{"id":"F2022L00519","name":"Aviation Transport Security (Prohibited cargo–Bangladesh) Instrument 2022","slug":"aviation-transport-security-prohibited-cargo-bangladesh-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102370,"registerId":"commonwealth-F2022L00519-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aviation Transport Security (Prohibited cargo–Bangladesh) Instrument 2022","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 22/044\n\nAviation Transport Security (Prohibited cargo—Bangladesh) 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—Bangladesh) Instrument 2022.\n\n2 Commencement\n\nThis instrument commences on the day after registration.\n\n3 Definitions\n\n> Note 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, substance or sample.\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> European Commission validated air cargo facility means an air cargo facility that is approved by the European Union as complying with air cargo security requirements for the secure examination, handling and storage of air cargo.\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;\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  \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 the last international port that the aircraft departs from before landing in Australian territory.\n\n> letter product means an item of cargo that:\n\n(a) weighs 500g or less; and\n\n(b) contains only flexible items, nothing rigid or inflexible; and\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) has a longest dimension of 360 mm or less; and\n\n(d) has a second-longest dimension of 260 mm or less; and\n\n(e) has a shortest dimension of 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 250 g or less and is 5 mm or less in its shortest dimension.\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 the People’s Republic of Bangladesh (Bangladesh) if:\n\n(a) the cargo was not examined in either:\n\n(i) Bangladesh; or\n\n(ii) at a last port of call airport; and\n\n(b) in circumstances where the cargo was examined at a place referred to in paragraph (a), the cargo:\n\n(i) was examined under security controls at a European Commission validated air cargo facility that is approved by the European Union as complying with air cargo security requirements for the secure examination, handling and storage of air cargo;\n\n(ii) was examined in accordance with the European Union’s requirements for the facility;\n\n(iii) was found not to contain explosives; and\n\n(iv) remained secure in accordance with the European Union’s requirements for the facility from the time of examination to the time it was loaded onto a flight into Australian territory.\n\n(2) The prohibition in subsection (1) does not apply to cargo if the cargo is any 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\n5 Repeal\n\nAviation Transport Security (Prohibited Cargo—Bangladesh) Instrument 2015 is repealed.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument repeals the 2015 instrument and restates a prohibition on cargo from Bangladesh subject to specified examination and security conditions, plus defined exemptions. The supplied text alone does not show a clear expansion or narrowing of the substantive prohibitions or exemptions compared with the 2015 instrument; confirming any scope change requires direct comparison with the 2015 instrument."},"complexity_factors":["Multiple technical definitions (e.g. letter product, small item, biological tissue, human remains) that determine applicability and require factual verification.","Conditional prohibition dependent on where and how cargo was examined (Bangladesh or last port; EU-validated facility; compliance with EU requirements).","Reliance on an external standard: European Commission validation and the European Union’s facility requirements introduce cross-jurisdictional compliance and proof obligations.","Chain-of-custody and continuous-security requirement from time of examination to loading increase operational and record-keeping burdens on industry.","Cross-references to other statutes (Aviation Transport Security Act 2004 definitions; Civil Aviation Act 1988 for permitted dangerous goods) create legal interdependence.","A mix of categorical exemptions and general prohibition creates conditional rules that require case-by-case application by industry participants and regulators.","Simple repeal of a prior instrument (2015) without the prior text in the instrument requires external comparison to determine substantive changes."],"plain_english_summary":"This instrument prohibits airlines and freight operators from bringing into Australia cargo that originated in or transited through Bangladesh unless it was examined in Bangladesh or at the last international port under European Commission–validated air cargo facility security controls. Exemptions include letter products, very small items, live animals, human remains, biological tissue, certain permitted dangerous goods, government articles and diplomatic bags. It matters because compliance requires specified inspections and continuous chain-of-custody from examination to loading, shifting inspection and logistical costs and responsibility onto industry."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (the 2015 instrument it repeals). It continues the specific regulatory framework for cargo originating from or transiting through Bangladesh, with updated definitions and conditions. The scope remains tightly focused on aviation security screening requirements for a specific country of origin."},"complexity_factors":["8 defined terms in section 3, including nested definitions (e.g., 'European Commission validated air cargo facility' incorporates EU approval requirements)","Multi-layered conditional logic in section 4(1): prohibition applies unless both examination location AND examination method requirements are met","Cross-reference to Aviation Transport Security Act 2004 for base definitions (Australian territory, aviation industry participant, cargo)","Cross-reference to Civil Aviation Act 1988 for dangerous goods permissions","8 specific exemptions in section 4(2) with their own definitional requirements (e.g., human remains require funeral director sender + death certificate sighted by airline)","Dimensional and weight specifications for 'letter product' and 'small item' exemptions (4-5 specific measurements each)"],"plain_english_summary":"This instrument bars aviation operators from bringing air cargo into Australia that originated in or transited Bangladesh unless it was security‑screened for explosives either in Bangladesh or at the last airport before Australia, and — if screened — done at an EU‑approved secure facility and kept secure until loading. It affects airlines and freight handlers and updates a 2015 measure. Limited exemptions cover small lightweight items, live animals, human remains with documentation, certain biological materials and permitted dangerous goods, government classified material, and diplomatic bags."}},"importantCases":[],"_links":{"self":"/api/acts/aviation-transport-security-prohibited-cargo-bangladesh-instrument-2022","history":"/api/acts/aviation-transport-security-prohibited-cargo-bangladesh-instrument-2022/history","analysis":"/api/acts/aviation-transport-security-prohibited-cargo-bangladesh-instrument-2022/analysis","conflicts":"/api/acts/aviation-transport-security-prohibited-cargo-bangladesh-instrument-2022/conflicts","importantCases":"/api/acts/aviation-transport-security-prohibited-cargo-bangladesh-instrument-2022/important-cases","documents":"/api/acts/aviation-transport-security-prohibited-cargo-bangladesh-instrument-2022/documents"}}