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This is a Bill, not an Act. For current law, see the Acts databases.
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
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts
3
Part 1--Categories of security controlled airports
3
Aviation Transport Security Act 2004
3
Part 2--Inspection powers
5
Aviation Transport Security Act 2004
5
Part 3--Enforceable undertakings
6
Aviation Transport Security Act 2004
6
Part 4--Control directions
9
Aviation Transport Security Act 2004
9
Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009 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 (2009 Measures No. 1) Act 2009.
6
2 Commence ment
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
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
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amend ments Schedule 1
Categories of security controlled airports Part 1
Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009
3
Schedule 1
--
Amendments
1
Part 1
--
Categories of security controlled airports
2
Aviation Transport Security Act 2004
3
1 Section 27
4
Omit:
5
The Secretary may designate an airport as a security controlled
6
airport. A security controlled airport has an airside area and a
7
landside area.
8
substitute:
9
The Secretary may designate an airport as a security controlled
10
airport and assign a category to that airport. A security controlled
11
airport has an airside area and a landside area.
12
2 At the end of section 28
13
Add:
14
(6) The Secretary may, by notice published in the Gazette, assign a
15
particular security controlled airport a category prescribed under
16
section 28A.
17
(7) If the Secretary publishes a notice under subsection (6) in relation
18
to a security controlled airport, the Secretary must, by written
19
notice given to the operator of the airport, specify the category
20
assigned to the airport.
21
3 After section 28
22
Insert:
23
28A Categories of security controlled airports
24
The regulations may prescribe different categories of security
25
controlled airports.
26
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
1
purposes of Division 3 or 4) may make different provision with
2
respect to different categories of security controlled airports: see
3
subsection 33(3A) of the Acts Interpretation Act 1901.
4
4 Subsection 29(1)
5
Omit "section 28", substitute "subsection 28(2)".
6
5 After paragraph 126(1)(e)
7
Insert:
8
(ea) to assign a category to a particular security controlled airport
9
under subsection 28(6); or
10
6 Application
11
The amendment made by item 2 applies in relation to airports, or parts
12
of airports, declared to be security controlled airports before, on or after
13
the commencement of that item.
14
15
Amend ments Schedule 1
Inspection powers Part 2
Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009
5
Part 2
--
Inspection powers
1
Aviation Transport Security Act 2004
2
7 After paragraph 79(3)(a)
3
Insert:
4
(aa) if the power is exercised outside the boundaries of a security
5
controlled airport but is one to which subsection (3A)
6
applies--at any time and without notice; or
7
8 After subsection 79(3)
8
Insert:
9
(3A) This subsection applies to the following powers:
10
(a) a power covered by subparagraph (2)(b)(i) or (c)(i);
11
(b) a power covered by paragraph (2)(d), to the extent that it
12
relates to subparagraph (2)(b)(i) or (c)(i);
13
(c) a power covered by paragraph (2)(e), (f), (g) or (h);
14
(d) a power covered by paragraph (2)(i), to the extent that the
15
document or record is found in the exercise of a power
16
covered by paragraph (a), (b) or (e) of this subsection;
17
(e) a power covered by paragraph (2)(j) or (k), to the extent that
18
it relates to subparagraph (2)(b)(i) or (c)(i).
19
20
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
1
Aviation Transport Security Act 2004
2
9 Section 4
3
Omit:
4
Part 8 provides a range of enforcement mechanisms. These are
5
infringement notices, enforcement orders, injunctions and a
6
demerit points system.
7
substitute:
8
Part 8 provides a range of enforcement mechanisms. These are
9
infringement notices, enforcement orders, enforceable
10
undertakings, injunctions and a demerit points system.
11
10 Section 116
12
Omit:
13
The enforcement options (and the relevant Divisions) are as
14
follows:
15
(a) infringement notices (Division 2);
16
(b) enforcement orders (Division 3);
17
(c) injunctions (Division 4);
18
(d) demerit points system (Division 5).
19
substitute:
20
The enforcement options (and the relevant Divisions) are as
21
follows:
22
(a) infringement notices (Division 2);
23
(b) enforcement orders (Division 3);
24
Amend ments Schedule 1
Enforceab le undertakings Part 3
Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009
7
(c) enforceable undertakings (Division 3A);
1
(d) injunctions (Division 4);
2
(e) demerit points system (Division 5).
3
11 After Division 3 of Part 8
4
Insert:
5
Division 3A--Enforceable undertakings
6
123A Acceptance of undertakings
7
(1) The Secretary may accept any of the following undertakings:
8
(a) a written undertaking given by an aviation industry
9
participant that the participant will, in order to comply with
10
this Act, take specified action;
11
(b) a written undertaking given by an aviation industry
12
participant that the participant will, in order to comply with
13
this Act, refrain from taking specified action;
14
(c) a written undertaking given by an aviation industry
15
participant that the participant will take specified action
16
directed towards ensuring that the participant does not
17
contravene this Act, or is unlikely to contravene this Act, in
18
the future.
19
(2) The undertaking must be expressed to be an undertaking under this
20
section.
21
(3) The participant may withdraw or vary the undertaking at any time,
22
but only with the written consent of the Secretary.
23
(4) The Secretary may, by written notice given to the participant,
24
cancel the undertaking.
25
123B Enforcement of undertakings
26
(1) If:
27
(a) an aviation industry participant has given an undertaking
28
under section 123A; and
29
(b) the undertaking has not been withdrawn or cancelled; and
30
Schedule 1 A mendments
Part 3 Enforceable undertakings
8 Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. ,
2009
(c) the Secretary considers that the participant has breached the
1
undertaking;
2
the Secretary may apply to the Federal Court for an order under
3
subsection (2).
4
(2) If the Federal Court is satisfied that the participant has breached
5
the undertaking, the Court may make any or all of the following
6
orders:
7
(a) an order directing the participant to comply with the
8
undertaking;
9
(b) an order directing the participant to pay to the
10
Commonwealth an amount up to the amount of any financial
11
benefit that the participant has obtained directly or indirectly
12
and that is reasonably attributable to the breach;
13
(c) any order that the Court considers appropriate directing the
14
participant to compensate any other person who has suffered
15
loss or damage as a result of the breach;
16
(d) any other order that the Court considers appropriate.
17
12 Paragraph 127(2)(b)
18
After "Division 3", insert "or 3A".
19
20
Amend ments Schedule 1
Control directions Part 4
Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009 No. , 2009
9
Part 4
--
Control directions
1
Aviation Transport Security Act 2004
2
13 Section 9
3
Insert:
4
screening authority means a body corporate that is authorised or
5
required to conduct screening by or under regulations made for the
6
purposes of paragraph 44(2)(a).
7
14 Section 74A
8
Repeal the section, substitute:
9
74A Simplified overview of Division
10
Compliance control directions can be used:
11
(a) to control the movement of aircraft that are not in
12
flight; or
13
(b) in relation to security controlled airports.
14
Compliance control directions, given by aviation security
15
inspectors, are used to ensure compliance with this Act. They may
16
be given to aircraft operators, operators of security controlled
17
airports, screening authorities, pilots in command or screening
18
officers.
19
Incident control directions can be used to control the movement of
20
aircraft. Incident control directions, given by the Secretary, are
21
used in response to aviation security incidents. They may be given
22
to aircraft operators or pilots in command.
23
Failing to comply with a compliance control direction or an
24
incident control direction is an offence.
25
15 After subsection 74B(1)
26
Insert:
27
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
1
controlled airport to take specified action in relation to the airport.
2
(1B) An aviation security inspector may direct a screening authority or a
3
screening officer to take specified action in relation to a screening
4
point at a security controlled airport.
5
16 Subsection 74B(2)
6
After "subsection (1)", insert ", (1A) or (1B)".
7
17 After subsection 74B(4)
8
Insert:
9
(4A) The action that an operator of a security controlled airport may be
10
directed to take under subsection (1A) includes, but is not limited
11
to, taking particular actions, or ensuring that particular actions are
12
taken, in relation to persons or things in specified areas or zones of
13
the airport.
14
(4B) The action that a screening authority or a screening officer may be
15
directed to take under subsection (1B) includes, but is not limited
16
to, taking particular actions, or ensuring that particular actions are
17
taken, in relation to screening or re-screening particular passengers,
18
goods or vehicles.
19
18 Subsection 74C(1) (penalty)
20
Repeal the penalty, substitute:
21
Penalty: For an aircraft operator, an operator of a security
22
controlled airport or a screening authority--200 penalty
23
units.
24
For a pilot in command or a screening officer--50
25
penalty units.
26