Commonwealth Numbered Regulations - Explanatory Statements

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AIR NAVIGATION REGULATIONS (AMENDMENT) 1993 NO. 369

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 369

Issued by the authority of the Minister for Transport and Communications

Air Navigation Act 1920

Air Navigation Regulations (Amendment)

Subsection 26(1) of the Air Navigation Act 1920 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The amending Regulations, which amend the Air Navigation Regulations (the Regulations), primarily deal with aviation security issues. While most of the amendments to the Regulations simply clarify provisions in the Regulations, a few new policy initiatives are also provided for. In summary, these are:

•       the prohibition on a member of the general public from passing through an international flight's screening point or sterile area is done away with (thereby facilitating the harmonisation of aviation security requirements for international and domestic airlines; which aim, in turn, follows on from the Government's decision to allow domestic airlines to operate internationally) (deletion of subregulation 297F(2));

•       the creation of additional exemptions from the requirement for airlines to reconcile passengers with their baggage. The new exemptions essentially cover classes of passengers who would have no control over the carriage of their baggage. As such, these exemptions pose no significant risk to aviation security, but facilitate commercial airline operations (regulation 297H);

•       a right of review to the Administrative Appeals Tribunal is provided in relation to certain decisions made by the Secretary under Division 1 (regulation 309);

•       the Secretary is empowered to direct an operator of an aerodrome to vary an airport security program (regulation 311CBA);

•       the patrolling function of the uniformed security force at major aerodromes is more precisely targeted. Patrolling is more tightly focussed on passenger aircraft, their passengers and freight - while the overall patrolling burden is reduced (Division 4);

•       the Secretary is required to notify an operator of an aerodrome of certain decisions which he or she may make which will affect the operator (regulation 311CKA); and

•       approval needs to be obtained from the Secretary before certain infrastructure construction works can be carried out at particular aerodromes (Division 4A).

Some of the technical amendments to the Regulations give effect to commitments made by the then Minister for Transport and Communications to the then Chair of the Senate Standing Committee on Regulations and Ordinances by way of letter dated 8 October 1991. (Essentially, those commitments were in relation to concerns expressed by the Committee with respect to various mis-citations of regulations - eg, referring to regulation 113CM instead of 311CM - which appeared in the Air Navigation Regulations (Amendment), Statutory Rules 1991 No. 193. All of the Committee's concerns are addressed by the proposed amendments.)

The aviation industry was consulted during the development of the amendments to the Regulations, and its views fully considered. In general, it supports the amendments.

Details of the amendments are in the Attachment.

The amendments to the Regulations commenced on the date of Gazettal.

Attachment

Details of Air Navigation Regulations (Amendment)

Clause 1 - Amendment

Clause 1.1 provides that the Regulations are amended as per the amending Regulations.

Clause 2 - Regulation 5 (Interpretation)

The various clauses amend or omit definitions currently found in subregulation 5(1):

•       the definition of "Air Navigation Orders" is deleted. No such Orders remain relevant. Nor are there plans to resurrect this form of delegated legislation in the future;

•       the term "categorised airport" is re-defined to mean an aerodrome which is classified under regulation 311 CC;

•       the definitions of "crew member" and "designated airport" are deleted because both terms no longer appear in the Regulations;

•       the term "operator" is re-defined. The new definition refers to both airport and airline operators - the previous definition referred to airline operators only;

•       the term "screening" is re-defined to mean procedures for the inspection of persons, vehicles or goods for the purpose of aviation security; and

•       a definition for the phrase "security restricted area" is inserted. The term is used to denote those areas identified in an approved airport security program as security restricted areas.

Clause 3 - Regulation 8 (Air Navigation Orders)

The clause deletes regulation 8, which provided the Secretary with the ability to issue Air Navigation Orders. Air Navigation Orders will no longer be used as a regulatory device.

Clause 4 - Regulation 9 (Authorised persons and officers)

The clause clarifies the Secretary's ability to authorise an officer of the department to exercise a power under the Regulations.

Clause 5 - Regulation 106A (Tariffs of charges)

In light of the definition provided in subregulation 5(1), the definition of "cargo" in subregulation 106A(2) is redundant. Therefore, it has been repealed.

Clause 6 - Regulation 119 (Carriage of weapons on aircraft)

Clause 6.1 corrects a drafting error which occurred in Air Navigation Regulations (Amendment), Statutory Rules 1991 No. 193.

The previous requirement under subparagraph 119(2)(a)(i), for weapons to be surrendered to the aircraft operator before screening, created some confusion concerning the ability of the Secretary to permit weapons to be carried by persons other than the operator in the aircraft. Clause 6.2 overcomes this confusion by deleting that subparagraph. The resulting provision confirms the Secretary's ability to authorise the carriage of weapons on board an aircraft. It is intended that the requirement that weapons be surrendered to the aircraft operator during screening be incorporated as a condition to permits/directions issued by the Secretary under paragraph 119(2)(a).

Clause 6.3 deletes superfluous terms.

The amendment made by clause 6.4 is consequent upon the amendment made by clause 6.2.

Clause 7 - Regulation 253 (Carriage of examiners)

Clause 7.1 rephrases subregulations 253(2) and (3) into a clearer, more understandable style.

Clause 8 - Regulation 297 (Interpretation)

Clause 8.1 narrows the definition of "operational" as it applies to an airport to mean only those parts of an airport being used by passenger aircraft. Accordingly, an airport is no longer deemed to be operational when it is being used by pure cargo aircraft only. Furthermore, because an airport is now considered as being operational only during the times when there is loading or unloading of passengers or cargo on or from (as the case may be) a passenger aircraft, an airport is no longer considered to be operational during times when only associated preparations to in aircraft's flight are being carried out.

Clause 8.2 defines "operational" in relation to a screening point (ie, the point at which persons, vehicles or goods are screened for the purposes of aviation security).

Clause 8.3 deletes the definition of "senior operations controller". (The senior operations controller was a position within the Civil Aviation Authority which has been abolished - and no new position has been created to take its place.)

Clause 8.4 both clarifies and expands the definition of "uniformed security force". The amended definition provides that one person can constitute a uniformed security force.

The same clause also, in effect, moves the definition of "working day" from regulation 297C to the "Interpretation" section of the Regulations (regulation 297).

Clause 9 - Regulation 297A (Report of threat to aviation security) and clause 10 - Regulation 297B (Report of unlawful interference)

Under the previous regulations 297A or 297B, reports had to be made "as soon as is practicable". The amendments place an additional maximum time limit on the making of reports. That is, reports still need to be made as soon as is practicable, but, notwithstanding that requirement, they also need to be made before the end of the first working day after information on the threat or incident is received.

Previously, persons were required to give reports to the senior operations controller. As noted, that position no longer exists and no position has been created to take its place. Consequently, that requirement has been replaced by a requirement that reports be made to the Civil Aviation Authority.

The amendments also correct a number of minor drafting errors which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clause 11 - Regulation 297C (Offences under the Crimes (Protection of Aircraft) Act 1973)

Clause 11.1 repeals regulation 297C. There was some confusion in relation to the relationship between the reporting of offences under the pre-amended regulation 297C (which required the reporting of offences to which section 7 of the Crimes (Protection of Aircraft) Act 1973 applies - which Act no longer exists, being subsumed by the Crimes (Aviation) Act 1991) and the reporting requirements under previous regulations 297A and 297B. Clause 11.1 resolves this confusion by repealing regulation 297C. In its place, the clause substitutes a new regulation 297C which further clarifies the reporting requirements as set out in amended regulations 297A and 297B.

Clause 12 - Regulation 297D (Screened passengers and their possessions)

Clause 12.1 replaces regulation 297D with a new regulation dealing with the same subject-matter. The thrust of the amendments is to re-phrase the old regulation into a clearer, more understandable style. In particular, the amended regulation confirms that the screening requirements (as required by paragraph 297D(1)(a)) apply to both domestic as well as international flights. It also clarifies the Secretary's power to exempt passengers and their possessions from having to undergo screening. Specifically, the amendments confirm that the Secretary has the discretion to exempt either the passenger or his/her accompanying possessions, or both the passenger and his/her accompanying possessions from screening.

Clause 13 - Regulation 297E (Control of entry to sterile areas)

Clause 13.1 clarifies that regulation 297E requires vehicles and goods, as well as persons, to be screened and cleared before entering a sterile area. (Subregulation 5(1) of the Regulations defines a "sterile area" as an area in the aerodrome to which persons, vehicles and goods are not permitted access until given clearance, in relation to aviation security, under subregulation 297E(1).)

Clause 13.2 replaces "aerodrome" with the term "airport". (Regulation 297 provides that for Part XVIA of the Regulations, "airport" means aerodrome or part of an aerodrome.)

The amendment made by clause 13.3 rectifies a mistake which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clause 13.4 corrects a drafting error which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Previously under paragraph 297E(3)(b), an aircraft operator had to operate screening points with "persons who have been trained in respect of screening equipment and measures". Clause 13.5 clarifies this requirement, by allowing the Secretary to determine minimum pre-employment qualifications, physical attributes and training standards for screening operatives.

Clause 13.6 confirms that the aircraft operator is the person responsible for control of the screening point.

Clause 13.7 provides that it is the aircraft operator who is responsible for ensuring that screened passengers are segregated from others.

Clause 14 - Regulation 297EA (Sterile areas: weapons)

Clause 14.1 clarifies the effect of regulation 297EA; not only must a person not carry a weapon through a screening point but he or she must also not have a weapon in his or her possession in a sterile area.

Clause 14.2 deletes paragraph 297EA(b), which provided that the requirement that a person not carry a weapon through a screening point into a sterile area did not apply to an on-duty protective service officer. Members of the Australian Protective Service continue to be able to so carry and possess weapons under paragraph 297EA(c) (which exempts members of a uniformed security force who are on duty at the aerodrome from the ambit of regulation 297EA's prohibition).

Clauses 14.3 and 14.4 replace "aerodrome" with "airport".

Clause 14.5 allows the Secretary to permit persons to carry weapons through a screening point or to have a weapon in their possession whilst in a sterile area.

Clause 15 - Regulation 297F (Sterile areas: international flights)

Clause 15.1 repeals the prohibition against the general public (eg, those meeting or greeting passengers) entering an international flight's sterile area. This change is one of the measures designed to harmonise international and domestic screening points, stemming from the Government's decision to allow domestic airlines to operate internationally.

Irrespective of this amendment, the obligation upon airlines to maintain a sterile area for their international flights remains.

Clause 16 - Regulation 297G (Secretary may give directions)

Clause 16.1 deletes superfluous words.

Clause 16.2 corrects a drafting error which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clause 17 - Regulation 297H (Passenger baggage)

Clause 17.1 amends subregulation 297H(2), essentially, to provide that an aircraft operator may accept baggage for carriage on an aircraft if the Secretary has issued an appropriate direction. Such a direction may need to be issued, for instance, in cases where the Secretary has issued an exemption to the baggage to passenger reconciliation requirements under subregulation 297H(6).

Clauses 17.2 and 17.3 correct drafting errors which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Since a reference to an operator includes the operator's agent, clause 17.4 deletes the explicit reference to the operator's agent from subregulation 297H(4).

Clause 17.5 clarifies the discretion available to the Secretary in issuing exemptions under subregulation 297H(6). Specifically, it provides that the Secretary can not only exempt an aircraft or a class of aircraft from the operation of the subregulation, but that he or she can also so exempt baggage or a class of baggage. (The previous situation provided that if the Secretary exempted an aircraft or a class of aircraft, then every item of baggage on board that aircraft automatically became exempt. The amendment provides that the Secretary may exempt individual items of baggage, and the operator still needs to comply with subregulation 297H(6) with respect to all other items of baggage on board the aircraft.)

Clause 17.6 inserts three additional exemptions to the baggage to passenger reconciliation requirements of subregulation 297H(6). None of these new exemptions are considered to pose a significant risk to aviation security. However, the exemptions should facilitate commercial airline operations.

Clause 18 - Regulation 297J (Private and charter aircraft passengers)

Clause 18.1 confirms that the reference to "operator" in regulation 297J means aircraft operator.

Clause 19 - Regulation 297K (Private and charter operators to comply with directions of airport operators)

Clause 19.1 exchanges the expression "designated airport" for "categorised airport".

Clause 20 - Regulation 297M (Aviation security signs)

Clauses 20.1 and 20.3 exchange the expression "designated airport" for "categorised airport", while clause 20.2 deletes a redundant phrase.

Clause 21 - Regulation 297P (Persons in lawful custody on an aircraft)

Clause 21.1 confirms that the reference to "operator" in this regulation means aircraft operator.

Previously, subregulation 297P(2) required that a person intending to cause a person to be carried in lawful custody had to give notice to the aircraft operator as soon as is practicable and, in any case, before the aircraft commenced flight. Clause 21.2 provides that this notice must be given as soon as is practicable and, in any case, before the person in custody boards the aircraft.

Previously, subregulation 297P(4) provided that the operator of the aircraft on which a person in lawful custody was to be carried had to provide the pilot in command of that aircraft with the name of the person in lawful custody and the name of his or her escort. The amendment made by clause 21.3 provides that the pilot also needs to be notified of the grounds on which the person is in lawful custody.

Clause 21.4 modifies paragraph 297P(5)(b) which previously provided that the Secretary could authorise the carriage of a-person (or a class of persons) in lawful custody who were without escort. By doing away with the "without escort" requirement, the Secretary is able in his authorisation to indicate whether an escort, in a particular circumstance, will or will not be required.

Clause 22 - Regulation 300 (Compliance with programs: airline licence holders)

Clause 22.1 exchanges the expression "designated airport" for "categorised airport".

Clause 22.2 replaces out-dated terminology.

Clause 23 - Regulation 301 (Compliance with programs: operators other than airline licence holders)

Clause 23.1 deletes the superfluous term, "mail" from the phrase "mail and other cargo". (Subregulation 5(1) defines "cargo" to include mail.)

Clause 24 - Regulation 302 (Preparation and submission of proposed programs)

Clauses 24.1 and 24.4 delete the superfluous term, "mail" from the phrase "mail and other cargo". (Subregulation 5(1) defines "cargo" to include mail.)

The amendment made by clause 24.2 is consequent upon the amendment made by clause 6.2. That is, this clause changes paragraph 302(2)(f)'s reference to paragraph 119(3)(a) (which paragraph's content has been subsumed within new paragraph 119(2)(a)) to new paragraph 119(2)(a).

Clause 24.3 exchanges the expression "designated airport" for "categorised airport".

Clause 25 - New regulation 309

Clause 25.1 provides a right of review to the Administrative Appeals Tribunal in relation to certain adverse decisions by the Secretary. That right is provided to airlines which are required to prepare and submit a proposed aviation security program to the Secretary for his or her approval. (An aviation security program, essentially, is a plan which sets out the equipment and procedures which the airline will employ for specified aviation security purposes.)

Clause 26 - Regulation 309 (Designated airports)

This clause deletes regulation 309 which provided that the Secretary may specify an aerodrome as a designated airport for the purposes of Division 2 of Part XVIA. The concept of "categorised airport" (ie, an airport categorised under regulation 311CC) remains as the sole aerodrome classification system.

Clause 27 - Regulation 310 (Protective services officers may enter categorised airports)

This clause exchanges the expression "designated airport" for "categorised airport".

Clause 28 - Regulation 311C (Authorised officers: entry and inspection)

Clause 28.1 exchanges the expression "designated airport" for "categorised airport".

Clause 28.2 deletes superfluous words.

Clause 28.3 extends the powers of "authorised officers" to include the inspection and copying of, or the taking of extracts from, records held by an airport operator (or a person occupying a lease or licence at an airport, or a person having a right to use the airport or part of the airport). The officer's powers are fettered by the fact that he or she must be acting for the "purposes of aviation security".

Clause 28.4 confirms that the reference to "operator" means aircraft operator, while clause 28.5 confirms that the reference to "aircraft" is actually a reference to the operator's aircraft.

Clause 28.6 extends the powers of "authorised officers" to include the inspection and copying of, or the taking of extracts from, records held by an aircraft operator that relate to a passenger, or an intending passenger, in the aircraft. As before, the officer's powers are fettered by the fact that he or she must be acting for the "purposes of aviation security".

(Note that subregulation 311C(3) relates to an authorised officer's powers in relation to an aircraft, as opposed to subregulation 311C(2) which relates to an authorised officer's powers in relation to an airport.)

Clause 29 - Regulation 311CB (Airport security programs)

Clause 29.1 replaces the phrase "category 1, 2, 3, 4 or 5 aerodrome" with the more succinct expression "categorised airport".

Clause 29.2 replaces the term "the aerodrome" with "the airport".

Clauses 29.3, 29.4, 29.5, 29.6, 29.7 and 29.8 correct drafting errors which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clause 30 - New regulation 311CBA

This clause allows the Secretary, in certain circumstances, to direct that an airport security program (including a draft program and a draft revision of a program) be varied (if he or she considers the program to be inadequate for the purposes of aviation security). Any such direction to vary a program needs to be such that if it were adopted in the program, then the program would become adequate for the purposes of aviation security. A right of review to the Administrative Appeals Tribunal is provided in relation to the Secretary's decision to reject a draft program or a draft revision of a program, as well as the Secretary's decision to cancel his or her approval of a previously affirmed program. (The thrust of the new regulation accords with regulation 307, which provides the Secretary with similar powers in relation to airline security programs.)

Clause 31 - Regulation 311CC (Aerodrome categories)

This clause confirms that the classification of airports by the Secretary must be exercised by way of a written instrument.

Clause 32 - Regulation 311CD (Aviation security: category 1 aerodromes)

Clause 32.1 confirms that the operator of a Category 1 aerodrome is responsible for implementing the measures and resources set out in regulation 311CD.

Clause 32.2 amends the "Counter Terrorist First Response" patrolling requirements of Category 1 aerodromes. Firstly, the requirement that barriers between public areas and areas used for fuelling, parking and maintenance work be continuously patrolled has been done away with. At the same time, the remaining continuous patrolling requirements have been limited to apply in relation to passenger aircraft only. That is, patrolling is only required along barriers between public areas and areas used for the loading or unloading of passenger aircraft.

Clause 32.3 corrects a drafting error which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clause 32.4 replaces the term "wheeled vehicles" with "vehicles" in subparagraph 311CD(b)(ii). It also clarifies the fact that the screening requirements not only apply to "passengers" but "persons" in general.

Previously, an operator of a Category 1 aerodrome was required to ensure that members of the airport "uniformed security force" were assigned such as to enable them to make a rapid response to a security emergency at a screening point whenever passengers are embarking on a flight. Clause 32.5 amends this requirement to link the rapid response capability of the uniformed security force to a security emergency at any screening point that is operational (that is, a screening point which is "ready for use"). The change has two effects. Firstly, it enhances the coverage during which the uniformed security force is required to be ready to provide a rapid response. It also provides that the uniformed security force will not be required to provide a "rapid response" capability in relation to a screening point when that screening point is not operational (eg, when passengers are boarding a small domestic aircraft).

Since regulation 311 CD imposes obligations upon the operator of a Category 1 aerodrome, it is considered to be an inappropriate vehicle for imposing obligations on aircraft operators as well. Consequently, clause 32.6 deletes paragraphs 311CD(g) and (h) from this regulation. That is, it deletes: the aircraft operator's obligation to segregate screened from unscreened persons; and the aircraft operator's obligation to examine the accompanying possessions of at least 10 per cent of international passengers, respectively. The first of these requirements now appears in regulation 297E, while the latter has been repealed entirely as one of the measures designed to harmonise international and domestic screening points, following the Government's decision to allow domestic airlines to operate internationally.

Previously, the operator of a Category 1 aerodrome had to ensure that all persons identified themselves before entering an area to which access is restricted for the purposes of aviation security. Clause 32.7 replaces the term "area to which access needs to be restricted for the purposes of aviation security" with "security restricted area" (which, as noted, is defined in the current amendments to the Regulations). The main purpose for this amendment is to confirm that the identification requirement does not apply to sterile areas; there is no need for persons to identify themselves before entering a sterile area (they must merely be screened and cleared for the purposes of aviation security).

Clause 33 - Regulation 311CE (Aviation security: category 2 aerodromes)

(Note: for a more detailed explanation of some of the amendments made by this clause, see the comments provided above in relation to clause 32.)

Clause 33.1 confirms that the operator of a Category 2 aerodrome is responsible for implementing the measures and resources set out in regulation 311CE.

Clause 33.2 limits the "Counter Terrorist First Response" patrolling requirements of Category 2 aerodromes to continuous patrolling along barriers between public areas and areas used for the loading or unloading of passenger aircraft.

Clause 33.3 corrects a drafting error which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clause 33.4 replaces the term "wheeled vehicles" with "vehicles" in subparagraph 311CE(b)(ii). It also clarifies the fact that the screening requirements not only apply to P passengers" but "persons" in general.

Clause 33.5 links the rapid response capability of the uniformed security force to a security emergency at any screening point that is operational (that is, a screening point which is "ready for use").

Clause 33.6 deletes paragraphs 311CE(e) and (f). That is, it deletes: the aircraft operator's obligation to segregate screened from unscreened persons; and the aircraft operator's obligation to examine the accompanying possessions of at least 10 per cent of international passengers, respectively. The first of these requirements now appears in regulation 297E, while the latter has been repealed entirely as one of the measures designed to harmonise international and domestic screening points, following the Government's decision to allow domestic airlines to operate internationally.

Clause 33.7 replaces the term "area to which access needs to be restricted for the purposes of aviation security" with "security restricted area" (which, as noted, is defined in the current amendments to the Regulations). The main purpose for this amendment is to confirm that the identification requirement does not apply to sterile areas.

Clause 34 - Regulation 311CF (Aviation security: category 3 aerodromes)

(Note: for a more detailed explanation of some of the amendments made by this clause, see the comments provided above in relation to clause 32.)

Clause 34.1 confirms that the operator of a Category 3 aerodrome is responsible for implementing the measures and resources set out in regulation 311CF.

Clause 34.2 limits the "Counter Terrorist First Response" patrolling requirements of Category 3 aerodromes to continuous patrolling along barriers between public areas and areas used for the loading or unloading of passenger aircraft.

Clause 34.3 links the rapid response capability of the uniformed security force to a security emergency at any screening point that is operational (that is, a screening point which is "ready for use").

Clause 34.4 deletes paragraphs 311CF(b), (c) and (d). That is, it deletes: the aircraft operator's obligation to screen specified passengers and their accompanying possessions; the aircraft operator's obligation to segregate screened from unscreened persons; and the aircraft operator's obligation to examine the accompanying possessions of at least 10 per cent of international passengers, respectively. The first of these requirements is provided for in regulation 297D, the second now appears in regulation 297E, and the last is being repealed entirely as one of the measures designed to harmonise international and domestic screening points, following the Government's decision to allow domestic airlines to operate internationally.

Clause 34.5, firstly, (in paragraph 311CF(e)) replaces the term "area to which access needs to be restricted for the purposes of aviation security" with "security restricted area" (which, as noted, is defined in the current amendments to the Regulations). The main purpose for this amendment is to confirm that the identification requirement does not apply to sterile areas.

The same clause also amends paragraph 311CF(f) to give effect to the intent that Category 3 aerodromes are no longer required to maintain a "uniformed security force". On occasions however, (such as during times of a heightened aviation security risk) a particular Category 3 aerodrome would still need to be patrolled by security personnel who are armed and uniformed. Accordingly, the amended paragraph 311CF(f) make provisions for the Secretary to issue a written determination to the operator directing that, for a particular period, the operator must provide patrolling, in the part of the aerodrome set out in the determination, by security personnel who are armed and uniformed.

Clause 35 - Regulation 311CG (Aviation security: category 4 aerodromes)

Clause 35.1 clarifies that the obligations imposed under regulation 311CG apply to the operators of a Category 4 aerodrome.

Clause 35.2 deletes paragraphs 311CG(a), (b) and (c). That is, it deletes: the aircraft operator's obligation to screen specified passengers and their accompanying possessions; the aircraft operator's obligation to segregate screened from unscreened persons; and the aircraft operator's obligation to examine the accompanying possessions of at least 10 per cent of international passengers, respectively. The first of these requirements was already provided for in regulation 297D, the second now appears in regulation 297E, and the last has been repealed entirely as one of the measures designed to harmonise international and domestic screening points, following the Government's decision to allow domestic airlines to operate internationally.

Clause 35.3 replaces the term "area to which access needs to be restricted for the purposes of aviation security" with "security restricted area" (which, as noted, is defined in the current amendments to the Regulations). The main purpose for this amendment is to confirm that the identification requirement does not apply to sterile areas.

Clause 35.4 deletes paragraph 311CG(i), which is redundant in view of paragraph 311CG(f). (The two were actually identical, and the incorporation of both was a mistake which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 191)

Clause 36 - Regulation 311CH (Aviation security: category 5 aerodromes)

Clause 36.1 confirms that the obligations imposed by regulation 311CH apply to the operators of Category 5 aerodromes.

Clause 36.2 deletes paragraphs 311CH (a), (b) and (c). That is, it deletes: the aircraft operator's obligation to screen specified passengers and their accompanying possessions; the aircraft operator's obligation to segregate screened from unscreened persons; and the aircraft operator's obligation to examine the accompanying possessions of at least 10 per cent of international passengers, respectively. The first of these requirements was already provided for in regulation 297D, the second now appears in regulation 297E, and the last has been repealed entirely as one of the measures designed to harmonise international and domestic screening points, following the Government's decision to allow domestic airlines to operate internationally.

Clause 36.3 replaces the term "area to which access needs to be restricted for the purposes of aviation security" with "security restricted area" (which, as noted, is defined in the current amendments to the Regulations). The main purpose for this amendment is to confirm that the identification requirement does not apply to sterile areas.

Clause 37 - Regulation 311CJ (Aviation security: vehicle inspections)

This clause simplifies the wording of regulation 311CJ.

Clause 38 - Regulation 311CK (Directions to apply prescribed measures or resources)

This clause re-phrases subregulation 311CK(1) into a clearer style.

Clause 39 - New regulation 311CKA

The clause inserts a new provision, requiring the Secretary to notify the operator of an aerodrome when he or she has made certain decisions which will affect the operator. Broadly those decisions relate to: the Secretary's classification of an aerodrome for the purposes of aviation security; the Secretary's decision that particular aviation security standards should apply at an aerodrome; the Secretary's decision that an area at a Category 2 aerodrome ought to be a restricted access area; and various other determinations made by the Secretary.

Clause 40 - New Division 4A of Part XVIA

This clause imposes a new requirement on operators of Category 1, 2 and 3 aerodromes (and aircraft operators who are lessees or licensees at those aerodromes). Specifically, the new Division requires an operator to submit plans or designs for the construction or alteration of certain aerodrome facilities (which are connected to aviation security) to the Secretary - whose approval must be obtained before the operator can commence construction of new facilities or begin to physically alter existing ones.

The new Division also provides that any subsequent construction or alteration would need to conform to the approved plan. A right of review to the Administrative Appeals Tribunal is provided with respect to adverse decisions; that is, where the Secretary approves plans subject to a variation or rejects them outright.

Clause 41 - Regulation 311CL (Qualifications of security force personnel)

Clause 41.1 corrects a drafting error which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clause 41,2 deletes the requirement that a member of a uniformed security force must contact medical services as part of the "first response" in relation to an act of terrorism. The requirement that "emergency services" be notified has been retained. It is considered that once emergency services are notified of an act of terrorism, there will be an automatic notification of medical services.

Clauses 42, 43, 44, and 45 - Regulation 311CM (Character requirements of security force personnel), Regulation 311CN (Verification of Identity), Regulation 311CO (Use of confidential information) and Regulation 311CP (Provision of information to the Secretary)

These clauses correct drafting errors which occurred in Air Navigation Regulations (Amendment) Statutory Rules 1991 No. 193.

Clauses 46 - Regulation 320 (Evidence)

This clause deletes a reference to Air Navigation Orders, which, as noted, will no longer be used as a regulatory device.

Regulation 324A (Conditions subject to which licences are granted)

This clause deletes regulation 324A, which provided the Secretary with the ability to notify conditions in relation to licences or other documents by way of Air Navigation Order. As noted, Air Navigation Orders will no longer be used as a regulatory device.


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