Mate, where’s my cargo and baggage…………….??
Legal Air News brought to you by Piper Alderman, Australia’s leading aviation lawyers, says that last week saw amendments to the Aviation Transport Security Act 2004 and the Aviation Transport Security Regulations 2005 relating to cargo coming into force.
These amendments were in response to the 2005 Wheeler Review which recommended mandatory screening of all cargo on passenger aircraft.
Currently, it is an offence for an International operator to permit an item of checked baggage to be loaded on an aircraft unless the baggage has been screened for explosives. This is known as “100% hold baggage screening.”
The new amendments provide that it is an offence for an aircraft operator to carry any cargo that has not been “cleared.”
Cargo receives “clearance” when it is certified, after being examined in accordance with the relevant Transport Security Program (“TSP”), with the new amendments requiring that all such cargo is to be examined for any unauthorised explosives that may be present.
The regulations also provide that an aircraft operator may certify cargo by loading it onto an aircraft.
All of this now effectively means that there is “100% cargo clearance” on all operations.
However, the amendments also provide that the Secretary may issue a notice to an aircraft operator or a Regulated Air Cargo Agent (“RACA”) specifying what type of cargo is to be examined, the methods, techniques and equipment to be used for examining that cargo and the procedures for handling that cargo after it has been examined.
It is an offence of strict liability not to comply with such a notice. This notice may also state that certain cargo can be certified without being examined.
The new amendments preserve the RACA Scheme, with any person that was a RACA prior to the amendments being taken as continuing to be a RACA.
While these amendments are aimed at improving security, their real effectiveness will become apparent when and if the Secretary starts issuing the notices described above.
Keep watching those skies…
Report by The Mole, brought to you by Piper Alderman, Australia’s leading aviation lawyers.
John Alwyn-Jones
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