Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Aviation Transport Security Amendment (2009 Measures No. 2) Bill 2009



Download PDFDownload PDF

Parliament of Australia Department of Parliamentary Services

Parliamentary Library Information, analysis and advice for the Parliament BILLS DIGEST

www.aph.gov.au/library

25 February 2010, no. 121, 2009-10, ISSN 1328-8091

Aviation Transport Security Amendment (2009 Measures No. 2) Bill 2009

Juli Tomaras Law and Bills Digest Section

Contents

Purpose ........................................................................................................................................ 2

Background ................................................................................................................................. 2

Financial implications ................................................................................................................. 3

Main provisions .......................................................................................................................... 3

2 Aviation Transport Security Amendment (2009 Measures No. 2) Bill 2009

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Aviation Transport Security Amendment (2009 Measures No.2) Bill 2009

Date introduced: 29 October 2009

House: House of Representatives

Portfolio: Infrastructure, Transport, Regional Development and Local Government.

Commencement: Schedule 1: single day to be fixed by proclamation, however if any of the provisions do not commence within 6 months of Royal Assent, then they commence on the day after that period. Sections 1-3 and anything else not covered: on Royal Assent.

Links: The relevant links to the Bill, Explanatory Memorandum and second reading speech can be accessed via BillsNet, which is at

http://www.aph.gov.au/bills/. When Bills have been passed they can be found at ComLaw, which is at http://www.comlaw.gov.au/.

Purpose

The purpose of the Aviation Transport Security Amendment (2009 Measures No.2) Bill 2009 (the Bill) is to amend the Aviation Transport Security Act 2004 (the ATSA) so as to enhance security earlier in the supply chain of cargo, and to enable certification of cargo at the appropriate point in the supply chain.

Background Australia’s current aviation security framework came into effect in March 2005 following the commencement of the ATSA and the subsequent making of the Aviation Transport Security Regulations. The ATSA has been amended a number of times since its enactment to improve its operation. These amendments reflect points of improvement identified as part an ongoing review of the framework, so as to maintain its relevance in terms of deterrence, detection and prevention on unlawful interference with an aircraft.1

1. Mr Anthony Albanese, Minister for Infrastructure, Transport, Regional Development and Local Government, ‘Second Reading Speech: Aviation Transport Security Amendment (2009 Measures No.2) Bill 2009’, House of Representatives, Hansard, 29 October 2009, p.11463.

Aviation Transport Security Amendment (2009 Measures No. 2) Bill 2009 3

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Financial implications The Explanatory Memorandum states that the Bill will have no significant financial impact on Government expenditure.2

Main provisions

Schedule 1—Amendments Item 1 - Section 9 Definition of ‘cargo’

This item repeals the current definition of cargo and replaces it with a more expansive definition to include goods that are ‘reasonably likely’3 to be transported by aircraft. This therefore ensures that each party in the supply chain is subject to regulation and are obliged to apply relevant measures at each stage, consistent with their operations. Cargo would mean goods (other than baggage or stores) that are:

transported by aircraft, or

intended to be transported by aircraft, or

in accordance with the regulations, are regarded as being reasonably likely to be transported by aircraft.

Paragraphs 44C(1)(b) and (c) of the ATSA provide for the establishment of scheme under which those in the business of handling or arranging for transport of cargo are categorised as Regulated Air Cargo Agents (RACA)4 or accredited as Accredited Air Cargo Agents (AACA).5 Because the decision to use air transport for cargo is often made belatedly, under the current scheme, it is not always easy to establish whether a good is cargo and hence, whether the AACA and RACA schemes apply to it. The broadening of the

2. Explanatory Memorandum, Aviation Transport Security Amendment (2009 Measures No.2) Bill 2009, p. 1.

3. It will be left to the regulations to specify under what circumstances goods will be considered to be ‘reasonably likely’ to be transported by aircraft.

4. The RACA scheme requires air cargo to be security cleared prior to loading on an aircraft and includes a range of security clearance measures, which are applied to verify the cargo and ensure its physical integrity at all points prior to loading on an aircraft. Department of Infrastructure, Transport, Regional Development and Local Government, Fact Sheet 5: Air Cargo Security; the background, 20 December 2007.

5. The main impetus for the introduction of AACA at the end of 2008 was to supplement the RACA scheme by tightening security over the land transportation of cargo that may be carried on an aircraft. The AACA scheme is geared towards a broader range of industry participants and establishes uniform security requirements for the security of air cargo in the supply chain before being loaded on an aircraft. Department of Infrastructure, Transport, Regional Development and Local Government, Fact Sheet 5: Air Cargo Security; the background, 20 December 2007.

4 Aviation Transport Security Amendment (2009 Measures No. 2) Bill 2009

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

definition of cargo is designed to provide greater capture so as to avoid uncertainty and basically promote greater risk management.

Item 2 - Section 9 Definition of ‘certified’

The amended definition of ‘certified’ will enable a greater class of relevant industry participants to be able to certify cargo for carriage on an aircraft (i.e. RACAs and AACAs). The practical operational effect of this change is that the person who examines the cargo may also contemporaneously certify that cargo.

Item 3 - paragraph 44C(2)(g) currently provides the Secretary of the Department with regulation-making powers to prescribe the circumstances in which cargo may be certified. Under amended paragraph 44C(2)(g), by regulation, the list of industry participants who will be able certify cargo will be expanded to include RACAs and AACAs.

Item 4 - paragraph 44C(3)

Related to the operation of amended paragraph 44C(2)(g), this amendment provides the Secretary of the Department to be able to issue a notice specifying the circumstances in which cargo may be certified. The effect of this would be that the Secretary will be able to adjust criteria in a more timely manner in response to new developments in terms of advances in technology and evolving international obligations.

Aviation Transport Security Amendment (2009 Measures No. 2) Bill 2009 5

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

© Copyright Commonwealth of Australia

This work is copyright. Except to the extent of uses permitted by the Copyright Act 1968, no person may reproduce or transmit any part of this work by any process without the prior written consent of the Parliamentary Librarian. This requirement does not apply to members of the Parliament of Australia acting in the course of their official duties.

This work has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Parliamentary Library, nor do they constitute professional legal opinion.

Feedback is welcome and may be provided to: web.library@aph.gov.au. Any concerns or complaints should be directed to the Parliamentary Librarian. Parliamentary Library staff are available to discuss the contents of publications with Senators and Members and their staff. To access this service, clients may contact the author or the Library’s Central Entry Point for referral.

Members, Senators and Parliamentary staff can obtain further information from the Parliamentary Library on (02) 6277 2404.