{"id":"F2022L00518","name":"Aviation Transport Security (Prohibited cargo –Afghanistan) Instrument 2022","slug":"aviation-transport-security-prohibited-cargo-afghanistan-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102369,"registerId":"commonwealth-F2022L00518-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aviation Transport Security (Prohibited cargo –Afghanistan) Instrument 2022","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 22/043\n\nAviation Transport Security (Prohibited cargo—Afghanistan) Instrument 2022\n\nI, Karen Andrews, Minister for Home Affairs, make this instrument under subsection 65B(1) of the Aviation Transport Security Act 2004.\n\nDated 31 March 2022\n\nKaren Andrews\n\nMinister for Home Affairs\n\n1 Name\n\nThis instrument is the Aviation Transport Security (Prohibited cargo – Afghanistan) Instrument 2022.\n\n2 Commencement\n\nThis instrument commences on the day after registration.\n\n3 Definitions\n\nNote A number of expressions used in this instrument are defined in the definition section of the Aviation Transport Security Act 2004, including Australian territory; aviation industry participant; cargo.\n\nIn this instrument:\n\n> biological tissue means an item of cargo that consists only of biological matter that is an aggregate of cells and cell products forming a definite kind of structural material in an animal or plant, or biological substances or samples and the necessary packaging to ship the biological matter, substances or samples.\n\n> Note Paragraph 23(b) of the Acts Interpretation Act 1901 provides that words in the singular number include the plural and words in the plural number include the singular;\n\n> ETD equipment (explosive trace detection equipment) means technology used to detect and indicate, by audible or visual alarm, the presence of an explosive material.\n\n> government article means an item of cargo that:\n\n(a) is sent by the Commonwealth or an authority of the Commonwealth; and\n\n(b) bears on its face a security classification; and\n\n(c) bears a security classification that is referred to in the protective security policy applicable to the Australian Government when the article is sent.\n\n> human remains means an item of cargo which meets all of the following requirements:\n\n(a) the item consists only of human remains and necessary packaging;\n\n(b) the sender of the item is a funeral director;\n\n(c) the airline transporting the item has sighted a copy of the death certificate of the person to whom the human remains relate.\n\n> last port of call airport means an airport that is the last international port that the aircraft departs from before landing in Australian territory.\n\n> letter product means an item of cargo that has all of the following characteristics:\n\n(a) it weighs 500g or less;\n\n(b) it contains only flexible items, nothing rigid or inflexible;\n\nNote 1 Flexible items include thick cardboard to protect items from being bent or crushed\n\nNote 2 Examples of rigid or inflexible items are pens, keys, USBs or CDs\n\n(c) its longest dimension is 360 mm or less;\n\n(d) its second longest dimension is 260 mm or less;\n\n(e) its shortest dimension is 20 mm or less.\n\n> security controls means requirements or procedures that, under the laws applying at the last port of call airport, must be applied to detect the presence of explosives in items of cargo.\n\n> small item means an item of cargo that weighs 250g or less, and is 5 mm or less in its shortest dimension.\n\n> X-ray observation equipment means screening X-ray equipment that:\n\n> (a) has a threat image projection system capability; and\n\n> (b) can differentiate between organic and inorganic material; and\n\n> (c) can display the following in different colours:\n\n> (i) metals;\n\n> (ii) inorganic material;\n\n> (iii) organic material.\n\n4 Prohibited cargo\n\n(1) An aviation industry participant must not bring, or cause to be brought, into Australian territory cargo that has originated in or transited through Afghanistan.\n\n(2) The prohibition in subsection (1) does not apply to cargo that is any one of the following types:\n\n(a) a letter product;\n\n(b) a small item;\n\n(c) a live animal and the necessary packaging to ship the animal;\n\n(d) human remains;\n\n(e) biological tissue;\n\n(f) dangerous goods that are permitted, under section 23 of the Civil Aviation Act 1988, to be carried on board an aircraft and the necessary packaging to ship the goods;\n\n(g) a government article;\n\n(h) an item of cargo in a diplomatic bag.\n\n(3) The prohibition in subsection (1) also does not apply to cargo if, since originating from or transiting through Afghanistan, and at the time the cargo was brought into Australian territory the cargo has been examined under security controls at one of the last port of call airports listed in the following table:\n\n| Country                    | Airport                                                                          |\n| -------------------------- | -------------------------------------------------------------------------------- |\n| Canada                     | Vancouver International Airport                                                  |\n| Japan                      | (a) Narita Airport, Tokyo; or(b) Osaka International Airport                     |\n| People’s Republic of China | (a) Hong Kong International Airport; or(b) Shanghai Pudong International Airport |\n| Republic of South Africa   | O.R. Tambo International Airport, Johannesburg                                   |\n| Singapore                  | Changi International Airport                                                     |\n| Thailand                   | Suvarnabhumi International Airport, Bangkok                                      |\n| United Arab Emirates       | Dubai International Airport                                                      |\n| United States of America   | (a) Honolulu International Airport; or(b) Los Angeles International Airport      |\n\n(4) For subsection (3), examined under security controls means examination using any of the following:\n\n(a) X-ray observation equipment;\n\n(b) ETD equipment;\n\n(c) physical examination in accordance with subsection (5).\n\n(5) Physical examination includes all of the following:\n\n(a) the item is deconsolidated or unpacked into the smallest box, carton or other unit into which it can be deconsolidated or unpacked;\n\n(b) each unit is examined as follows:\n\n(i) the sides, top and bottom of the unit, including packaging, are checked for hidden compartments and for signs that the piece has been tampered with;\n\n(ii) the unit is opened and all areas of the interior of the unit are searched;\n\n(iii) the contents of the unit are searched systematically, layer by layer;\n\n(iv) the search of the interior areas and the contents of the unit proceeds in a sequence that ensures that every area of the unit and all its contents are thoroughly inspected.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears tightly scoped to its original purpose. It implements a specific security prohibition regarding Afghan-origin cargo with precisely defined exemptions. The structure suggests a targeted regulatory response rather than scope creep — the detailed exceptions (letter products, biological tissue, diplomatic bags, approved airport screening) are integral to making the prohibition operationally workable rather than expansions beyond original intent."},"complexity_factors":["8 defined terms in a dedicated definitions section, plus reliance on external definitions from the parent Aviation Transport Security Act 2004","Nested exception structure: primary prohibition in subsection (1), with two separate exemption pathways (subsections 2 and 3) that operate independently","Detailed dimensional and weight specifications for 'letter product' (5 specific measurements) and 'small item' (2 measurements) creating precise regulatory thresholds","Multi-factor definitions: 'human remains' requires 3 cumulative conditions; 'government article' requires 3 cumulative conditions; 'letter product' requires 5 cumulative characteristics","Cross-reference to external legislation: Civil Aviation Act 1988 (section 23) for dangerous goods exception","Tabular data for approved airports across 8 countries with 12 specific airport locations","Hierarchical definition of 'examined under security controls' requiring reference to subsection (4), which then references subsection (5) for physical examination details","Technical equipment specifications in 'X-ray observation equipment' definition requiring 3 specific capabilities"],"plain_english_summary":"This law bars airlines and freight operators from bringing into Australia any cargo that originated in or transited through Afghanistan, as a security measure to prevent explosives or dangerous items reaching Australia. It affects aviation industry participants and anyone shipping from Afghanistan. Limited exceptions allow small mail items, certain tiny goods, live animals, human remains, medical tissue, permitted dangerous goods, government/diplomatic consignments, or cargo that's been security‑screened at specified trusted last‑port airports."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument establishes a targeted prohibition on cargo originating in or transiting through Afghanistan, with defined exceptions and conditional clearance via specified last‑port screening (see cl. 4 and cl. 3 definitions). The text does not identify or show amendment of an earlier instrument, so whether it changes scope from any prior measure cannot be determined from this document alone."},"complexity_factors":["Multiple technical definitions in one place that determine applicability (see Definitions, cl. 3: biological tissue; ETD equipment; government article; human remains; letter product; small item; X‑ray observation equipment).","A broad primary prohibition with many carve‑outs (cl. 4(1)–(2)): exceptions for small/letter items, live animals, human remains, biological tissue, certain dangerous goods, government articles and diplomatic bags (cl. 4(2)).","Conditional exception based on security screening at a closed list of last port of call airports (cl. 4(3) and table) — compliance depends on where screening occurred prior to arrival.","Specified acceptable examination methods (cl. 4(4)): X‑ray with threat image projection/colour differentiation requirements (definition of X‑ray observation equipment), ETD equipment, or physical examination.","Detailed physical inspection procedure (cl. 4(5)) requiring deconsolidation, unpacking, systematic layer‑by‑layer search and checks for tampering — operationally intensive for handlers and carriers.","Cross‑reference to external statute for permitted dangerous goods (cl. 4(2)(f) refers to section 23 of the Civil Aviation Act 1988) introduces dependencies on another statutory regime.","Documentary and sender requirements embedded in definitions (e.g. human remains requires sender to be a funeral director and airline to sight a death certificate — definition of human remains), increasing verification tasks.","Instrument made under delegated power (made under subsection 65B(1) of the Aviation Transport Security Act 2004), so it is a ministerial instrument rather than primary legislation, concentrating rulemaking and update discretion in the Minister (instrument header).","Operational ambiguity for carriers in establishing origin/transit status and relying on last‑port screening certificates or equipment capabilities — compliance risk and potential disputes about adequacy of prior screening (cl. 4(3)–(4))."],"plain_english_summary":"This instrument bars aviation industry participants from bringing into Australia cargo that originated in or transited through Afghanistan, subject to specific exceptions and conditional clearance after specified security screening at named last‑port airports. It affects airlines, freight forwarders and ground handlers by imposing verification, screening and unpacking obligations that change how Afghan‑origin consignments are accepted, inspected and documented."}},"importantCases":[],"_links":{"self":"/api/acts/aviation-transport-security-prohibited-cargo-afghanistan-instrument-2022","history":"/api/acts/aviation-transport-security-prohibited-cargo-afghanistan-instrument-2022/history","analysis":"/api/acts/aviation-transport-security-prohibited-cargo-afghanistan-instrument-2022/analysis","conflicts":"/api/acts/aviation-transport-security-prohibited-cargo-afghanistan-instrument-2022/conflicts","importantCases":"/api/acts/aviation-transport-security-prohibited-cargo-afghanistan-instrument-2022/important-cases","documents":"/api/acts/aviation-transport-security-prohibited-cargo-afghanistan-instrument-2022/documents"}}