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This is a Bill, not an Act. For current law, see the Acts databases.

AVIATION TRANSPORT SECURITY AMENDMENT (AIR CARGO) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aviation Transport Security Amendment
(Air Cargo) Bill 2011
No. , 2011
(Infrastructure and Transport)
A Bill for an Act to amend the Aviation Transport
Security Act 2004, and for related purposes
i Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments
3
Part 1--Accredited air cargo agents
3
Aviation Transport Security Act 2004
3
Part 2--Extension of Transport Security Programs
7
Aviation Transport Security Act 2004
7
Part 3--Certification of cargo
8
Aviation Transport Security Act 2004
8
Part 4--Training of employees of certain aviation industry
participants
10
Aviation Transport Security Act 2004
10
Part 5--References to freight
11
Aviation Transport Security Act 2004
11
Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011 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
4
This Act may be cited as the Aviation Transport Security
5
Amendment (Air Cargo) Act 2011.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments Schedule 1
Accredited air cargo agents Part 1
Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
Part 1--Accredited air cargo agents
2
Aviation Transport Security Act 2004
3
1 Section 9 (after paragraph (c) of the definition of aviation
4
industry participant)
5
Insert:
6
(ca) an accredited air cargo agent; or
7
2 Section 9 (definition of employee)
8
Repeal the definition, substitute:
9
employee, in relation to an aviation industry participant, means an
10
individual:
11
(a) employed by the aviation industry participant; or
12
(b) engaged under a contract for services between the individual
13
and the aviation industry participant.
14
3 Paragraph 35(3)(b)
15
After "paragraph (a)", insert "or (c)".
16
4 Paragraph 35(3)(c)
17
After "committed by", insert "an accredited air cargo agent or".
18
5 Paragraph 36(3)(b)
19
After "other than", insert "an accredited air cargo agent or".
20
6 Paragraph 36(3)(c)
21
After "committed by", insert "an accredited air cargo agent or".
22
7 Paragraph 36A(3)(b)
23
After "other than", insert "an accredited air cargo agent or".
24
8 Paragraph 36A(3)(c)
25
After "committed by", insert "an accredited air cargo agent or".
26
Schedule 1 Amendments
Part 1 Accredited air cargo agents
4 Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011
9 Paragraph 37(3)(b)
1
After "other than", insert "an accredited air cargo agent or".
2
10 Paragraph 37(3)(c)
3
After "committed by", insert "an accredited air cargo agent or".
4
11 Paragraph 38(3)(b)
5
After "other than", insert "an accredited air cargo agent or".
6
12 Paragraph 38(3)(c)
7
After "committed by", insert "an accredited air cargo agent or".
8
13 Paragraph 38A(3)(b)
9
After "other than", insert "an accredited air cargo agent or".
10
14 Paragraph 38A(3)(c)
11
After "committed by", insert "an accredited air cargo agent or".
12
15 Paragraph 44(4)(b)
13
After "other than", insert "an accredited air cargo agent or".
14
16 Paragraph 44(4)(c)
15
After "committed by", insert "an accredited air cargo agent or".
16
17 Paragraph 44C(4)(b)
17
After "other than", insert "an accredited air cargo agent or".
18
18 Paragraph 44C(4)(c)
19
After "committed by", insert "an accredited air cargo agent or".
20
19 Paragraph 52(3)(b)
21
After "other than", insert "an accredited air cargo agent or".
22
20 Paragraph 52(3)(c)
23
After "committed by", insert "an accredited air cargo agent or".
24
21 Paragraph 60(3)(b)
25
After "other than", insert "an accredited air cargo agent or".
26
Amendments Schedule 1
Accredited air cargo agents Part 1
Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011 5
22 Paragraph 60(3)(c)
1
After "committed by", insert "an accredited air cargo agent or".
2
23 Paragraph 62(2)(b)
3
After "other than", insert "an accredited air cargo agent or".
4
24 Paragraph 62(2)(c)
5
After "committed by", insert "an accredited air cargo agent or".
6
25 Paragraph 65(3)(b)
7
After "other than", insert "an accredited air cargo agent or".
8
26 Paragraph 65(3)(b)
9
After "committed by", insert "an accredited air cargo agent or".
10
27 Subsection 73(1) (penalty)
11
Repeal the penalty, substitute:
12
Penalty: For an airport operator or an aircraft operator--200
13
penalty units.
14
For an aviation industry participant, other than an airport
15
operator, an aircraft operator or an accredited air cargo
16
agent--100 penalty units.
17
For an accredited air cargo agent--50 penalty units.
18
28 Subsection 79(2)
19
Repeal the subsection, substitute:
20
(2) For the purposes set out in subsection (1), an aviation security
21
inspector may:
22
(a) enter and inspect a security controlled airport; or
23
(b)
enter
and
inspect:
24
(i) any area, building (other than a residence) or vehicle
25
under the control of an aviation industry participant; or
26
(ii) if an aviation industry participant operates from a
27
residence or a part of a residence--the residence or the
28
part of the residence from which the participant
29
operates; or
30
Schedule 1 Amendments
Part 1 Accredited air cargo agents
6 Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011
(c) inspect equipment in a place or vehicle mentioned in
1
paragraph (a) or (b); or
2
(d) observe the operating procedures of an aviation industry
3
participant; or
4
(e) discuss those procedures with an employee of the aviation
5
industry participant or with another aviation industry
6
participant; or
7
(f) inspect, photograph or copy a document or record made or
8
kept by an aviation industry participant; or
9
(g) operate equipment at a place mentioned in paragraph (a) or
10
(b) for the purposes of gaining access to a document or
11
record made or kept by an aviation industry participant.
12
29 Paragraph 79(3)(b)
13
Omit "or accredited cargo agent concerned (or both)", substitute
14
"concerned".
15
30 Subsection 79(3A)
16
Repeal the subsection, substitute:
17
(3A) This subsection applies to the following powers:
18
(a) a power covered by subparagraph (2)(b)(i);
19
(b) a power covered by paragraph (2)(c), to the extent that it
20
relates to subparagraph (2)(b)(i);
21
(c) a power covered by paragraph (2)(d) or (e);
22
(d) a power covered by paragraph (2)(f), to the extent that the
23
document or record is found in the exercise of a power
24
covered by paragraph (a), (b) or (e) of this subsection;
25
(e) a power covered by paragraph (2)(g), to the extent that it
26
relates to subparagraph (2)(b)(i).
27
31 Subsection 102(1) (penalty)
28
Repeal the penalty, substitute:
29
Penalty: For a person with incident reporting responsibilities who
30
is an aviation industry participant, other than an
31
accredited air cargo agent--100 penalty units.
32
For any other person with incident reporting
33
responsibilities--50 penalty units.
34
Amendments Schedule 1
Extension of Transport Security Programs Part 2
Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011 7
Part 2--Extension of Transport Security Programs
1
Aviation Transport Security Act 2004
2
32 At the end of section 20
3
Add:
4
Extension of period for certain participants
5
(4) Despite subsection (3), if:
6
(a) the aviation industry participant is a regulated air cargo
7
agent; and
8
(b) the transport security program for the participant will cease to
9
be in force before 31 December 2012;
10
the program is taken to be in force until the earliest of the
11
following:
12
(c) 31 December 2012;
13
(d) the program is replaced under subsection 22(4) or 23(4);
14
(e) the approval of the program is cancelled under this Division.
15
Note 1: The following heading to subsection 20(1) is inserted "When program comes into
16
force".
17
Note 2: The following heading to subsection 20(3) is inserted "Period in which program
18
remains in force".
19
33 Application of amendment
20
The amendment made by item 32 of this Schedule applies in relation to
21
transport security programs that are in force when that item commences,
22
regardless of when they were approved.
23
24
Schedule 1 Amendments
Part 3 Certification of cargo
8 Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011
Part 3--Certification of cargo
1
Aviation Transport Security Act 2004
2
34 Section 4 (paragraph relating to Part 4)
3
Omit "certification,".
4
35 Section 9 (definition of certified)
5
Repeal the definition.
6
36 Paragraph 39(aa)
7
Omit ", certifying".
8
37 Division 2A of Part 4 (heading)
9
Repeal the heading, substitute:
10
Division 2A--Examining and clearing cargo
11
38 Section 44A
12
Omit "and certified".
13
39 Paragraph 44A(c)
14
Repeal the paragraph.
15
40 Subsection 44B(2)
16
Repeal the subsection, substitute:
17
(2)
Cargo
receives clearance if:
18
(a) after being examined, the cargo has been treated in
19
accordance with regulations made for the purposes of
20
section 44C; or
21
(b) the cargo has been treated in accordance with regulations
22
made for the purposes of section 44C, and the regulations
23
provide, or the Secretary by written notice provides, that the
24
cargo may be so treated without being examined.
25
Note:
The heading to section 44B is altered by omitting ", certifying".
26
41 Subsection 44B(4)
27
Amendments Schedule 1
Certification of cargo Part 3
Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011 9
Repeal the subsection.
1
42 Subparagraph 44C(1)(a)(ii)
2
Repeal the subparagraph.
3
Note:
The heading to section 44C is altered by omitting ", certifying".
4
43 Paragraph 44C(2)(g)
5
Omit "be certified", substitute "receive clearance".
6
7
Schedule 1 Amendments
Part 4 Training of employees of certain aviation industry participants
10 Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011
Part 4--Training of employees of certain aviation
1
industry participants
2
Aviation Transport Security Act 2004
3
44 At the end of subsection 44C(1)
4
Add:
5
; and (g) prescribe training requirements for employees of:
6
(i) all regulated air cargo agents or all accredited air cargo
7
agents; or
8
(ii) one or more specified classes of regulated air cargo
9
agents or accredited air cargo agents; or
10
(iii) one or more specified regulated air cargo agents or
11
accredited air cargo agents.
12
45 After subsection 44C(1)
13
Insert:
14
(1A) The Secretary may, by legislative instrument, make a
15
determination in relation to the matter covered by paragraph (1)(g).
16
46 Subsection 44C(4)
17
Omit "made under this section may prescribe penalties for offences
18
against those regulations", substitute "or other legislative instruments
19
made for the purposes of this section may prescribe penalties for
20
offences against those instruments".
21
22
Amendments Schedule 1
References to freight Part 5
Aviation Transport Security Amendment (Air Cargo) Bill 2011 No. , 2011 11
Part 5--References to freight
1
Aviation Transport Security Act 2004
2
47 Subsection 134(2) (definition of Australian international
3
carriage)
4
Omit "freight" (wherever occurring), substitute "cargo".
5
48 Subsection 134(2) (definition of bilateral arrangement)
6
Omit "freight" (wherever occurring), substitute "cargo".
7

 

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