Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Aviation Transport Security Regulations 2005
1 Regulation 1.03
Insert:
"foreign official " means any of the following:
(a) a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia;
(b) a member of the consular staff (including the head) of a consular post established in Australia;
(c) any other member of the staff of such a diplomatic mission or consular post.
2 After regulation 3.08
Insert:
3.08A Foreign officials who display white ASIC
(1) Despite regulation 3.03, a foreign official need not display a valid ASIC in a secure area if, while the foreign official is in the secure area, the foreign official:
(a) is properly displaying a white ASIC; and
(b) is escorted by a person who is properly displaying a valid ASIC.
(2) A person who is the holder of a valid ASIC, and is escorting a foreign official who holds a white ASIC in a secure area, must not leave the foreign official unsupervised while the foreign official is in the area unless the supervision of the foreign official is taken over by another person who is displaying a valid ASIC.
Penalty: 5 penalty units.
(3) A contravention of subregulation (2) is an offence of strict liability.
(4) A foreign official who is the holder of a white ASIC, and was escorted by the holder of a valid ASIC into the secure area, must leave the area immediately if no person who is displaying a valid ASIC is supervising the foreign official.
3 Regulation 3.11
Before "The holder", insert "(1)".
4 At the end of regulation 3.11 (after the penalty)
Add:
(2) A foreign official who is the holder of a white ASIC must not enter, or stay in, a secure area other than for a lawful purpose.
Penalty for a contravention of subregulation (2): 5 penalty units.
5 Subregulation 6.01(1) (at the end of the definition of operational need )
Add:
(i) a requirement for a foreign official to have access to a secure area of an airport in order to perform activities related to the foreign official's official duties.
6 Subregulations 6.03(7) and (9)
Omit "or (h)", substitute ", (h) or (i)".
7 In the appropriate position in Part 10
Insert:
The amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (Foreign Officials) Regulations 2021 do not apply in relation to an ASIC in force immediately before the commencement of that Schedule.
Maritime Transport and Offshore Facilities Security Regulations 2003
8 Subregulation 6.07B(1)
Insert:
"foreign official " means any of the following:
(a) a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia;
(b) a member of the consular staff (including the head) of a consular post established in Australia;
(c) any other member of the staff of such a diplomatic mission or consular post.
9 At the end of subregulation 6.07F(2)
Add:
; or (c) the person is a foreign official who requires access to a maritime security zone for the purposes of the foreign official's official duties.
10 In the appropriate position in Schedule 2
Insert:
The amendments of these Regulations made by Schedule 1 to the Transport Security Legislation Amendment (Foreign Officials) Regulations 2021 do not apply in relation to an M SIC in force immediately before the commencement of that Schedule.