Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p20
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 20/133)
Character Range: 112576–115473

tier 1;
 (c) tier 2;
 (d) tier 3.
Note: The Secretary may assign a particular security controlled airport a category prescribed by this regulation (see subsection 28(6) of the Act).

3.01C  Criteria to be considered by Secretary
 (1) For subsection 133(1) of the Act, before assigning a particular security controlled airport a category under subsection 28(6) of the Act, the Secretary may consider the matters set out in this regulation.
Note: Under paragraph 126(1)(ea) of the Act, application may be made to the Administrative Review Tribunal for a review of the Secretary's decision to assign a category to a particular security controlled airport.
 (2) The Secretary may consider the following:
 (a) whether the airport is a designated airport;
 (b) whether an international air service operates to or from the airport;
 (c) whether aircraft operate regular public transport operations or open charter operations to or from the airport, and if so:
 (i) the seating capacity of those aircraft; and
 (ii) the average number of revenue passengers that depart the airport each year as part of those operations;
 (d) whether aircraft operate closed charter operations to or from the airport, and if so, the seating capacity of those aircraft.
 (3) The Secretary may also consider the following:
 (a) whether the design of the existing terminal at the airport will prevent the airport operator from complying with particular security screening requirements;
 (b) whether it is practicable for temporary facilities to be installed at the airport so that the airport operator can comply with particular security screening requirements;
 (c) the operational environment of the airport, including:
 (i) the types of aircraft operating to and from the airport; and
 (ii) the services those aircraft provide; and
 (iii) the services available at the airport, such as refuelling and maintenance services;
 (d) the number of revenue passengers that:
 (i) departed the airport in each of the 3 previous financial years; and
 (ii) are expected to depart the airport in the following 3 financial years;
 (e) the ability of the screening authority for the airport or an area of the airport to:
 (i) provide and operate security screening equipment; and
 (ii) provide particular security screening services;
 (f) when the airport operator expects to be able to start complying with particular security screening requirements;
 (g) the social and financial implications of requiring, or not requiring, the airport to use or implement equipment or procedures specified in the Act, these Regulations, or in a notice given by the Secretary under regulation 4.17;
 (h) any other matter that the Secretary considers relevant.
Example of social implications for paragraph (g): The loss of access by the local community to medical services.

Division 3.1—Establishment of areas and zones

3.01  Type of airside security