AVIATION TRANSPORT SECURITY AMENDMENT (2009 MEASURES NO. 1) BILL 2010

2008-2009

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Aviation Transport Security Amendment

(2009 Measures No. 1) Bill 2009

No. , 2009

(Infrastructure, Transport, Regional Development and Local Government)

A Bill for an Act to amend the Aviation Transport

Security Act 2004, and for related purposes

i Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 2

Schedule 1--Amendme nts

Part 1--Categories of security controlled airports

Aviation Transport Security Act 2004

Part 2--Inspection powers

Aviation Transport Security Act 2004

Part 3--Enforceable undertakings

Aviation Transport Security Act 2004

Part 4--Control directions

Aviation Transport Security Act 2004

Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009 1

A Bill for an Act to amend the Aviation Transport

Security Act 2004, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Aviation Transport Security

Amendment (2009 Measures No. 1) Act 2009.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

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

2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

Part 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence with in the period of 12 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

3. Schedule 1,

Parts 2, 3 and 4

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amend ments Schedule 1

Categories of security controlled airports Part 1

Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009

Schedule 1

Amendments

Part 1

Categories of security controlled airports

Aviation Transport Security Act 2004

1 Section 27

Omit:

The Secretary may designate an airport as a security controlled

airport. A security controlled airport has an airside area and a

landside area.

substitute:

The Secretary may designate an airport as a security controlled

airport and assign a category to that airport. A security controlled

airport has an airside area and a landside area.

2 At the end of section 28

Add:

(6) The Secretary may, by notice published in the Gazette, assign a

particular security controlled airport a category prescribed under

section 28A.

(7) If the Secretary publishes a notice under subsection (6) in relation

to a security controlled airport, the Secretary must, by written

notice given to the operator of the airport, specify the category

assigned to the airport.

3 After section 28

Insert:

28A Categories of security controlled airports

The regulations may prescribe different categories of security

controlled airports.

Schedule 1 A mendments

Part 1 Categories of security controlled airports

4 Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. ,

2009

Note:

Regulations under this Act (for example, regulations made for the

purposes of Division 3 or 4) may make different provision with

respect to different categories of security controlled airports: see

subsection 33(3A) of the Acts Interpretation Act 1901.

4 Subsection 29(1)

Omit "section 28", substitute "subsection 28(2)".

5 After paragraph 126(1)(e)

Insert:

(ea) to assign a category to a particular security controlled airport

under subsection 28(6); or

6 Application

The amendment made by item 2 applies in relation to airports, or parts

of airports, declared to be security controlled airports before, on or after

the commencement of that item.

Amend ments Schedule 1

Inspection powers Part 2

Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009

Part 2

Inspection powers

Aviation Transport Security Act 2004

7 After paragraph 79(3)(a)

Insert:

(aa) if the power is exercised outside the boundaries of a security

controlled airport but is one to which subsection (3A)

applies--at any time and without notice; or

8 After subsection 79(3)

Insert:

(3A) This subsection applies to the following powers:

(a) a power covered by subparagraph (2)(b)(i) or (c)(i);

(b) a power covered by paragraph (2)(d), to the extent that it

relates to subparagraph (2)(b)(i) or (c)(i);

(d) a power covered by paragraph (2)(i), to the extent that the

document or record is found in the exercise of a power

covered by paragraph (a), (b) or (e) of this subsection;

(e) a power covered by paragraph (2)(j) or (k), to the extent that

it relates to subparagraph (2)(b)(i) or (c)(i).

Schedule 1 A mendments

Part 3 Enforceable undertakings

6 Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. ,

2009

Part 3

Enforceable undertakings

Aviation Transport Security Act 2004

9 Section 4

Omit:

Part 8 provides a range of enforcement mechanisms. These are

infringement notices, enforcement orders, injunctions and a

demerit points system.

substitute:

Part 8 provides a range of enforcement mechanisms. These are

infringement notices, enforcement orders, enforceable

undertakings, injunctions and a demerit points system.

10 Section 116

Omit:

The enforcement options (and the relevant Divisions) are as

follows:

(a) infringement notices (Division 2);

(b) enforcement orders (Division 3);

(d) demerit points system (Division 5).

substitute:

The enforcement options (and the relevant Divisions) are as

follows:

(a) infringement notices (Division 2);

(b) enforcement orders (Division 3);

Amend ments Schedule 1

Enforceab le undertakings Part 3

Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009

(d) injunctions (Division 4);

(e) demerit points system (Division 5).

11 After Division 3 of Part 8

Insert:

Division 3A--Enforceable undertakings

123A Acceptance of undertakings

(1) The Secretary may accept any of the following undertakings:

(a) a written undertaking given by an aviation industry

participant that the participant will, in order to comply with

this Act, take specified action;

(b) a written undertaking given by an aviation industry

participant that the participant will, in order to comply with

this Act, refrain from taking specified action;

participant that the participant will take specified action

directed towards ensuring that the participant does not

contravene this Act, or is unlikely to contravene this Act, in

the future.

(2) The undertaking must be expressed to be an undertaking under this

section.

(3) The participant may withdraw or vary the undertaking at any time,

but only with the written consent of the Secretary.

(4) The Secretary may, by written notice given to the participant,

cancel the undertaking.

123B Enforcement of undertakings

(1) If:

(a) an aviation industry participant has given an undertaking

under section 123A; and

(b) the undertaking has not been withdrawn or cancelled; and

Schedule 1 A mendments

Part 3 Enforceable undertakings

8 Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. ,

2009

undertaking;

the Secretary may apply to the Federal Court for an order under

subsection (2).

(2) If the Federal Court is satisfied that the participant has breached

the undertaking, the Court may make any or all of the following

orders:

(a) an order directing the participant to comply with the

undertaking;

(b) an order directing the participant to pay to the

Commonwealth an amount up to the amount of any financial

benefit that the participant has obtained directly or indirectly

and that is reasonably attributable to the breach;

participant to compensate any other person who has suffered

loss or damage as a result of the breach;

(d) any other order that the Court considers appropriate.

12 Paragraph 127(2)(b)

After "Division 3", insert "or 3A".

Amend ments Schedule 1

Control directions Part 4

Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009

Part 4

Control directions

Aviation Transport Security Act 2004

13 Section 9

Insert:

screening authority means a body corporate that is authorised or

required to conduct screening by or under regulations made for the

purposes of paragraph 44(2)(a).

14 Section 74A

Repeal the section, substitute:

74A Simplified overview of Division

Compliance control directions can be used:

(a) to control the movement of aircraft that are not in

flight; or

(b) in relation to security controlled airports.

Compliance control directions, given by aviation security

inspectors, are used to ensure compliance with this Act. They may

be given to aircraft operators, operators of security controlled

airports, screening authorities, pilots in command or screening

officers.

Incident control directions can be used to control the movement of

aircraft. Incident control directions, given by the Secretary, are

used in response to aviation security incidents. They may be given

to aircraft operators or pilots in command.

Failing to comply with a compliance control direction or an

incident control direction is an offence.

15 After subsection 74B(1)

Insert:

Schedule 1 A mendments

Part 4 Control directions

10 Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. ,

2009

(1A) An aviation security inspector may direct the operator of a security

controlled airport to take specified action in relation to the airport.

(1B) An aviation security inspector may direct a screening authority or a

screening officer to take specified action in relation to a screening

point at a security controlled airport.

16 Subsection 74B(2)

After "subsection (1)", insert ", (1A) or (1B)".

17 After subsection 74B(4)

Insert:

(4A) The action that an operator of a security controlled airport may be

directed to take under subsection (1A) includes, but is not limited

to, taking particular actions, or ensuring that particular actions are

taken, in relation to persons or things in specified areas or zones of

the airport.

(4B) The action that a screening authority or a screening officer may be

directed to take under subsection (1B) includes, but is not limited

to, taking particular actions, or ensuring that particular actions are

taken, in relation to screening or re-screening particular passengers,

goods or vehicles.

18 Subsection 74C(1) (penalty)

Repeal the penalty, substitute:

Penalty: For an aircraft operator, an operator of a security

controlled airport or a screening authority--200 penalty

units.

For a pilot in command or a screening officer--50

penalty units.

Commonwealth of Australia Bills

AVIATION TRANSPORT SECURITY AMENDMENT (2009 MEASURES NO. 1) BILL 2010