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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aviation Transport Security Amendment
(Cargo) Bill 2015
No. , 2015
(Infrastructure and Regional Development)
A Bill for an Act to amend the Aviation Transport
Security Act 2004, and for related purposes
No. , 2015
Aviation Transport Security Amendment (Cargo) Bill 2015
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
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Aviation Transport Security Act 2004
3
No. , 2015
Aviation Transport Security Amendment (Cargo) Bill 2015
1
A Bill for an Act to amend the Aviation Transport
1
Security Act 2004, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
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This Act may be cited as the Aviation Transport Security
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Amendment (Cargo) Act 2015.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
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12
2
Aviation Transport Security Amendment (Cargo) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2015
Aviation Transport Security Amendment (Cargo) Bill 2015
3
Schedule 1
--Amendments
1
2
Aviation Transport Security Act 2004
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1 Section 9 (paragraphs (c) and (ca) of the definition of
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aviation industry participant)
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Repeal the paragraphs, substitute:
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(c) a known consignor; or
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(ca) a regulated agent; or
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2 Section 9
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Insert:
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known consignor means a person approved as a known consignor
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in accordance with regulations made under section 44C.
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regulated agent means a regulated air cargo agent or an accredited
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air cargo agent.
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3 Subsection 20(4)
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Repeal the subsection.
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4 Section 44A
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Omit:
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The regulations may provide for cargo to be examined by regulated
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air cargo agents, accredited air cargo agents and aircraft operators.
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substitute:
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The regulations may provide for cargo to be examined by known
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consignors, regulated agents and aircraft operators.
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5 Section 44A
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Omit:
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(d)
requirements in relation to regulated air cargo agents,
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accredited air cargo agents and aircraft operators.
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Schedule 1 Amendments
4
Aviation Transport Security Amendment (Cargo) Bill 2015
No. , 2015
substitute:
1
(d)
requirements relating to known consignors, regulated
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agents and aircraft operators.
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6 Subsections 44B(2) and (3)
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Repeal the subsections, substitute:
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(2) Cargo receives clearance if:
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(a) after being examined, the cargo has been handled in
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accordance with regulations, made under section 44C, that
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deal with how cargo that has been examined is to be handled
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in order to receive clearance; or
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(b) the following subparagraphs are satisfied:
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(i) regulations made under section 44C provide, or the
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Secretary by written notice provides, that the cargo may
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receive clearance without being examined;
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(ii) the cargo has been handled in accordance with
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regulations, made under section 44C, that deal with how
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cargo that has not been examined is to be handled in
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order to receive clearance.
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(3) Cargo is cleared at a particular time if:
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(a) the cargo has received clearance; and
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(b) since receiving clearance, the cargo has at all times been
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handled in accordance with regulations, made under
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section 44C, that deal with how cargo is to be handled after
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receiving clearance in order to maintain its status as cleared.
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7 After paragraph 44C(1)(a)
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Insert:
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(aa) establish a scheme under which certain persons that carry on
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a business that includes handling, or making arrangements
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for transport, of cargo are approved as known consignors;
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8 At the end of paragraph 44C(1)(b)
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Add:
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Note:
Regulated air cargo agents are a kind of regulated agent: see the
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definition of regulated agent in section 9.
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Amendments Schedule 1
No. , 2015
Aviation Transport Security Amendment (Cargo) Bill 2015
5
9 At the end of paragraph 44C(1)(c)
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Add:
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Note:
Accredited air cargo agents are a kind of regulated agent: see the
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definition of regulated agent in section 9.
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10 Subparagraph 44C(1)(d)(i)
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Omit "all regulated air cargo agents, all accredited air cargo agents",
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substitute "all known consignors, all regulated agents".
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11 Subparagraphs 44C(1)(d)(ii) and (iii)
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Omit "regulated air cargo agents, accredited air cargo agents",
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substitute "known consignors, regulated agents".
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12 Paragraph 44C(1)(e)
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Repeal the paragraph.
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13 Paragraph 44C(1)(f)
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Omit "regulated air cargo agent, an accredited air cargo agent",
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substitute "known consignor, a regulated agent".
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14 Subparagraph 44C(1)(g)(i)
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Omit "all regulated air cargo agents or all accredited air cargo agents",
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substitute "all known consignors or all regulated agents".
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15 Subparagraphs 44C(1)(g)(ii) and (iii)
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Omit "regulated air cargo agents or accredited air cargo agents",
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substitute "known consignors or regulated agents".
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16 Subparagraph 44C(2)(a)(i)
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Omit "all regulated air cargo agents, all accredited air cargo agents",
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substitute "all known consignors, all regulated agents".
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17 Subparagraphs 44C(2)(a)(ii) and (iii)
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Omit "regulated air cargo agents, accredited air cargo agents",
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substitute "known consignors, regulated agents".
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18 Subparagraph 44C(2)(g)(i)
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Omit "all regulated air cargo agents, all accredited air cargo agents",
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substitute "all known consignors, all regulated agents".
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Schedule 1 Amendments
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Aviation Transport Security Amendment (Cargo) Bill 2015
No. , 2015
19 Subparagraphs 44C(2)(g)(ii) and (iii)
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Omit "regulated air cargo agents, accredited air cargo agents",
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substitute "known consignors, regulated agents".
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20 After paragraph 44C(2)(g)
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Insert:
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(ga) how cargo is to be handled (including methods, techniques or
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equipment to be used) in order to receive clearance;
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(gb) how cargo is to be handled (including methods, techniques or
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equipment to be used) after receiving clearance in order to
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maintain its status as cleared;
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21 After paragraph 44C(2)(h)
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Insert:
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(ha) the method for applying for approval as a known consignor
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and how such applications are dealt with;
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22 Subsection 44C(3)
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Omit "(d) or (g)", substitute "(c), (d), (e), (f), (g), (ga), (gb) or (h)".
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23 After subsection 44C(3)
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Insert:
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(3A) To avoid doubt, regulations or other legislative instruments dealing
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with the examination of cargo may provide for, or require, cargo to
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be opened, deconsolidated or unpacked (whether or not the owner
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of the cargo, or any other person, has consented).
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