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Aviation Transport Security Act 2004
In force
Administered by
Department of Home Affairs
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C2021C00252 (C35)
23 June 2021
-
13 October 2024
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Table of contents
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Part 1—Preliminary
Division 1—Short title and commencement
1 Short title
2 Commencement
Division 2—Purposes and simplified overview of this Act
3 Purposes of this Act
4 Simplified overview of this Act
Division 3—Application
5 Extension to Territories
6 Geographical jurisdiction
7 Act to bind Crown
8 Act not to apply to state aircraft etc.
Division 4—Definitions
9 Definitions
9A Prohibited items
Division 5—Unlawful interference with aviation
10 Meaning of unlawful interference with aviation
Division 6—General defences
10A General defences
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Part 2—Transport security programs
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Division 1—Simplified overview of Part
11 Simplified overview of Part
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Division 2—Aviation industry participants required to have programs
12 Who must have a program
13 Participants required to have programs to operate
14 Participants must comply with programs
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Division 3—Complying with programs of other participants
15 Complying with transport security programs of other participants
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Division 4—Content and form of programs given to the Secretary
15A Application of this Division
16 Content of programs
17 Form of programs etc.
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Division 5—Approving, revising and cancelling programs given to the Secretary
17A Application of this Division
18 Providing programs for approval
19 Approval
20 When a program is in force
21 Secretary may direct participants to vary programs
22 Participants may revise programs
23 Secretary may direct participants to revise programs
23A Secretary may approve alterations of programs
25 Cancelling inadequate programs
26 Cancelling for failure to comply
26A Cancelling transport security programs on request
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Division 6—Programs given by the Secretary
26B Secretary may give participants a program
26C Content of programs
26D When a program is in force
26E Relationship with Division 5
26F Secretary may revise or cancel inadequate programs
26G Cancelling for failure to comply
26H Cancelling programs on request
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Part 3—Airport areas and zones
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Division 1—Simplified overview of Part
27 Simplified overview of Part
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Division 2—Establishment of areas and zones
28 Airports and security controlled airports
28A Categories of security controlled airports
29 Airport areas—airside and landside
30 Airside security zones
31 Types of airside security zones
31A Airside event zones
31B Types of airside event zones
32 Landside security zones
33 Types of landside security zones
33A Landside event zones
33B Types of landside event zones
34 Matters to be considered in establishing areas and zones
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Division 3—Control of airside areas and zones
35 Requirements for airside areas
36 Requirements for airside security zones
36A Requirements for airside event zones
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Division 4—Control of landside areas and zones
37 Requirements for landside areas
38 Requirements for landside security zones
38A Requirements for landside event zones
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Division 4A—Serious crime
38AA Purpose of this Division
38AB Requirements relating to access to areas and zones
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Division 5—Offences for causing disruption or interference in relation to security controlled airports
38B Offences for causing disruption or interference in relation to security controlled airports
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Part 4—Other security measures
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Division 1—Simplified overview of Part
39 Simplified overview of Part
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Division 2—Screening and clearing
40 Simplified overview of Division
41 Screening and clearing people
41A Consent to screening procedures
42 Screening and clearing goods (other than cargo)
43 Screening and clearing vehicles
44 Requirements for screening and clearing
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Division 2A—Examining and clearing cargo
44A Simplified overview of Division
44B Examining and clearing cargo
44C Requirements for examining and clearing cargo
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Division 3—Weapons
45 Simplified overview of Division
46 Weapons in airside areas, landside security zones and landside event zones
47 Carrying weapons through a screening point
48 Weapons on board an aircraft—strict liability
49 Weapons on board an aircraft—general
50 Failure to comply with conditions
51 Secretary may permit by class
52 Other weapons requirements
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Division 4—Prohibited items
53 Simplified overview of Division
54 Prohibited items in airside security zones, airside event zones, landside security zones and landside event zones
55 Carrying prohibited items through a screening point
56 Prohibited items on board an aircraft—strict liability
57 Prohibited items on board an aircraft—general
58 Failure to comply with conditions
59 Secretary may permit by class
60 Other prohibited items requirements
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Division 5—On board security
61 Simplified overview of Division
62 On board security
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Division 6—Persons in custody
63 Simplified overview of Division
64 Meaning of person in custody
65 Requirements relating to persons in custody
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Division 6A—Prohibiting entry of certain cargo into Australian territory
65A Simplified overview of Division
65B Minister may prohibit entry of certain kinds of cargo into Australian territory
65C Failure to comply with prohibition
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Division 7—Special security directions
66 Simplified overview of Division
67 Secretary may give special security directions
68 Confidentiality requirements
69 Persons to whom special security directions may be given
70 When a special security direction is in force
71 Secretary may extend direction for further 3 months
72 Certain directions not to be re made for 6 months
73 Failure to comply with special security directions
74 Failure to comply with confidentiality requirements
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Division 8—Control directions
74A Simplified overview of Division
74B Compliance control directions
74C Failure to comply with compliance control directions
74D Incident control directions
74E Failure to comply with incident control directions
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Division 9—Security status checking
74F Simplified overview of Division
74G Secretary may determine that a person has an adverse aviation security status
74H Regulations
74I Division operates despite the Civil Aviation Act 1988
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Division 10—Optical surveillance devices
74J Purposes of this Division
74K Minister may determine code
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Part 5—Powers of officials
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Division 1—Simplified overview of Part
75 Simplified overview of Part
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Division 2—Aviation security inspectors
76 Simplified overview of Division
77 Appointment
78 Identity cards
79 Powers of aviation security inspectors—general
80 Powers of aviation security inspectors—aircraft
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Division 3—Law enforcement officers
81 Simplified overview of Division
82 Law enforcement officers
83 Access to airports by law enforcement officers
84 Stopping and searching people
85 Stopping and searching vehicles
86 Requests to leave areas or zones
87 Removing people from aircraft, airports, areas or zones
88 Removing vehicles from areas or zones
89 Other law enforcement powers not affected
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Division 3A—Eligible customs officers
89A Simplified overview of Division
89B Eligible customs officers
89C Stopping and searching persons
89D Stopping and searching vehicles
89E Requests to leave aircraft, airport or areas or zones
89F Power to physically restrain persons
89G Removing vehicles from areas or zones
89H Other powers not affected
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Division 4—Airport security guards
90 Simplified overview of Division
91 Airport security guards
92 Airport security guards’ power to physically restrain persons
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Division 5—Screening officers
93 Simplified overview of Division
94 Screening officers
94A Requirements relating to screening officers
94B Exemption from requirements relating to screening officers
94C Exercise of powers and performance of screening functions by screening officers
94D Report on number of exemptions
95 Screening powers
95B Screening powers—frisk search as an additional screening procedure
95C Screening powers—frisk search general power
96 Screening officers’ power to physically restrain persons
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Part 6—Reporting aviation security incidents
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Division 1—Simplified overview of Part
98 Simplified overview of Part
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Division 2—Meaning of aviation security incident
99 Meaning of aviation security incident
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Division 3—Certain people must report incidents
100 Airport operators
101 Aircraft operators
102 Persons with incident reporting responsibilities
103 Employees
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Division 4—Reporting requirements
104 Reporting by airport operators
105 Reporting by aircraft operators
106 Reporting by persons with incident reporting responsibilities
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Division 5—Form and content of reports
107 How reports are to be made
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Part 7—Information gathering
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Division 1—Simplified overview of Part
108 Simplified overview of Part
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Division 2—Secretary may require security compliance information
109 Secretary may require security compliance information
110 Self incrimination
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Division 3—Secretary may require aviation security information
111 Secretary may require aviation security information
112 Self incrimination
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Part 8—Enforcement
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Division 1—Simplified overview of Part
116 Simplified overview of Part
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Division 2—Infringement notices
117 Infringement notices
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Division 3—Enforcement orders
118 Simplified overview of Division
119 Secretary may make enforcement orders
120 Commencement and duration of enforcement orders
121 Reviews of enforcement orders
122 Notice of enforcement orders
123 Complying with enforcement orders
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Division 3A—Enforceable undertakings
123A Acceptance of undertakings
123B Enforcement of undertakings
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Division 4—Injunctions
124 Injunctions
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Division 5—Demerit points system
125 Demerit points
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Part 9—Review of decisions
126 Review of decisions by Administrative Appeals Tribunal
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Part 10—Miscellaneous
127 Delegation
127A Sub delegation
128 Compensation for damage to electronic equipment
129 Compensation for acquisition of property
130 Part 11 of the Airports Act 1996
131 Scope of immunities and privileges
132 Severability—additional effect of Act
133 Regulations
134 Extra territorial operation of regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
