduled departure time) and ending 30 minutes after its actual departure time; and
b) for an arriving aircraft, the period beginning 30 minutes before its scheduled arrival time (or, if it is known in advance that its arrival will be delayed, 30 minutes before its re-scheduled arrival time) and ending 30 minutes after its actual arrival time.
This regulation sets out the meaning of screened air service, a concept pivotal to the operation of Part 4 of the regulations. Subregulation 4.02(4) provides that a screened air service is an air service operated by an aircraft described in subregulations 4.02(1) or (2).
Subregulation 4.02(1) provides that an aircraft that is operating an international air service that is a regular public transport operation or open charter operation or jet aircraft operating a domestic air service that is a regular public transport operation, must be a cleared aircraft before departure. Jet, regular public transport operation and open charter operation are defined in regulation 1.03. Cleared aircraft is defined in section 9 of the Act.
Subregulation 4.02(2) provides that an aircraft not covered by subregulation 4.02(1) that departs from the same airport apron as an aircraft described in that subregulation, and is scheduled to depart within the operational period of the latter aircraft (see regulation 4.01 for the definition of operational period), must be a cleared aircraft. Apron has the same meaning given by the airport operator’s TSP. In accordance with subregulation 2.15(4,) the TSP for an airport must include a description and map of the apron or aprons for that airport if it operates a screened air service.
This regulation gives a meaning to ‘screening authority’ for the purposes of the regulations. By subregulation 4.03(2) the Secretary is required to specify by a written notice in accordance with subsection 44 (3) of the Act, a person, or persons jointly, who are authorised or required to carry out screening at a security controlled airport or part of a security controlled airport. The Secretary must specify sufficient persons under subregulation 4.03(2) for an airport or part of an airport to ensure that at all times there is at least 1 screening authority for the whole of the sterile area of the airport; and if 1 or more screening authorities are specified for part of the area, there is at least 1 screening authority for the remainder of the area.
This regulation sets out the things that are to be detected by screening: weapons and prohibited items on a person, or in a person’s belongings, or in stores entering a sterile area and explosives in checked baggage. (Checked baggage is defined in regulation 1.03). A person is not to be allowed by a screening officer to pass through a screening point with these things in his or her possession. Subregulation 4.04(3) clarifies that a screening authority is not obliged to detect weapons, prohibited items or explosives if it is not technically possible to do so with the screening methods, techniques and equipment approved by the Secretary under regulation 4.17. For example, there are some technological limitations on detecting ceramics.
This regulation requires that a weapon detected during screening be stored and handled in accordance with any applicable Commonwealth, State or Territory law. For example, if a firearm is detected it must be stored appropriately. Where a permit is required to possess an item, such as a firearm, it is intended that arrangements be made to hand the item to the relevant authority as soon as possible.
This regulation requires that a prohibited item detected during screening be stored and handled in accordance with any applicable Commonwealth, State or Territory law.
Subregulation 4.07(2) prohibits the use of a hand held metal detector as a screening tool at a security controlled airport from which a screened air service does not operate unless its use is required by a written notice or a section 67 special security direction. The metal detector must be used in accordance with the requirements of the notice or direction. A contravention attracts a maximum penalty of 50 units. (Subregulation 5.03(5) requires the operator of a security controlled airport from which screened air services do not operate to ensure that the operator has access to the services of at least 1 airport security guard who meets the qualifications set out in subregulation 5.03(3). These qualifications include the completion of training approved by the Secretary that is designed to ensure competency in the use of hand held metal detector.)
This regulation obliges a passenger or member of the crew of an aircraft to be screened and cleared before boarding the aircraft if that aircraft is to operate a screened air service. Subregulation 4.08(3) provides that a member of an aircraft’s crew is taken to continue to screened and cleared if he or she, since he or she was last screened, has continuously been in the airside of an airport at which there is a sterile area (while the area was in operation); or the sterile area of an airport; or on board an aircraft that operates a screened air service. This is designed to avoid the need for re-screening of, say, a member of flight crew for an aircraft operating from Brisbane to Sydney who subsequently joins the flight crew for a different aircraft operating from Sydney to Melbourne and who, in the process of changing aircraft, remains airside at Sydney airport. The Note sets out the various requirements for screening of different classes of person.
This regulation requires a person to be screened before entering a sterile area unless he or she has entered the sterile area from the airside after disembarking from a screened air service, or he or she is taken to have been cleared under regulation 4.10 or 4.11. The sterile area is, by the operation of the definition of ‘cleared zone’ in section 9 of the Act and this regulation, a cleared zone.
The following persons may pass through a screening point without being screened (and are therefore, by the operation of paragraph 41(2)(b) of the Act, taken to have received clearance):
a) a law enforcement officer who produces his or her identity card as a law enforcement officer;
b) a screening officer who is engaged in the management of the screening point;
c) an ambulance, rescue or fire service officer who is responding to an emergency on the landside of the airport;
d) a member of the Defence Force who is responding to an event or threat of unlawful interference with aviation.
This regulation says nothing about the lawfulness of possession of prohibited items or weapons by the listed persons (see Divisions 4.2 and 4.3).
This regulation provides that a person in a class listed in subregulation 4.11(2) may enter a sterile area other than through a screening point (and will therefore, by the operation of paragraph 41(2)(c) of the Act, be taken to have received clearance) provided that he or she is authorised to do so and properly displays a valid ASIC or is authorised to do so, properly displays a valid VIC and is supervised by somebody who may enter the sterile area other than through a screening point and properly displays a valid ASIC.
The classes of person set out in subregulation 4.11(2) are:
a) aviation security inspectors;
b) officers of Customs;
c) screening officers;
d) employees of the operator of the airport in which the sterile area is located;
e) employees of the operator of a screened air service aircraft;
f) contractors, and employees of contractors, to the operator of the airport in which the sterile area is located who are engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who are otherwise authorised to access the aircraft;
g) contractors, and employees of contractors, to the operator of a screened air service aircraft who are engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who are otherwise authorised to access the aircraft
By subregulation 4.11(3) the following persons may enter a sterile area other than through a screening point:
a) ambulance, rescue or fire service officers who are responding to an emergency; and
b) members of the Defence Force who are responding to an event or threat of unlawful interference with aviation; and
c) air security officers.
These classes of person are not required to have or properly display a valid ASIC or VIC in the sterile area (see subregulation 3.26(2)).
By subregulation 4.11(4) a law enforcement officer who produces his or her identity card as a law enforcement officer may enter a sterile area other than through a screening point and is taken to be cleared.
Like regulation 4.10, this regulation says nothing about the lawfulness of possession of prohibited items or weapons by the listed persons (see Divisions 4.2 and 4.3)