Bills Digest no. 121 2009–10
Aviation Transport Security Amendment (2009 Measures
No.2) Bill 2009
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Contact officer & copyright details
Passage history
Aviation Transport Security Amendment (2009
Measures No.2) Bill 2009
Date introduced: 29 October 2009
House: House
of Representatives
Portfolio: Infrastructure, Transport, Regional Development and
Local Government.
Commencement: Schedule 1: single day to be fixed by proclamation,
however if any of the provisions do not commence within 6 months of
Royal Assent, then they commence on the day after that period.
Sections 1-3 and anything else not covered: on Royal
Assent.
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
The
purpose of the Aviation Transport Security Amendment (2009 Measures
No.2) Bill 2009 (the Bill) is to amend the Aviation Transport
Security Act 2004 (the ATSA) so as to enhance security earlier
in the supply chain of cargo, and to enable certification of cargo
at the appropriate point in the supply chain.
Australia’s current aviation
security framework came into effect in March 2005 following the
commencement of the ATSA and the subsequent making of the Aviation
Transport Security Regulations. The ATSA has been amended a number
of times since its enactment to improve its operation. These
amendments reflect points of improvement identified as part an
ongoing review of the framework, so as to maintain its relevance in
terms of deterrence, detection and prevention on unlawful
interference with an aircraft.[1]
The Explanatory Memorandum states that the Bill will have no
significant financial impact on Government expenditure.[2]
Schedule 1—Amendments
Item 1 – Section 9 Definition of
‘cargo’
This item repeals the
current definition of cargo and replaces it with a more expansive
definition to include goods that are ‘reasonably
likely’[3] to
be transported by aircraft. This therefore ensures that each party
in the supply chain is subject to regulation and are obliged to
apply relevant measures at each stage, consistent with their
operations. Cargo would mean goods (other than baggage or
stores) that are:
- transported by
aircraft, or
- intended to be
transported by aircraft, or
- in accordance
with the regulations, are regarded as being reasonably likely to be
transported by aircraft.
Paragraphs
44C(1)(b) and (c) of the ATSA provide for the establishment of
scheme under which those in the business of handling or arranging
for transport of cargo are categorised as Regulated Air Cargo
Agents (RACA)[4] or
accredited as Accredited Air Cargo Agents (AACA).[5] Because the decision to use air
transport for cargo is often made belatedly, under the current
scheme, it is not always easy to establish whether a good is cargo
and hence, whether the AACA and RACA schemes apply to it. The
broadening of the definition of cargo is designed to provide
greater capture so as to avoid uncertainty and basically promote
greater risk management.
Item 2 – Section 9 Definition of
‘certified’
The amended
definition of ‘certified’ will enable a greater class
of relevant industry participants to be able to certify cargo for
carriage on an aircraft (i.e. RACAs and AACAs). The practical
operational effect of this change is that the person who examines
the cargo may also contemporaneously certify that cargo.
Item 3 – paragraph 44C(2)(g) currently
provides the Secretary of the Department with regulation-making
powers to prescribe the circumstances in which cargo may be
certified. Under amended paragraph
44C(2)(g), by regulation, the list of industry
participants who will be able certify cargo will be expanded to
include RACAs and AACAs.
Item 4 – paragraph 44C(3)
Related to the
operation of amended paragraph 44C(2)(g), this
amendment provides the Secretary of the Department to be able to
issue a notice specifying the circumstances in which cargo
may be certified. The effect of this would be that the Secretary
will be able to adjust criteria in a more timely manner in response
to new developments in terms of advances in technology and evolving
international obligations.
Juli Tomaras
25 February 2010
Bills Digest Service
Parliamentary Library
Members, Senators and Parliamentary staff can obtain further
information from the Parliamentary Library on (02) 6277 2404.
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