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
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