EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 201

 

 

Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

Aviation Transport Security Act 2004

 

Aviation Transport Security Amendment Regulations 2010 (No. 4)

 

The Aviation Transport Security Act 2004 (the Act) establishes a regulatory framework to protect the security of civil aviation in Australia.

 

Section 133 of the Act provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

 

More specifically, section 89B of the Act provides that the regulations may prescribe the training and qualification requirements for an Eligible Customs Officer so that they may exercise the powers granted to them under Part 5, Division 3A of the Act which was added to the Act in 2007.

 

The Aviation Transport Security Regulations 2005 (the Principal Regulations) do not currently specify the training and qualifications for an Eligible Customs Officer, and as such, an Eligible Customs Officer is not able to exercise the powers granted to them under the Act.

 

The amending Regulations change the Principal Regulations to specify the training and qualifications for an Eligible Customs Officer so that an Eligible Customs Officer may exercise the powers granted to them under Part 5, Division 3A of the Act.

 

The amending Regulations specify that an Eligible Customs Officer is required to:

·        complete training that is approved by the Secretary of the Department of Infrastructure, Transport, Regional Development and Local Government (the Secretary);

·        hold, and while on duty properly display, a valid Aviation Security Identity Card (ASIC); and

·        wear a distinctive and recognisable uniform.

 

The Regulations also update the Principal Regulations relating to airport security guards and screening officers to remove obsolete provisions and reference the appropriate sections of the Act.

 

A Regulation Impact Statement is not required for the Regulations because they have low or no impact on business.

 

The Regulations have been settled in consultation with the Australian Customs and Border Protection Service.

 

Details of the amendment to the Principal Regulations are set out Attachment A.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

 

 

 

 

ATTACHMENT A

 

Details of the Aviation Transport Security Amendment Regulations 2010 (No. 4)

Regulation 1 – Name of Regulations

 

The regulation provides that the title of the Regulations is the Aviation Transport Security Amendment Regulations 2010 (No. 4).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on the day after they are registered.

 

Regulation 3 – Amendment of Aviation Transport Security Regulations 2005

 

The regulation provides that the Aviation Transport Security Regulations 2005 are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Regulation 5.03

 

This amendment amends the training and qualification requirements for airport security guards to delete reference to an obsolete provision which ceased to have effect on 9 March 2009. The obsolete provision stated that one possible training and qualification option for airport security guards was to have undergone training and acquired experience while working as security guards for the purpose of obtaining a Certificate II in security operations. The remaining training and qualification requirements for airport security guards are that they hold at least a Certificate II in security operations or another qualification that, in the Secretary’s opinion, is equivalent to a Certificate II in security operations. The head of power for updating the airport security guard regulations is contained under section 91 of the Act which provides that the regulations may prescribe the requirements for an airport security guard.

 

Item [2] – Regulation 5.04

 

This amendment inserts into regulation 5.04 a reference to paragraph 91(2)(b) of the Act to reference the head of power for this regulation. Paragraph 91(2)(b) of the Act outlines that the regulations must prescribe the requirements in relation to the form, issue and use of identity cards.

 

Item [3] – Regulation 5.05

 

This amendment inserts into regulation 5.05 a reference to paragraph 91(3)(a) of the Act to reference the head of power for this regulation. Paragraph 91(3)(a) of the Act outlines that the regulations may prescribe the requirements in relation to uniforms.

 

 

Item [4] – Regulation 5.06

This amendment amends the training and qualification requirements for screening officers to delete reference to an obsolete provision which ceased to have effect on 9 March 2009. The obsolete provision stated that one possible training and qualification option for screening officers was to have undergone training and acquired experience while working as a security guard for the purpose of obtaining a Certificate II in security operations. The remaining training and qualification requirements for screening officers are that they hold at least a Certificate II in security operations or another qualification that, in the Secretary’s opinion, is equivalent to a Certificate II in security operations. The head of power for updating the screening officer regulations is contained under section 94 of the Act which provides that the regulations may prescribe the requirements for a screening officer

 

Item [5] – Regulation 5.07

 

This amendment inserts into regulation 5.07 a reference to paragraph 94(2)(b) of the Act to reference the head of power for this regulation. Paragraph 94(2)(b) of the Act outlines that the regulations must prescribe the requirements in relation to the form, issue and use of identity cards.

 

Item [6] – Regulation 5.08

 

This amendment inserts into regulation 5.08 a reference to paragraph 94(3)(a) of the Act to reference the head of power for this regulation. Paragraph 94(3)(a) of the Act outlines that the regulations may prescribe the requirements in relation to uniforms.

 

Item [7] – After Division 5.3

 

This item inserts a new Division 5.4 including new regulations 5.09, 5.10 and 5.11 relating to an Eligible Customs Officer specifying the training and qualification, identity card and uniform requirements for an Eligible Customs Officer to exercise the powers granted to them under Part 5, Division 3A of the Act

 

The new regulation 5.09 outlines the requirement for an Eligible Customs Officer to complete training that is approved by the Secretary.

 

The new regulation 5.10 outlines the requirement for an Eligible Customs Officer to hold and while on duty properly display a valid aviation security identity card;

 

The new regulation 5.11 outlines the requirement for an Eligible Customs Officer to wear a distinctive and recognisable uniform.