Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Act 2013

No. 50, 2013

An Act to amend the Aviation Transport Security Act 2004, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedule(s) 2

Schedule 1—Prohibiting carriage of certain types of cargo 3

Aviation Transport Security Act 2004 3

Schedule 2—Technical amendments 6

Aviation Transport Security Act 2004 6

An Act to amend the Aviation Transport Security Act 2004, and for related purposes

[Assented to 28 May 2013]

The Parliament of Australia enacts:
1 Short title

This Act may be cited as the Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Act 2013.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information 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 this Act receives the Royal Assent. 28 May 2013
2. Schedules 1 and 2 The 28th day after this Act receives the Royal Assent. 25 June 2013

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Prohibiting carriage of certain types of cargo

Aviation Transport Security Act 2004

 1 Section 4

After “prohibited items.”, insert “It also allows the Minister to make a legislative instrument prohibiting the entry of specified kinds of cargo into Australian territory.”.

 2 Section 9

Insert:

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

 3 Section 9

Insert:

Trade Minister means the Minister administering the Export Market Development Grants Act 1997.

 4 After paragraph 39(e)

Insert:

 ea

prohibiting the entry of specified kinds of cargo (Division 6A);

 5 After Division 6 of Part 4

Insert:

 65A Simplified overview of Division

This Division allows the Minister to make a legislative instrument prohibiting the entry of specified kinds of cargo into Australian territory.

Failing to comply with such an instrument is an offence.

 65B Minister may prohibit entry of certain kinds of cargo into Australian territory 1

For the purposes of safeguarding against unlawful interference with aviation, the Minister may, by legislative instrument, prohibit the entry of specified kinds of cargo into Australian territory.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

Note: For other consultation requirements, see Part 3 of the Legislative Instruments Act 2003.

 2

Without limiting subsection (1), an instrument under that subsection may relate to all or any of the following:

 a

some or all of a class of persons to whom this Act applies;

 b

cargo originating from a particular country;

 c

cargo transiting through a particular country;

 d

cargo packaged in a particular way;

 e

cargo that meets, or is more or less than, a specified weight;

 f

cargo that comes within a specified weight range.

 3

The Minister must, before making an instrument, consult the Foreign Affairs Minister and the Trade Minister.

 65C Failure to comply with prohibition 1

A person commits an offence if:

 a

the Minister has made an instrument under section 65B; and

 b

the instrument applies to the person; and

 c

the person fails to comply with the instrument.

Penalty: For an aircraft operator—200 penalty units.

For any other aviation industry participant—100 penalty units.

Note: For strict liability, see Criminal Code.section 6.1 of the

2

Subsection (1) is an offence of strict liability.

 Technical amendments

Aviation Transport Security Act 2004

 1 Paragraph 65(3)(b)

Omit “an accredited air cargo agent or” (first occurring).

 2 Paragraph 65(3)(c)

After “by”, insert “an accredited air cargo agent or”.

[Minister’s second reading speech made in—

House of Representatives on 21 March 2013

Senate on 16 May 2013]

(61/13)