Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p85
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 85/133)
Character Range: 275021–277780

(a) international cargo; and
 (aa) cargo to which subregulation (2) applies; and
 (b) cargo to which this Subdivision applies because the Secretary has issued a notice to that effect under regulation 4.41J.
 (2) This subregulation applies to cargo that is intended to be transported on a domestic air service in the following circumstances:
 (a) the cargo is to be transported by an aircraft that has:
 (i) a seating capacity of 40 or more persons; or
 (ii) a certificated maximum take‑off weight of 20,000 kg or more;
 (b) the air service is not a closed charter operation;
 (c) the cargo is to be loaded onto the aircraft at:
 (i) a designated airport; or
 (ii) a tier 1 security controlled airport; or
 (iii) a tier 2 security controlled airport; or
 (iv) Bankstown Airport; or
 (v) Essendon Fields Airport.

4.41B  Purpose of Subdivision
 (1) This Subdivision sets out the requirements for examining and clearing cargo for the following provisions of the Act:
 (a) section 44B;
 (b) paragraph 44C(1)(a);
 (c) paragraphs 44C(2)(a), (b), (d), (e), (g) and (h);
 (d) subsection 44C(4).
 (2) For the purposes of paragraph 44C(2)(e) of the Act, the things to be detected by the examination of cargo are explosives.

4.41C  When cargo that has not been examined may receive clearance
  For the purposes of paragraph 44B(2)(b) of the Act, cargo may receive clearance without being examined if:
 (a) the cargo originates with a known consignor; and
 (b) the known consignor handles the cargo in accordance with the requirements under the known consignor's security program that deal with how cargo that has not been examined is to be handled in order to receive clearance.
Note: There may be other circumstances in which cargo may receive clearance without being examined—see section 44B of the Act.

4.41CA  Requirements for cargo to receive clearance
 (1) For the purposes of subparagraph 44C(1)(a)(iii) of the Act, in order for cargo to receive clearance, the cargo must satisfy the requirements set out in subregulation (2), (2A) or (3).

Cargo examined by RACAs
 (2) For this subregulation to be satisfied, the cargo must:
 (a) have been examined by a RACA in accordance with an examination notice given to the RACA; and
 (b) be handled by the RACA in accordance with the requirements under the RACA's security program that deal with how cargo is to be handled in order to receive clearance; and
 (c) have a security declaration; and
 (d) not contain any unauthorised explosives.

Cargo examined by cargo examining aircraft operators
 (2A) For this subregulation to be satisfied, the cargo must:
 (a) have been examined by a cargo examining aircraft operator in accordance with an examination notice given to the operator; and
 (b) be handled by the operator