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Aviation Legislation Amendment Bill (No. 2) 2001
Schedule 2 Amendment of the Air Navigation Act 1920

   

1  Subsection 3(1) (definition of airport operator or operator )

Repeal the definition.

2  Subsection 3(1) (definition of airport security committee )

Repeal the definition.

3  Subsection 3(1)

Insert:

aviation industry participant means:

                     (a)  an airport operator prescribed by the regulations for the purposes of this paragraph; or

                     (b)  an aircraft operator prescribed by the regulations for the purposes of this paragraph; or

                     (c)  a person, prescribed by the regulations for the purposes of this paragraph, who carries on the business of handling international air cargo; or

                     (d)  a person, prescribed by the regulations for the purposes of this paragraph, who provides aviation security services.

4  Subsection 3(1)

Insert:

aviation security information means information that relates to compliance, or a failure to comply, with regulations under this Act that relate to aviation security.

5  Subsection 3(1) (definition of categorised airport )

Repeal the definition.

6  Subsection 3(1) (definition of charter aircraft )

Repeal the definition.

7  Subsection 3(1) (definition of clear )

Repeal the definition.

8  Subsection 3(1) (definition of Corporation )

Repeal the definition.

9  Subsection 3(1) (definition of domestic air service )

Repeal the definition.

10  Subsection 3(1) (definition of emergency operations centre )

Repeal the definition.

11  Subsection 3(1) (definition of Federal airport )

Repeal the definition.

12  Subsection 3(1) (definition of protective service officer )

Repeal the definition.

13  Subsection 3(1) (definition of regular public transport aircraft )

Repeal the definition.

14  Subsection 3(1) (definition of screen )

Repeal the definition.

15  Subsection 3(1) (definition of screening authority )

Repeal the definition.

16  Subsection 3(1) (definition of screening officer )

Repeal the definition.

17  Subsection 3(1) (definition of screening point )

Repeal the definition.

18  Subsection 3(1) (definition of security restricted area )

Repeal the definition.

19  Subsection 3(1) (definition of sterile area )

Repeal the definition.

20  Subsection 3(1) (definition of terminal facility )

Repeal the definition.

21  Subsection 3(1) (definition of terminal operator or operator )

Repeal the definition.

22  Subsection 3(1) (definition of transceiver )

Repeal the definition.

23  Subsection 3(1) (definition of uniformed security force )

Repeal the definition.

24  Subsection 3(1) (definition of unlawful interference with aviation )

Repeal the definition.

25  Subsection 3(1) (definition of weapon )

Repeal the definition.

26  Sections 3AB to 3AF

Repeal the sections.

27  Section 19

Repeal the section, substitute:

19   Carriage of munitions

             (1)  If:

                     (a)  a person does an act; and

                     (b)  the act is not done in circumstances prescribed by regulations that state they are made for the purposes of this paragraph; and

                     (c)  the act results in munitions of war or implements of war being carried by or in:

                              (i)  an aircraft in Australian territory; or

                             (ii)  an Australian aircraft outside Australian territory;

the person is guilty of an offence punishable, on conviction, by imprisonment for a term not exceeding 7 years.

             (2)  Chapter 2 of the Criminal Code applies to an offence against subsection (1).

28  Part 3

Repeal the Part, substitute:

Part 3 Information-gathering for aviation security purposes

Division 1 Secretary may require aviation security information

20   Secretary may require aviation security information

             (1)  This section applies if the Secretary believes on reasonable grounds that an aviation industry participant has aviation security information of a kind prescribed in the regulations for the purposes of this section.

             (2)  The Secretary may, by written notice given to the aviation industry participant, require the participant to give any such information to the Secretary, within the period and in the way specified in the notice. The period must not be less than 14 days.

             (3)  Without limiting subsection (2), the Secretary may specify in the notice any one or more of the following ways for the participant to give the information:

                     (a)  orally;

                     (b)  in writing;

                     (c)  by electronic transmission.

             (4)  If:

                     (a)  a person engages in conduct; and

                     (b)  the result of the conduct is that the person contravenes a requirement under subsection (2);

the person is guilty of an offence punishable, on conviction, by a fine not exceeding 45 penalty units.

             (5)  In this section:

engage in conduct has the same meaning as in the Criminal Code .

20A   Self-incrimination

                   An individual is not excused from giving the aviation security information on the ground that the information might tend to incriminate the individual or expose the individual to a penalty.

Note:          Division 2 limits the use of information given to the Secretary under this Division and provides protection for the person who gives the information.

Division 2 Protection and use of aviation security information

21   Interpretation

             (1)  For the purposes of this Division, if a person gives a Departmental official aviation security information, whether in compliance with a notice under section 20 or otherwise, then, subject to subsection (2), the information is protected information and the person is the protected person in relation to the information.

             (2)  Subsection (1) does not apply if:

                     (a)  the information is given to the Departmental official in the course of an investigation by the official that relates to compliance, or a failure to comply, with regulations under this Act that relate to aviation security; and

                     (b)  the information is not given in compliance with a notice under section 20.

             (3)  In this Division:

APS employee has the same meaning as in the Public Service Act 1999 .

Departmental official means a person acting in the course of his or her duties as:

                     (a)  the Secretary of the Department; or

                     (b)  an APS employee in the Department; or

                     (c)  a delegate under this Act or the regulations.

21A   Use or disclosure by Departmental officials other than for aviation security purposes

             (1)  If:

                     (a)  a Departmental official uses or discloses protected information; and

                     (b)  that use or disclosure is not for the purposes of aviation security; and

                     (c)  the Departmental official is reckless as to whether the information is protected information;

the Departmental official is guilty of an offence punishable, on conviction, by a fine not exceeding 45 penalty units.

Exception to subsection (1)

             (2)  Subsection (1) does not apply if the protected information is used or disclosed for the purposes of a prosecution, or defending a prosecution, of:

                     (a)  an offence against that subsection; or

                     (b)  an offence against section 137.1 or 137.2 of the Criminal Code .

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

21B   Disclosure other than in excepted circumstances

             (1)  If:

                     (a)  a person (whether or not a Departmental official) discloses protected information to another person; and

                     (b)  the person does not disclose the information in excepted circumstances (see subsection (2)); and

                     (c)  the person is reckless as to whether the information is protected information;

the person is guilty of an offence punishable, on conviction, by a fine not exceeding 45 penalty units.

Meaning of excepted circumstances

             (2)  For the purposes of paragraph (1)(b), the protected information is disclosed in excepted circumstances if it is disclosed to:

                     (a)  a Departmental official; or

                     (b)  a Commonwealth Minister; or

                     (c)  a member of the staff of a Commonwealth Minister who is nominated by the Minister to receive protected information on the Minister’s behalf; or

                     (d)  a person acting in the course of his or her duties as a member of the Parliament of the Commonwealth; or

                     (e)  either:

                              (i)  an aviation industry participant; or

                             (ii)  a person (other than a Departmental official) acting in the course of his or her duties in an Agency (within the meaning of the Public Service Act 1999 );

                            in a form that does not identify, and is not reasonably capable of being used to identify, the protected person.

Exceptions to subsection (1)

             (3)  Subsection (1) does not apply if:

                     (a)  the person discloses the protected information with the consent of the protected person; or

                     (b)  the protected information is disclosed for the purposes of a prosecution, or defending a prosecution, of:

                              (i)  an offence against that subsection; or

                             (ii)  an offence against section 137.1 or 137.2 of the Criminal Code .

Note:          A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

21C   Disclosure to court or tribunal

                   A person is not to be required to disclose protected information to a court or tribunal except in a prosecution of an offence mentioned in subsection 21A(2) or paragraph 21B(3)(b).

21D   Protection for person who gives information

                   Neither:

                     (a)  giving protected information; nor

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving protected information;

is admissible in evidence against the protected person in a criminal proceeding, or any other proceeding for the recovery of a penalty, other than a proceeding under section 137.1 or 137.2 of the Criminal Code .

Division 3 Application of Criminal Code

21E   Application of Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Part.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

29  Paragraph 23A(1)(e)

Omit “or”.

30  Paragraphs 23A(1)(h) to (u)

Repeal the paragraphs.