Federal Register of Legislation - Australian Government

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Aviation Transport Security Regulations 2005

Authoritative Version
  • - F2017C00351
  • In force - Superseded Version
  • View Series
SLI 2005 No. 18 Regulations as amended, taking into account amendments up to Aviation Transport Security Amendment (Persons in Custody) Regulations 2017
These Regulations provide the detail necessary for the regulatory framework established by the Aviation Transport Security Act 2004 to operate as intended.
Administered by: Infrastructure and Regional Development
Registered 26 Apr 2017
Start Date 25 Apr 2017
End Date 30 Jun 2017

Aviation Transport Security Regulations 2005

Select Legislative Instrument No. 18, 2005

made under the

Aviation Transport Security Act 2004 and the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004

Compilation No. 49

Compilation date:                              25 April 2017

Includes amendments up to:            F2017L00440

Registered:                                         26 April 2017

 

About this compilation

This compilation

This is a compilation of the Aviation Transport Security Regulations 2005 that shows the text of the law as amended and in force on 25 April 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1.01....................... Name of Regulations.......................................................... 1

1.03....................... Definitions.......................................................................... 1

1.03A.................... Meaning of originate in relation to known consignors....... 7

1.04....................... What properly displaying means........................................ 7

1.05....................... Meaning of valid ASIC, valid VIC and valid TAC............... 7

1.05A.................... Categories of airports.......................................................... 8

1.06....................... Prescribed air services........................................................ 8

1.08....................... Security designated authorisations...................................... 8

1.09....................... Weapons............................................................................. 8

Part 2—Transport security programs                                                                     11

Division 2.1—Preliminary                                                                                        11

2.01....................... Definitions for Part........................................................... 11

2.02....................... Security contact officers.................................................... 11

2.03....................... Aviation industry participants that must have TSPs.......... 11

2.04....................... Aviation industry participants to which more than 1 Division applies     12

2.05....................... What all TSPs must contain.............................................. 12

2.06....................... Offence—disclosing TSPs without consent..................... 12

Division 2.2—Operators of security controlled airports                        13

2.07....................... What this Division does.................................................... 13

2.08....................... Application of this Division.............................................. 13

2.09....................... Scope of airport operator’s TSP....................................... 13

2.10....................... What airport operator’s TSP must contain—outline etc.... 13

2.11....................... What airport operator’s TSP must contain—procedures for managing security etc 13

2.12....................... What airport operator’s TSP must contain—procedures for quality control             14

2.13....................... What airport operator’s TSP must contain—description of airport          14

2.14....................... Required information about proposed security zones at airport operator’s airport   15

2.15....................... What airport operator’s TSP must contain—map of airside and landside areas and security zones................................................................................. 16

2.16....................... What airport operator’s TSP must contain—physical security and access control   16

2.17....................... What airport operator’s TSP must contain—screening and clearing        17

2.18....................... What airport operator’s TSP must contain—checked baggage screening 18

2.18A.................... What airport operator’s TSP must contain—enhanced inspection area screening    18

2.19....................... What airport operator’s TSP must contain—cargo facilities with direct access to airside.......................................................................................... 18

2.20....................... What airport operator’s TSP must contain—control of firearms, other weapons and prohibited items................................................................ 19

2.21....................... Required information about measures and procedures in the event of a heightened security alert................................................................................... 19

2.22....................... What airport operator’s TSP must contain—personnel with particular security roles.......................................................................................... 20

Division 2.3—Operators of prescribed air services                                   21

2.25....................... What this Division does.................................................... 21

2.26....................... Application of this Division.............................................. 21

2.27....................... Scope of aircraft operator’s TSP....................................... 21

2.28....................... What aircraft operator’s TSP must contain—outline etc... 21

2.29....................... What aircraft operator’s TSP must contain—procedures for managing security etc 21

2.30....................... What aircraft operator’s TSP must contain—procedures for quality control            22

2.31....................... What aircraft operator’s TSP must contain—details of operator’s name and operations.......................................................................................... 22

2.32....................... What aircraft operator’s TSP must contain—physical security and access control   23

2.33....................... What aircraft operator’s TSP must contain—control of firearms, other weapons and prohibited items................................................................ 24

2.34....................... What aircraft operator’s TSP must contain—check‑in and boarding procedures     25

2.35....................... What aircraft operator’s TSP must contain—screening and clearing        25

2.35A.................... What aircraft operator’s TSP must contain—enhanced inspection area screening    25

2.36....................... What aircraft operator’s TSP must contain—security of passenger and crew information.......................................................................................... 26

2.37....................... What aircraft operator’s TSP must contain—checked baggage screening                26

2.38....................... What aircraft operator’s TSP must contain—passenger and checked baggage reconciliation.......................................................................................... 26

2.39....................... What aircraft operator’s TSP must contain—security of aircraft              26

2.40....................... What aircraft operator’s TSP must contain—security of aircraft cleaning operations and stores................................................................................ 27

2.41....................... What aircraft operator’s TSP must contain—security of cargo etc           27

2.42....................... What aircraft operator’s TSP must contain—security of documents        27

2.43....................... Required information about measures and procedures in the event of a heightened security alert................................................................................... 28

2.45....................... What aircraft operator’s TSP must contain—personnel with particular security roles.......................................................................................... 28

Division 2.6—Airservices Australia                                                                   29

2.75....................... Definition for Division—AA............................................. 29

2.76....................... What this Division does.................................................... 29

2.77....................... Scope of AA’s TSP.......................................................... 29

2.78....................... What AA’s TSP must contain—outline............................ 29

2.79....................... What AA’s TSP must contain—procedures for managing security etc    29

2.80....................... What AA’s TSP must contain—procedures for quality control               30

2.81....................... What AA’s TSP must contain—details of AA’s operations 30

2.82....................... What AA’s TSP must contain—physical security and access control      31

2.83....................... What AA’s TSP must contain—control of firearms, other weapons and prohibited items.......................................................................................... 31

2.84....................... Measures for heightened security alert.............................. 31

2.85....................... What AA’s TSP must contain—control directions........... 32

2.86....................... What AA’s TSP must contain—personnel with particular security roles 32

Part 3—Airport areas and zones                                                                                33

Division 3.1A—Security controlled airports—categories                      33

3.01A.................... Definitions........................................................................ 33

3.01B..................... Categories of security controlled airports.......................... 33

3.01C..................... Criteria to be considered by Secretary............................... 34

Division 3.1—Establishment of areas and zones                                          36

3.01....................... Types of airside security zones......................................... 36

3.02....................... Types of landside security zones...................................... 36

3.02A.................... Type of airside event zones............................................... 36

3.02B..................... Type of landside event zones............................................ 36

Division 3.2—Control of secure areas—use of ASICs etc                      37

Subdivision 3.2.1—Display and use of ASICs, VICs and TACs in secure areas              37

3.03....................... Requirement to display ASICs in secure areas................. 37

3.04....................... Supervision and control while embarking and disembarking etc              38

3.05....................... Crew of foreign and state aircraft etc................................ 38

3.06....................... Members of a defence force.............................................. 38

3.07....................... Persons facilitating movement of cargo or passengers...... 39

3.07A.................... Persons attending baggage make‑up areas........................ 40

3.07B..................... Minors exempt from requirement to display ASIC........... 40

3.08....................... Persons exempted by Secretary from requirement to display ASIC         40

3.09....................... Persons who display valid VICs or TACs....................... 41

3.10....................... Other cards not to be used as red ASICs, grey ASICs, VICs or TACs   42

3.11....................... Entry to secure area to be for lawful purposes only.......... 42

Subdivision 3.2.2—Display and use of ASICs, VICs and TACs outside secure areas    42

3.12....................... Persons facilitating passenger check‑in or baggage handling outside secure areas   42

Division 3.3—Control of airside areas and zones—physical security 43

Subdivision 3.3.1—Preliminary                                                                           43

3.13....................... Definitions for Division.................................................... 43

3.14....................... Common boundaries of areas and zones........................... 44

3.15....................... Requirements for airside generally.................................... 45

3.15A.................... Alternative requirements relating to signs for airside areas 47

Subdivision 3.3.2—Security restricted area                                                      47

3.16....................... Additional security requirements for security restricted area 47

Subdivision 3.3.3—Enhanced inspection area                                                  49

3.16A.................... Purpose and application of Subdivision............................ 49

3.16B..................... Requirements for enhanced inspection area generally....... 49

3.16C..................... Additional security requirements for enhanced inspection area—entry point screening.......................................................................................... 49

3.16D.................... Additional security requirements for enhanced inspection area—random screening in area.......................................................................................... 50

Subdivision 3.3.4—Offences                                                                                  51

3.17....................... Offences relating to entry to airside areas and airside security zones of security controlled airports.............................................................................. 51

3.17A.................... Offence—not operating enhanced inspection area screening point (entry point screening).......................................................................................... 52

3.17B..................... Offence—sign at enhanced inspection area screening point 52

3.17C..................... Offence—not preventing entry to enhanced inspection area 53

Subdivision 3.3.5—Emergency Access                                                               53

3.18....................... Access by emergency personnel....................................... 53

Division 3.4—Control of landside areas and zones—physical security 55

3.19....................... Definitions for Division.................................................... 55

3.20....................... Security requirements for sterile areas.............................. 55

3.21....................... Security requirements for landside security zones other than sterile areas                56

3.22....................... Security requirements for fuel storage zones.................... 57

3.23....................... Security requirements for air traffic control facilities zones 57

3.24....................... Security requirements for navigational aids zones............ 58

3.24A.................... Alternative requirements relating to signs for landside security zones     59

3.25....................... Offences relating to entry to landside security zones........ 60

3.26....................... Access by emergency personnel....................................... 60

Division 3.5—Counter‑terrorist first response function                          62

3.28....................... Definition—counter‑terrorist first response.................... 62

3.29....................... Provision of counter‑terrorist first response force............ 63

3.30....................... Qualifications of members of counter‑terrorist first response force         63

3.31....................... Dogs at certain airports..................................................... 64

Part 3A—Airside and Landside Special Event Zones                                   65

Division 3A.1—Preliminary                                                                                    65

3A.01.................... Definitions........................................................................ 65

Division 3A.2—Airside special event zones                                                    66

Subdivision 3A.2.1—Application for an airside special event zone            66

3A.02.................... Application for an airside special event zone.................... 66

3A.03.................... Further information about applications............................. 66

3A.04.................... Notices.............................................................................. 67

Subdivision 3A.2.2—Requirements for airside special event zones            67

3A.05.................... Requirements for airside special event zones.................... 67

Subdivision 3A.2.3—Offences relating to airside special event zones        68

3A.06.................... Offence if person moves out of airside special event zone 68

3A.07.................... Offence if airside special event zone manager allows unauthorised movement        68

Division 3A.3—Landside special event zones                                                70

Subdivision 3A.3.1—Application for a landside special event zone            70

3A.08.................... Application for a landside special event zone.................... 70

3A.09.................... Further information about applications............................. 70

3A.10.................... Notices.............................................................................. 71

Subdivision 3A.3.2—Requirements for landside special event zones         71

3A.11.................... Requirements for landside special event zones................. 71

Subdivision 3A.3.3—Offences relating to landside special event zones     72

3A.12.................... Offence if person moves out of landside special event zone 72

3A.13.................... Offence if landside special event zone manager allows unauthorised movement     72

Part 4—Other security measures                                                                                74

Division 4.1—Screening and clearing                                                                74

Subdivision 4.1.1—Screening and clearing generally                                    74

4.01....................... Definition—operational period........................................ 74

4.02....................... Meaning of screened air service....................................... 74

4.03....................... Specification of persons to carry out screening................. 75

4.03A.................... Persons passing screening point that uses body scanning equipment      75

4.04....................... Things to be detected by screening................................... 75

4.05....................... Dealing with weapons detected during screening............. 76

4.06....................... Dealing with prohibited items detected during screening.. 76

4.07....................... Use of hand‑held metal detectors...................................... 76

4.08....................... Circumstances in which persons must be cleared in order to board aircraft             77

4.09....................... Requirements for clearing................................................. 78

4.10....................... Persons who may pass through screening point without being screened 78

4.11....................... Persons who may enter certain cleared areas other than through screening point     79

4.12....................... Foreign dignitaries receiving clearance at screening point without being screened   80

4.12A.................... Foreign dignitaries receiving clearance other than through a screening point           80

4.13....................... Certain inbound international transit passengers—screening of passengers and their carry‑on baggage............................................................................. 81

4.13A.................... Transit passengers may leave LAG items on board certain flights           82

4.14....................... Circumstances in which goods must be cleared before being taken on to an aircraft.......................................................................................... 83

4.15....................... When carry‑on baggage must be cleared........................... 83

4.16....................... Circumstances in which vehicles must be cleared in order to be taken onto aircraft 84

4.17....................... Secretary’s notice for screening........................................ 84

4.18....................... Signs to be displayed at places of screening of passengers and carry‑on baggage   84

4.18A.................... Signs to be displayed at operating screening point............ 85

4.18B..................... Alternative requirements relating to signs for screening points                86

4.19....................... Supervision etc of baggage............................................... 86

4.20....................... Unaccompanied baggage.................................................. 87

4.21....................... Control etc of baggage loading......................................... 87

4.21A.................... Circumstances relating to diversion of flights................... 88

4.21B..................... Circumstances relating to disruption of flights.................. 89

4.22....................... Clearance of checked baggage removed from prescribed air service aircraft            89

Subdivision 4.1.1A—Liquid, aerosol and gel products                                   89

4.22A.................... Definitions........................................................................ 89

4.22B..................... Meaning of exempt LAG item........................................... 89

4.22C..................... Meaning of LAG product................................................. 90

4.22D.................... Offence—not establishing LAGs screening point............ 91

4.22E..................... Offence—operator of inbound flight from exempt country 91

4.22F..................... Offence—operator of inbound flight from non‑exempt country              92

4.22G.................... Offence—LAG product passing through LAGs screening point             93

4.22H.................... Offence—more than 1 LAGs bag..................................... 93

4.22HA................. Offence—entering LAGs cleared area other than through screening point with impermissible LAG product.................................................................... 93

4.22I...................... Things to be detected by screening................................... 94

4.22J...................... Dealing with LAG product surrendered during screening 94

4.22K..................... Offence—preventing destruction of surrendered LAG products             94

4.22L..................... Offence—not screening passengers before boarding........ 94

4.22M.................... Offence—not preventing entry to LAGs cleared area....... 95

4.22N.................... Offence—not screening for LAG products...................... 95

4.22O.................... Offence—not screening for more than 1 LAGs bag......... 95

4.22P..................... Offence—sign at LAGs screening point........................... 96

4.22Q.................... Notices.............................................................................. 97

Subdivision 4.1.1B—Security tamper‑evident bags                                        97

4.22R..................... Definitions........................................................................ 97

4.22S..................... Security requirements for security tamper‑evident bags.... 98

4.22T..................... Offence—supply of non‑compliant security tamper‑evident bags            98

Subdivision 4.1.2—Checked baggage screening                                              99

4.23....................... Offence—aircraft operator loading checked baggage that has not been cleared        99

4.24....................... Offence—failure of screening authority to supervise or control               99

4.25....................... International air services transiting Australia—inbound. 100

4.26....................... International air services transferring passengers in Australia—inbound 100

4.27....................... International air services transiting Australia—outbound 100

4.28....................... International air services transferring passengers in Australia—outbound               100

4.37....................... Requirement to notify intending passengers about checked baggage screening       101

4.38....................... Explosives not to be loaded on board aircraft................. 101

4.39....................... Opening of checked baggage.......................................... 101

Division 4.1A—Examining and clearing cargo                                          102

Subdivision 4.1A.1—Requirements for examining and clearing cargo   102

4.41A.................... Application of Subdivision............................................. 102

4.41B..................... Purpose of Subdivision.................................................. 102

4.41C..................... When cargo that has not been examined may receive clearance                102

4.41CA.................. Requirements for cargo to receive clearance................... 102

4.41D.................... Meaning of security declaration..................................... 103

4.41F..................... Offence—issuing a security declaration in certain circumstances             104

4.41G.................... Offence—loading cargo on aircraft if the cargo does not have a security declaration........................................................................................ 105

4.41H.................... Offence—failing to keep records of security declaration 105

Subdivision 4.1A.1A—Notice by Secretary                                                     105

4.41J...................... Notice for examination of cargo—examination requirements under this regulation 105

4.41JA................... Notice for examination of cargo—examination requirements under this regulation 106

4.41JB................... Revocation of notice issued under this Subdivision........ 107

4.41K..................... Offence—failure to comply with regulation 4.41J or 4.41JA notice        107

Subdivision 4.1A.1B—Approving known consignors                                   108

4.41L..................... Known consignors.......................................................... 108

4.41M.................... Applying for approval as a known consignor................. 108

4.41N.................... Decision on application................................................... 108

4.41P..................... Duration of approval....................................................... 109

4.41Q.................... Action by Secretary in relation to approval..................... 110

4.41R..................... Application for re‑approval............................................. 111

4.41S..................... Decision on re‑approval application................................ 111

4.41T..................... Approval continues until decision on re‑approval application  112

4.41U.................... Duration of re‑approval.................................................. 113

4.41V.................... Revocation of known consignor approval on request..... 113

4.41W.................... Revocation of known consignor approval to safeguard against unlawful interference with aviation........................................................................... 113

4.41X.................... Revocation of known consignor approval on other grounds 113

4.41Y.................... Secretary’s list of known consignors.............................. 115

Subdivision 4.1A.1C—Known consignor security programs                      115

4.41Z..................... Secretary must provide known consignor with security program            115

4.41ZA.................. When a known consignor security program is in force... 116

4.41ZB.................. Secretary may vary known consignor security program. 117

4.41ZC.................. Consideration of request to amend known consignor security program as varied by the Secretary......................................................................... 118

4.41ZD.................. Secretary may direct known consignors to vary security programs         119

4.41ZE................... Known consignor may request Secretary to vary known consignor security program........................................................................................ 120

4.41ZF................... Consideration of request to vary known consignor security program      120

4.41ZG.................. Offence—failure to comply with known consignor security program     121

4.41ZH.................. Offence—disclosing known consignor security program information without consent........................................................................................ 121

Subdivision 4.1A.2—Designating regulated air cargo agents                    122

4.42....................... Regulated air cargo agents.............................................. 122

4.43....................... Applying for designation as a RACA............................. 122

4.43A.................... Decision on application................................................... 123

4.43B..................... Duration of designation.................................................. 124

4.43C..................... Action by Secretary in relation to designation................. 124

4.43D.................... Application for designation to be renewed...................... 125

4.43E..................... Decision on renewal of designation application.............. 125

4.43F..................... Designation continues until decision on renewal application 126

4.43G.................... Duration of renewed designation.................................... 127

4.44....................... Revocation of RACA designation on request................. 127

4.44A.................... Revocation of RACA designation to safeguard against unlawful interference with aviation........................................................................................ 127

4.44B..................... Revocation of RACA designation on other grounds...... 128

4.44C..................... Automatic revocation if RACA accredited as AACA..... 129

4.45....................... Secretary’s list of regulated air cargo agents................... 130

Subdivision 4.1A.2A—RACA security programs                                           130

4.46....................... Secretary must provide RACA with security program... 130

4.46A.................... When a RACA security program is in force................... 131

4.46B..................... Secretary may vary RACA security program................. 131

4.46C..................... Consideration of request to amend RACA security program as varied by the Secretary........................................................................................ 132

4.46D.................... Secretary may direct RACAs to vary security programs 133

4.46E..................... RACA may request Secretary to vary RACA security program              134

4.46F..................... Consideration of request to vary RACA security program 134

4.46G.................... Offence—failure to comply with RACA security program 135

4.46H.................... Offence—disclosing RACA security program information without consent           135

Subdivision 4.1A.3—Accrediting accredited air cargo agents                   136

4.47....................... Accredited air cargo agents............................................. 136

4.48....................... Applying for accreditation as an AACA......................... 136

4.49....................... Decision on application................................................... 137

4.50....................... Duration of accreditation................................................. 138

4.51....................... Action by Secretary in relation to accreditation............... 138

4.51A.................... Application for accreditation to be renewed.................... 139

4.51B..................... Decision on renewal of accreditation application............ 139

4.51C..................... Accreditation continues until decision on renewal application  140

4.51CA.................. Duration of renewed accreditation.................................. 141

4.51D.................... Revocation of AACA accreditation on request............... 141

4.51DA................. Revocation of AACA accreditation to safeguard against unlawful interference with aviation........................................................................................ 141

4.51DB.................. Revocation of AACA accreditation on other grounds.... 142

4.51DC.................. Automatic revocation if AACA designated as a RACA. 143

4.51E..................... Secretary’s list of AACAs.............................................. 143

Subdivision 4.1A.4—AACA security programs                                              144

4.51F..................... Secretary must provide AACA with security program... 144

4.51FA.................. When an AACA security program is in force................. 144

4.51FB.................. Secretary may vary AACA security program................. 145

4.51FC.................. Consideration of request to amend AACA security program as varied by the Secretary........................................................................................ 146

4.51FD.................. Secretary may direct AACAs to vary security programs 147

4.51FE................... AACA may request Secretary to vary AACA security program             148

4.51FF................... Consideration of request to vary AACA security program 148

Subdivision 4.1A.5—Offences                                                                             149

4.51G.................... AACA must comply with security program................... 149

4.51H.................... Offence—disclosing AACA security program information without consent           149

Subdivision 4.1A.6Other matters                                                                   149

4.51J...................... Offence—disclosure of information............................... 149

Division 4.2—Weapons                                                                                            151

4.52....................... Aviation industry participants authorised to have weapons (not firearms) in possession in secure areas..................................................................... 151

4.53....................... Persons authorised to have weapons (not firearms) in possession in secure areas   151

4.54....................... Persons authorised to have firearms in possession in airside areas          152

4.55....................... Persons authorised to carry weapons through screening points               153

4.56....................... Persons authorised to have firearms in possession in sterile areas           154

4.57....................... Dealing with weapons surrendered at security controlled airports           154

4.58....................... Dealing with weapons surrendered etc on aircraft.......... 154

4.59....................... Persons authorised to have weapons in possession on prescribed aircraft               154

4.59A.................... Persons authorised to use firearms on prescribed aircraft 155

Division 4.3—Prohibited items                                                                            156

4.60....................... Prescription of sterile area............................................... 156

4.61....................... Aviation industry participants authorised to have prohibited items in possession in sterile areas................................................................................ 156

4.62....................... Persons authorised to have prohibited items that are tools of trade in possession in sterile areas................................................................................ 156

4.63....................... Persons authorised to have prohibited items in possession in sterile areas               158

4.64....................... Persons authorised to carry prohibited items through screening point     158

4.65....................... Persons authorised to have prohibited items in possession on prescribed aircraft    159

Division 4.4—On‑board security                                                                        160

4.66....................... Management and control of passengers.......................... 160

4.67....................... Security of flight crew compartment—all aircraft........... 160

4.68....................... Additional requirements for security of flight crew compartment—aircraft with seating capacity 30 or more......................................................... 161

4.69....................... Pre‑flight security checks................................................ 162

4.70....................... Training programs.......................................................... 162

4.71....................... Unattended aircraft—aircraft operating prescribed air service  163

4.72....................... Unattended aircraft.......................................................... 163

Division 4.5—Movement of persons in custody                                          164

Subdivision 4.5.1—Movement of persons in custody—preliminary         164

4.73....................... Definitions...................................................................... 164

Subdivision 4.5.2—Movement of persons in custody under the Migration Act              164

4.74....................... Application of this Subdivision...................................... 164

4.75....................... Meaning of dangerous for this Subdivision................... 165

4.76....................... Provision of information to operator of prescribed air service—supervised departures........................................................................................ 166

4.77....................... Provision of information to operator of prescribed air service—escorted domestic travel maintaining immigration detention.................................. 166

4.78....................... Provision of information to operator of prescribed air service—escorted international travel by non‑dangerous persons.............................................. 166

4.79....................... Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel by dangerous persons 167

4.80....................... Escort arrangements for flights involving movements of non‑dangerous persons   168

4.81....................... Provision of information to prescribed aircraft’s pilot in command         168

Subdivision 4.5.3—Movement of persons in custody other than under the Migration Act          168

4.82....................... Application of this Subdivision...................................... 168

4.83....................... Definitions for this Subdivision...................................... 168

4.84....................... Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel.................................. 170

4.85....................... Escort arrangements for flights involving movements of non‑dangerous persons   170

4.86....................... Provision of information to prescribed aircraft’s pilot in command         171

Subdivision 4.5.4—Movement of persons in custody—dangerous persons 171

4.87....................... Required escort arrangements for flights involving movements of dangerous persons........................................................................................ 171

Subdivision 4.5.5—Movement of persons in custody—non‑standard movements         172

4.88....................... Meaning of non‑standard movement.............................. 172

4.89....................... Agreement on escort arrangements required for flights involving non‑standard movements........................................................................................ 172

Subdivision 4.5.6—Movement of persons in custody—miscellaneous     173

4.90....................... Approved forms............................................................. 173

4.91....................... Use of single notice for a flight carrying multiple persons in custody      173

4.92....................... Interaction between criminal law and information obligations  173

4.93....................... Incorrect or incomplete information................................ 173

Division 4.6—Control directions                                                                        174

4.95....................... Compliance control directions......................................... 174

Part 5—Powers of officials                                                                                           175

Division 5.1—Aviation security inspectors                                                   175

5.01....................... Identity cards.................................................................. 175

Division 5.2—Airport security guards                                                            176

5.03....................... Training and qualifications of airport security guards..... 176

5.04....................... Identity cards for airport security guards........................ 176

5.05....................... Uniforms of airport security guards................................ 176

Division 5.3—Screening officers                                                                         177

5.06....................... Training and qualifications of screening officers............ 177

5.07....................... Identity cards for screening officers................................ 177

5.08....................... Uniforms of screening officers....................................... 177

Division 5.4—Eligible customs officers                                                           177

5.09....................... Training of eligible customs officers............................... 177

5.10....................... Identity cards for eligible customs officers..................... 178

5.11....................... Uniforms of eligible customs officers............................. 178

Part 6—Security identification                                                                                   179

Division 6.1—Preliminary                                                                                      179

6.01....................... Definitions for this Part.................................................. 179

6.03....................... Kinds of ASICs.............................................................. 183

6.04....................... Kinds of identification document.................................... 183

6.05....................... Authentication of certain foreign documents................... 185

Division 6.2—ASIC programs                                                                             186

6.06....................... What an ASIC program is.............................................. 186

6.07....................... Issuing body to give effect to ASIC program................. 187

6.09....................... Direction to vary ASIC program.................................... 188

6.10....................... Variation of ASIC program by issuing body.................. 188

Division 6.3—Issuing bodies                                                                                 190

6.12....................... Comptroller‑General of Customs and CASA to be issuing bodies          190

6.13....................... Existing issuing bodies................................................... 190

6.15....................... Application for authorisation to issue ASICs................. 190

6.16....................... Decision on application................................................... 190

6.17....................... Issuing bodies’ staff etc.................................................. 191

6.18....................... Copies of ASIC program to be made available............... 191

6.19....................... Revocation of authorisation for cause............................. 192

6.19A.................... Secretary’s discretion to revoke authorisation................. 193

6.20....................... Application by issuing body for revocation of authorisation 194

6.21....................... Revocation does not prevent another application for authorisation           195

6.22....................... Responsibility for ASICs, applications and records if body ceases to be an issuing body........................................................................................ 195

6.22A.................... Transitional issuing bodies............................................. 196

Division 6.4—Record‑keeping                                                                             198

6.23....................... Register of ASICs.......................................................... 198

6.24....................... Other records of issuing bodies...................................... 199

6.25....................... Annual reporting by issuing bodies................................ 199

6.25A.................... Register of VICs and other records................................ 199

6.25B..................... Register of TACs............................................................ 201

Division 6.5—ASICs, TACs and VICs—issue, expiry, suspension and cancellation      203

Subdivision 6.5.1—Definitions for this Division                                            203

6.26A.................... Definitions...................................................................... 203

Subdivision 6.5.2—Issue and form of ASICs                                                   203

6.26....................... ASICs—application for issue......................................... 203

6.27....................... Issue of ASICs............................................................... 203

6.27A.................... Approval of airport operator for airport‑specific ASICs. 204

6.27AA................. Application for background check.................................. 205

6.28....................... ASICs—issue................................................................. 205

6.29....................... ASICs—application to Secretary if person has adverse criminal record or is disqualified........................................................................................ 208

6.29A.................... AusCheck facility to be used when issuing an ASIC..... 210

6.30....................... Report to Secretary of refusal to issue ASICs in certain cases 210

6.31....................... Persons the subject of qualified security assessments..... 210

6.31A.................... Provision of information to Secretary AGD................... 210

6.32....................... ASICs—period of issue and expiry................................ 211

6.33....................... Form of ASICs other than temporary ASICs................. 211

6.35....................... Issue of replacement ASICs........................................... 215

6.36....................... Issue of temporary ASICs.............................................. 216

6.37....................... Form of temporary ASICs.............................................. 218

6.37A.................... Holder of temporary ASIC to be supervised.................. 221

Subdivision 6.5.2A—Issue and form of TACs                                                 221

6.37B..................... Issue of temporary aircrew card...................................... 221

6.37C..................... Holder of TAC to be supervised..................................... 222

6.37D.................... Form of TAC.................................................................. 222

Subdivision 6.5.3—Issue and form of VICs                                                     224

6.37E..................... Who may issue a VIC..................................................... 224

6.37F..................... Approval of aircraft operators as VIC issuers................ 224

6.37G.................... Authorisation of agent of airport operator or Secretary‑approved VIC issuer          225

6.37H.................... VIC issuers’ staff etc...................................................... 226

6.38....................... Issue of VICs................................................................. 227

6.38A.................... Statement of reasons for entry to secure area.................. 228

6.38B..................... Changed reasons for entry.............................................. 228

6.38C..................... Proof of identity.............................................................. 229

6.38D.................... Particulars of VICs......................................................... 230

6.38E..................... The 28 day rule—VICs issued for particular airport....... 231

6.38EA.................. The 28 day rule—additional rules for Secretary‑approved VIC issuers   231

6.38EB.................. The 28 day rule—additional rule for Comptroller‑General of Customs   233

6.38F..................... Temporary exemption from 28 day rule.......................... 233

6.38G.................... VIC issued to applicant for ASIC................................... 233

6.38H.................... VIC issued to ASIC holder............................................ 233

6.38I...................... VIC issued to person in exceptional circumstances........ 234

6.39....................... Default form of VICs..................................................... 234

6.39A.................... Secretary’s approval of the issue of VICs in other forms 237

Subdivision 6.5.3A—Obligations of VIC issuer, VIC holder, ASIC holder or issuing body        239

6.40....................... Obligations of VIC issuer............................................... 239

6.40A.................... Obligations of VIC holder.............................................. 239

6.41....................... Obligation of applicants for, and holders of, ASICs—conviction of aviation‑security‑relevant offence............................................................................ 239

6.41A.................... Obligation on issuing body notified under regulation 6.41 240

6.42....................... Obligation of applicants for, and holders of, ASICs—change of name   241

Subdivision 6.5.4—Suspension of ASICs                                                          241

6.42A.................... Suspension of ASICs—Secretary’s direction................. 241

6.42B..................... Suspension of ASIC by issuing body............................ 241

6.42C..................... Period of suspension of ASIC........................................ 242

6.42D.................... Suspension of temporary ASIC...................................... 242

6.42E..................... Report to Secretary of suspension of ASIC.................... 243

Subdivision 6.5.5—Cancellation and other matters concerning ASICs, VICs and TACs             243

6.42F..................... Definition........................................................................ 243

6.43....................... Cancellation of ASICs.................................................... 243

6.43A.................... Reinstatement of cancelled ASIC—application............... 245

6.43B..................... Reinstatement of ASIC cancelled for qualified security assessment—Secretary’s decision........................................................................................ 245

6.43C..................... Reinstatement of ASIC cancelled for adverse criminal record—Secretary’s decision........................................................................................ 247

6.43D.................... Reinstatement of ASIC subject to condition................... 248

6.43E..................... When issuing body must reinstate cancelled ASIC......... 248

6.43F..................... Cancellation of VICs and TACs..................................... 248

6.44....................... Report of cancellation of ASICs, VICs and TACs in certain cases          249

6.44A.................... Notifying airport operator or employer of suspended or cancelled ASIC                249

6.45....................... Return of red ASICs, grey ASICs, VICs and TACs that have expired etc.             250

6.46....................... Notification of lost, stolen or destroyed ASICs, VICs and TACs           251

6.47....................... Cancellation of ASICs, VICs or TACs at holder’s request 251

6.48....................... Disqualification from holding ASICs for contravening display requirements          252

6.49....................... Minister may recall ASICs, VICs and TACs................. 252

6.50....................... Sample ASICs, VICs and TACs for training purposes.. 252

Division 6.6—Powers of security officers in relation to ASICs, VICs and TACs            253

6.52....................... Definition—security officer............................................ 253

6.53....................... Directions to show valid ASICs, VICs and TACs......... 253

Division 6.7—Security designated authorisations                                     255

6.54....................... Definitions for Division.................................................. 255

6.55....................... Exercise of privileges of flight crew licences etc............. 255

6.55A.................... Functions of CASA........................................................ 256

6.56....................... Request for aviation security status check....................... 256

6.56A.................... Authorisation of certain disclosures of personal information 256

6.57....................... Flight crew licences etc—requirements in relation to issue 257

6.58....................... Secretary’s determination whether a person has adverse aviation security status     258

6.58A.................... Matters to which CASA must have regard in determining aviation security status  258

6.58B..................... Notice by CASA of certain decisions............................. 259

6.59....................... Conviction of holders of security designated authorisation of aviation‑security‑relevant offences.......................................................................... 259

Part 6A—Information‑gathering                                                                             260

6A.01.................... Aviation security information—statistical information about VICs          260

Part 7—Enforcement                                                                                                       261

7.01....................... Purpose and effect of Part............................................... 261

7.02....................... Definition for Part—authorised person.......................... 261

7.03....................... Penalty payable under infringement notice...................... 261

7.04....................... Authorised persons may issue infringement notices....... 261

7.05....................... Contents of infringement notice...................................... 262

7.06....................... Service of infringement notices....................................... 263

7.07....................... Time for payment of penalty........................................... 263

7.08....................... Extension of time to pay penalty..................................... 264

7.09....................... Effect of payment of penalty........................................... 264

7.10....................... Withdrawal of infringement notice.................................. 264

7.11....................... Notice of withdrawal of infringement notices................. 265

7.12....................... Refund of penalty........................................................... 265

Part 8—Review of decisions                                                                                        266

8.01....................... Definitions...................................................................... 266

8.02....................... Review of decisions in relation to ASICs and related matters—decisions of Secretary........................................................................................ 266

8.03....................... Review of decisions in relation to ASICs and related matters—decisions of issuing bodies........................................................................................ 267

8.03A.................... Review of decisions in relation to known consignors..... 267

8.04....................... Review of decisions in relation to regulated air cargo agents 268

8.05....................... Review of decisions in relation to AACAs..................... 268

8.06....................... Review of decisions in relation to VIC issuers............... 268

Part 9—Miscellaneous                                                                                                     269

9.01....................... Threats regarding aviation security................................. 269

9.02....................... Service of notices............................................................ 269

Part 10—Application and transitional matters                                                270

Division 1—Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015                      270

10.01..................... Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015.................................................. 270

Division 2—Amendments made by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015                                           271

10.02..................... Amendments made by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015.............................................................. 271

Division 3—Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015                                                 272

10.03..................... Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015.............................................................. 272

Division 4—Amendments made by the Aviation Transport Security Amendment (Cargo) Regulation 2016                                                                                273

Subdivision A—Preliminary                                                                               273

10.04..................... Definitions...................................................................... 273

Subdivision B—Amendments made by Schedule 1 to the Aviation Transport Security Amendment (Cargo) Regulation 2016                                                        273

10.05..................... Continuation of existing designations for RACAs who have a notice given under regulation 4.41J.............................................................. 273

10.06..................... Security programs for RACAs whose designation has been continued under regulation 10.05........................................................................................ 274

10.07..................... Transition of existing designations for RACAs who do not have a notice given under regulation 4.41J.............................................................. 275

10.08..................... Security programs for RACAs whose designation has been transitioned to accreditation as an AACA under regulation 10.07....................................... 276

10.09..................... Revocation of existing designations for RACAs who do not have a TSP in force immediately before 1 November 2016................................................ 277

10.10..................... Continuation of existing accreditations for AACAs....... 277

10.11..................... Security programs for AACAs whose accreditation has been continued under regulation 10.10.............................................................. 278

10.12..................... Application of offence of loading cargo without security declaration       278

10.13..................... Notices issued under regulation 4.41J............................ 278

10.14..................... High risk cargo............................................................... 278

Division 5—Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016                                                           279

10.18..................... Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 November 2016.... 279

Division 6—Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016                                                   281

10.20..................... Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016....................................... 281

Division 7—Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016                                            282

10.21..................... Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016........................................... 282

Division 8—Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016  283

10.22..................... Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016............................................ 283

Division 9—Amendments made by the Aviation Transport Security Amendment (Persons in Custody) Regulations 2017                                                         285

10.23..................... Amendments made by the Aviation Transport Security Amendment (Persons in Custody) Regulations 2017............................................................ 285

Endnotes                                                                                                                                  286

Endnote 1—About the endnotes                                                                          286

Endnote 2—Abbreviation key                                                                              287

Endnote 3—Legislation history                                                                           288

Endnote 4—Amendment history                                                                         291

 


Part 1Preliminary

  

1.01  Name of Regulations

                   These Regulations are the Aviation Transport Security Regulations 2005.

1.03  Definitions

                   In these Regulations:

AACA means accredited air cargo agent.

AACA security program for an AACA means a security program provided by the Secretary to the AACA under regulation 4.51F, and includes such a security program as varied under these Regulations.

ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN (short for Australian Company Number) has the meaning given by section 9 of the Corporations Act 2001.

Act means the Aviation Transport Security Act 2004.

air security officer means:

                     (a)  a protective service officer, special protective service officer, member, or special member, of the Australian Federal Police who is directed by the Commissioner to carry out the duties of a position of air security officer; or

                     (b)  a person who is:

                              (i)  employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew (other than a person who is employed to provide exclusive personal protection for 1 or more individuals travelling on an aircraft); and

                             (ii)  operating in accordance with an arrangement between the foreign government and the Australian Government.

air traffic control has the same meaning as in the Civil Aviation Regulations 1988.

ANA means the Air Navigation Act 1920.

ANR means the Air Navigation Regulations 1947.

ARBN (short for Australian Registered Body Number) has the meaning given by section 9 of the Corporations Act 2001.

ASIC means aviation security identification card.

Australia means the Commonwealth of Australia and, when used in a geographical sense, includes:

                     (a)  the Territory of Christmas Island; and

                     (b)  the Territory of Cocos (Keeling) Island; and

                     (c)  the Territory of Norfolk Island.

aviation security identification card means a card of that type issued under Part 6.

biosecurity official has the same meaning as in the Biosecurity Act 2015.

carry‑on baggage means an article or possession of a passenger on, or a member of the crew of, an aircraft, being an article or possession that is accessible to the passenger or crew member while the aircraft is in flight.

categorised airport means an airport that was a categorised airport under the ANA.

charter operation means an operation of an aircraft for the purpose of:

                     (a)  a service of providing air transportation of people, or both people and goods, that:

                              (i)  is provided for a fee payable by persons using the service; and

                             (ii)  is not available to the general public;

                            whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

                     (b)  a service of providing air transportation of people, or both people and goods, that:

                              (i)  is provided for a fee payable by persons using the service; and

                             (ii)  is available to the general public; and

                            (iii)  is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

                     (c)  a service of providing air transportation of people, or both people and goods, that:

                              (i)  is not provided for a fee payable by persons using the service; and

                             (ii)  is not available to the general public; and

                            (iii)  is conducted in accordance with fixed schedules to or from fixed terminals over specific routes.

checked baggage means an article or possession of an aircraft passenger or crew member that:

                     (a)  has been checked in for a flight on the aircraft; and

                     (b)  is intended to be carried on board the aircraft or another aircraft; and

                     (c)  if carried in an aircraft, is not accessible to the passenger or crew member while the aircraft is in flight.

checked in, in relation to an item of checked baggage, means that the item:

                     (a)  has been presented to an aircraft operator, or another person on the operator’s behalf, for carrying on a flight on board an aircraft of the operator; and

                     (b)  has been accepted by the aircraft operator, or the other person on the operator’s behalf, for that purpose.

child means a person who has not turned 18 years of age.

class of regulated business includes a class identified by reference to the kind of site or facility where a regulated business originates, examines or handles cargo.

crew includes flight crew and cabin crew, and any other person travelling on board an aircraft for any purpose relating to the aircraft’s operation or to examine the qualifications or competency of its flight crew.

designated airport means each of the following airports:

                     (a)  Adelaide Airport;

                     (c)  Brisbane Airport;

                     (d)  Cairns Airport;

                     (e)  Canberra Airport;

                      (f)  Coolangatta Airport;

                     (g)  Darwin Airport;

                      (i)  Melbourne Airport;

                      (j)  Perth Airport;

                     (k)  Sydney Airport.

domestic air service means an air service provided by means of a flight from a place within Australia to another place within Australia with no intermediate stop outside Australia.

exempt country means New Zealand or the United States of America.

exempt duty free item, in relation to a passenger who will arrive in Australia on an aircraft operating an inbound international air service, means a duty free item that:

                    (aa)  is acquired at an airport retail outlet at the point of origin of the flight, or a port of call before reaching Australia, at which all goods for sale:

                              (i)  undergo security screening at the point of entry to the airport; and

                             (ii)  are protected from unlawful interference by a process of supply chain security from the time they are delivered to the airport; and

                     (a)  is collected by the passenger at the boarding gate before boarding the aircraft for departure from the airport where the item was acquired; and

                     (b)  is in a sealed plastic bag with proof of purchase by the passenger affixed to the bag, or enclosed in the bag, so that proof of purchase is visible.

exempt LAG item has the meaning given in regulation 4.22B.

grey ASIC means an ASIC of the design set out in subregulation 6.33(3) or 6.37(2).

ICAO has the same meaning as in the Civil Aviation Act 1988.

immediate family of a person means the following individuals, if they are travelling with the person:

                     (a)  the person’s spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901);

                     (b)  the person’s child (including an adopted child);

                     (c)  a child for whom the person is a legal guardian.

Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.

immigration detention has the same meaning as in the Migration Act.

international air service means an air service provided by means of a flight:

                     (a)  from a place within Australia to a place outside Australia; or

                     (b)  from a place outside Australia to a place within Australia.

international cargo means cargo that is destined for a foreign country, but does not include cargo that:

                     (a)  originates overseas; and

                     (b)  arrives at an Australian airport on an aircraft operating an inbound international air service; and

                     (c)  either remains on board the aircraft, or is transferred to another aircraft operating an outbound international air service; and

                     (d)  if the cargo is transferred—remains in the airside area of the airport during the transfer.

jet means a fixed‑wing aircraft powered by gas‑turbine engines (other than turbo‑prop engines).

known consignor security program for a known consignor means a security program provided by the Secretary to the known consignor under regulation 4.41Z, and includes such a security program as varied under these Regulations.

LAG product has the meaning given in regulation 4.22C.

LAGs bag means a transparent plastic bag that:

                     (a)  may be sealed and unsealed using a resealing mechanism that is a part of the bag; and

                     (b)  has an area enclosed by the sealing mechanism that has, when the bag is laid flat, a perimeter of 80 cm or less.

LAGs cleared area means an area of a security controlled airport, at least one entrance to which (for use by persons required to be screened) is a LAGs screening point.

Note:          A LAGs cleared area may have entrances other than a LAGs screening point for use solely by persons who may enter a LAGs cleared area other than through a screening point.

LAGs container means a container that has a capacity of 100 ml or less.

LAGs screening point means a screening point at a security controlled airport at which passengers travelling on an international air service (including any domestic sectors of such a service) are screened for LAG products.

Migration Act means the Migration Act 1958.

non‑exempt country means a country that is not an exempt country.

officer of Customs has the same meaning as in the Customs Act 1901.

open charter operation means a charter operation of the kind described in paragraph (b) of the definition of charter operation.

originate, in relation to a known consignor, has a meaning affected by regulation 1.03A.

parent: without limiting who is a parent of anyone for the purposes of these Regulations, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.

permitted item has the meaning given by subregulation 4.13A(1).

photograph of somebody includes a digital image of him or her.

qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

RACA means regulated air cargo agent.

RACA security program for a RACA means a security program provided by the Secretary to the RACA under regulation 4.46, and includes such a security program as varied under these Regulations.

red ASIC means an ASIC of the design set out in subregulation 6.33(2) or 6.37(1).

regular public transport operation means an operation of an aircraft for the purposes of the carriage of people, or both people and goods, of an air service that:

                     (a)  is provided for a fee payable by persons using the service; and

                     (b)  is available to the general public on a regular basis; and

                     (c)  is conducted in accordance with fixed schedules to or from fixed terminals over specific routes.

regulated business means:

                     (a)  an AACA; or

                     (b)  an operator of a prescribed air service; or

                   (ba)  a known consignor; or

                     (c)  a RACA.

regulation 4.41JA notice has the meaning given by subregulation 4.41JA(2).

regulation 4.41J notice has the meaning given by subregulation 4.41J(2).

screened air service—see regulation 4.02.

screening authority means a person specified by notice under regulation 4.03.

secure area means a landside security zone or the airside area (including airside security zone) of a security controlled airport.

Note:          For the definitions of landside security zone and airside area, see section 9 of the Act and regulations 3.01 and 3.02.

security contact officer has the meaning given by subregulation 2.01(1).

security declaration has the meaning given by regulation 4.41D.

security program means:

                     (a)  in relation to a known consignor—the known consignor security program for the known consignor; or

                     (b)  in relation to a RACA—the RACA security program for the RACA; or

                     (c)  in relation to an AACA—the AACA security program for the AACA; or

                     (d)  in relation to an aviation industry participant who is an operator of a security controlled airport, an operator of a prescribed air service or Airservices Australia—the TSP for the aviation industry participant.

security tamper‑evident bag has the meaning given by regulation 4.22R.

TAC means a temporary aircrew card issued under regulation 6.37B.

traffic period, for a security controlled airport, means a period that begins 2 hours before the scheduled time of arrival, and ends 2 hours after the actual time of departure, of a scheduled air service that operates to or from the airport.

TSP means transport security program.

unauthorised explosive means any explosive or explosive device, other than an explosive or explosive device that is to be carried as cargo in relation to which the Secretary has issued a written notice under subparagraph 44B(2)(b)(i) of the Act.

unauthorised person, in relation to a place or thing, means a person who:

                     (a)  is not authorised by the owner or person in control of the place or thing to have access to the place or thing; and

                     (b)  has no other lawful reason to have access to the place or thing.

unlawful non‑citizen has the same meaning as in the Migration Act.

Note:          See sections 13, 14 and 15 of that Act.

VIC means visitor identification card.

visitor identification card means a card of that type issued under Part 6.

white ASIC means an ASIC of the design set out in subregulation 6.33(3A).

1.03A  Meaning of originate in relation to known consignors

                   Cargo originates with a known consignor in circumstances including the following:

                     (a)  where the known consignor makes, manufactures, assembles or otherwise produces the goods that are, or are reasonably likely to be, cargo;

                     (b)  where the known consignor has not made, manufactured, assembled or otherwise produced the goods that are, or are reasonably likely to be, cargo, but the known consignor:

                              (i)  is the owner or person in control of the goods; and

                             (ii)  the goods are in the known consignor’s possession when the goods become, or become reasonably likely to be, cargo.

1.04  What properly displaying means

             (1)  For these Regulations, somebody is properly displaying an ASIC, VIC or TAC only if it is attached to his or her outer clothing:

                     (a)  above waist height; and

                     (b)  at the front or side of his or her body; and

                     (c)  with the whole front of the ASIC, VIC or TAC clearly visible.

             (2)  He or she is not properly displaying the ASIC, VIC or TAC if anything adhering to it obscures a photograph or anything else on it.

1.05  Meaning of valid ASIC, valid VIC and valid TAC

             (1)  In these Regulations:

valid, used about a red ASIC, grey ASIC, VIC or TAC, means:

                     (a)  issued in accordance with Part 6; and

                     (b)  not expired, suspended or cancelled; and

                     (c)  not altered or defaced (permanently or temporarily); and

                     (d)  issued to the person who shows or displays it.

             (2)  For the purposes of a provision of these Regulations that refers to a person displaying a valid ASIC in a place without specifying which kind of ASIC is to be displayed, a person is taken to be displaying a valid ASIC in the place only if:

                     (a)  the person is properly displaying a valid red ASIC; or

                     (b)  if regulation 3.03 does not require the person to be properly displaying a valid red ASIC in the place—the person is properly displaying a valid grey ASIC.

Note:          A requirement under these Regulations to display a valid ASIC cannot be satisfied with a white ASIC.

1.05A  Categories of airports

                   A reference in these Regulations to a security controlled airport that is identified by reference to a category is a reference to a security controlled airport that is assigned to that category by the Secretary under subsection 28(6) of the Act.

Example:    A category 1 security controlled airport is a security controlled airport that has been assigned to category 1 by the Secretary under subsection 28(6) of the Act.

1.06  Prescribed air services

             (1)  For the definition of prescribed air service in section 9 of the Act, an air service of any of the following kinds is prescribed:

                     (a)  a regular public transport operation;

                     (b)  an air service in which a jet is used;

                     (c)  an air service in which an aircraft with a certificated maximum take‑off weight greater than 5 700 kilograms is used.

             (2)  However, an air service is not taken to be a prescribed air service if the Secretary declares, by instrument in writing, that the air service is not a prescribed air service.

1.08  Security designated authorisations

                   For the definition of security designated authorisation in section 9 of the Act, each of the following authorisations:

                     (a)  a flight crew licence;

                     (b)  a special pilot licence;

(in each case within the meaning given by the Civil Aviation Regulations 1988) is a security designated authorisation.

1.09  Weapons

             (1)  For paragraph (b) of the definition of weapon in section 9 of the Act, each thing of the kind described in column 2 of an item in table 1.09 is a weapon.

Note 1:       Firearms of all kinds are already weapons—see the definition in section 9 of the Act.

Note 2:       Subregulation (8) (after the table) excepts defibrillators (which are arguably covered by item 5 of the table) from the general definition in subregulation (1).

             (2)  Examples set out in an item of the table are not exhaustive of the things described in the item.

             (3)  To avoid doubt, nothing in this regulation implies that an article or thing not described in the table is permitted to be carried by air if its carriage would be prohibited by another law.

Note:          See in particular section 23 of the Civil Aviation Act 1988 and Part 92 of the Civil Aviation Safety Regulations 1998 in relation to the carriage of dangerous goods.

             (4)  A replica or an imitation of a weapon is also a weapon.

             (5)  A thing that is both a prohibited item and a weapon is, for the purposes of these Regulations, a weapon.

             (6)  However, such a thing that is part of an aircraft’s stores or emergency equipment, or of an airline operator’s or airport operator’s emergency equipment, is taken not to be a weapon if it is not readily accessible to passengers or the public generally.

Table 1.09       Weapons

 

Column 1

Item

Column 2

Description of things

1

Parts and ammunition for firearms

Examples:         Flares

Gun powders

Note:       Firearms are defined as weapons in s 9 of the Act.

2

Sharp things designed to be used primarily to inflict injury or to be used in self‑defence

Examples:         Daggers, flick‑knives, star knives and Shuriken throwing irons and stars

Harpoons

Sabres, swords and swordsticks and similar things

Spears

3

Blunt things designed to inflict injury or to be used in self‑defence

Examples:         Billy clubs and leather billies

Blackjacks

Martial arts equipment such as knuckle dusters, clubs, coshes, rice flails and numchucks, kubatons and kubasaunts

Night sticks and batons

4

Things capable (with or without modification) of discharging projectiles for the purpose of disabling or incapacitating a person or animal

Examples:         Ballistic knives and similar devices designed to discharge a projectile by means of an explosive or other propellant or mechanism

Blow pipes

Cross‑bows

Spear guns

Hunting slings

Catapults

Slingshots

Bows and arrows

5

Things designed to disable or incapacitate, or otherwise harm, a person or animal

Examples:          Stun guns

Things capable of being used to administer an electric shock; for example, cattle prods and Tasers

Note:          See subregulation (8).

Disabling and incapacitating chemicals, gases or sprays, such as Mace, pepper or capsicum spray, tear gas, acid sprays and animal‑repellent sprays

6

Explosive or incendiary devices and flammable materials not ordinarily found around the home

Examples:         Dynamite

Explosives (plastic or otherwise)

Blasting caps

Blow‑torches

Detonators, fuses and detonator cord

Explosive flares in any form

Grenades

Mines and other explosive military stores

Smoke cartridges

7

Biotoxins and infectious substances

Examples:         Preparations of anthrax spores

8

Chemical toxins

Examples:         Chemical warfare agents

             (7)  To avoid doubt, a telescopic sight is not a weapon.

             (8)  Despite subregulation (1) and item 5 of the table, a defibrillator is taken not to be a weapon if it is required for medical purposes or is part of an aircraft’s equipment.

Part 2Transport security programs

Division 2.1Preliminary

2.01  Definitions for Part

             (1)  In this Part:

security contact officer, for an aviation industry participant, means a person appointed by the participant to carry out the responsibilities of a security contact officer for the participant.

             (2)  In this Part:

                     (a)  a reference to an audit is a reference to an examination by an aviation industry participant of security measures under the participant’s TSP to find out whether the measures have been implemented correctly; and

                     (b)  a reference to review of an aviation industry participant’s TSP is a reference to an evaluation by the participant of security measures and procedures under its TSP to find out whether the measures and procedures are adequate.

2.02  Security contact officers

             (1)  The responsibilities of a security contact officer for an aviation industry participant for this Part are:

                     (a)  to facilitate the development, implementation, review and maintenance of the participant’s TSP; and

                     (b)  to undertake liaison with other aviation industry participants in relation to aviation security matters.

             (2)  An aviation industry participant that must have a TSP must appoint a security contact officer who has the knowledge, skills, training, qualifications or other requirements set out in its TSP.

Penalty:  10 penalty units.

             (3)  A security contact officer for an aviation industry participant must be the participant or an employee of the participant.

2.03  Aviation industry participants that must have TSPs

                   For the purposes of paragraph 12(1)(c) of the Act, Airservices Australia is prescribed as an aviation industry participant that is required to have a transport security program.

Note:          Operators of security controlled airports and operators of prescribed air services are also required to have a transport security program—see section 12 of the Act.

2.04  Aviation industry participants to which more than 1 Division applies

                   To avoid doubt, if 2 or more Divisions of this Part apply to an aviation industry participant that is required to have a TSP, the participant’s TSP must comply with both or all of the applicable Divisions.

2.05  What all TSPs must contain

                   A TSP for an aviation industry participant must contain a statement signed by the participant to the effect that the participant believes that the TSP gives effect to the participant’s obligation in subsection 16(1) of the Act.

2.06  Offence—disclosing TSPs without consent

                   A person must not disclose to any other person any information about the content of an aviation industry participant’s TSP without the consent of the participant.

Penalty:  50 penalty units.

Division 2.2Operators of security controlled airports

2.07  What this Division does

                   This Division sets out the requirements about the content of a TSP for the operator of a security controlled airport.

2.08  Application of this Division

             (1)  This Division applies to the operator of a security controlled airport.

             (2)  A reference in this Division to an airport operator is a reference to the operator of a security controlled airport.

2.09  Scope of airport operator’s TSP

                   An airport operator’s TSP must cover any aviation‑security‑related activity on the airport that is not covered by the TSP of any other aviation industry participant.

2.10  What airport operator’s TSP must contain—outline etc.

                   The TSP must set out an outline of the objectives of the TSP and must include:

                     (a)  a statement outlining the local security risk context of the airport, including consideration of its location and seasonal and operational factors; and

                     (b)  a list of general threats and generic security risk events to people, assets, infrastructure and operations; and

                     (c)  an outline of the people, assets, infrastructure and operations that need to be protected.

2.11  What airport operator’s TSP must contain—procedures for managing security etc

             (1)  The TSP must set out the procedures for managing security at the airport, including:

                     (a)  organisational structures and security management arrangements; and

                     (b)  the roles and responsibilities of security contact officers, security staff and contractors; and

                     (c)  the roles and responsibilities of other staff who have been assigned security duties and responsibilities.

             (2)  The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation between the operator and relevant third parties.

Note:          Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.

             (4)  The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.

2.12  What airport operator’s TSP must contain—procedures for quality control

             (1)  The TSP must set out quality control procedures, including:

                     (a)  details of how audits are scheduled; and

                     (b)  the procedures for carrying out an audit; and

                     (c)  the procedures for reviewing the TSP, including a process for consultation during such a review; and

                     (d)  a description of the circumstances that will require a review of the TSP, including those surrounding the occurrence of an aviation security incident.

             (2)  An operator must:

                     (a)  retain the records of an audit for 7 years; and

                     (b)  retain the records of a review for 3 years.

2.13  What airport operator’s TSP must contain—description of airport

             (1)  The TSP must set out:

                     (a)  the name of the airport; and

                     (b)  its geographic location, including a reference to the closest population centre; and

                     (c)  whether or not access into landside and airside areas and zones of the airport, and the internal security of such areas and zones, is controlled at all times; and

                     (d)  details of procedures for security outside the airport’s normal hours of operation.

          (1A)  The TSP must be accompanied by a document that sets out:

                     (a)  the types of aircraft operations that operate to and from the airport, including regular public transport, cargo, general aviation and joint‑user facilities and other significant operations that may require security considerations; and

                     (b)  the size of the airport; and

                     (c)  a description of significant features affecting the security of the airport perimeter, such as waterways or residential areas; and

                     (d)  a description of the airside and landside operations for which the operator has responsibility; and

                     (e)  the hours during which the airport normally operates.

          (1B)  If a screened air service operates from the airport, the TSP must be accompanied by a document that contains a description of the apron or aprons for the airport.

             (2)  The TSP must identify all aviation industry participants that have a facility at, or are located within, the airport that are required to have a TSP, or are covered by the airport operator’s TSP or another aviation industry participant’s TSP.

             (3)  The operator of a security controlled airport must, within 7 working days after becoming aware of a change in any of the details mentioned in subregulation (1), (1A) or (2), notify the Secretary in writing of the new details.

Penalty:  20 penalty units.

             (4)  The TSP must be accompanied by a document that sets out:

                     (a)  the operator’s name; and

                     (b)  the name of its chief executive officer or manager; and

                     (c)  the operator’s mailing address, if different to the airport’s location; and

                     (d)  the operator’s fax number; and

                     (e)  the contact telephone number for the operator, including an after‑hours number; and

                      (f)  an alternative contact person and number; and

                     (g)  the name of the security contact officer and his or her business phone number, fax number, e‑mail address and a 24‑hour security contact number.

             (5)  The operator of a security controlled airport must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (4) to accompany the TSP), notify the Secretary in writing of the new details.

Penalty:  20 penalty units.

             (6)  A contravention of subregulation (3) or (5) is an offence of strict liability.

             (7)  The operator must give each other aviation industry participant that has a facility at, or is located within, the airport:

                     (a)  contact details for the operator, including contact details for the operator’s security contact officer; and

                     (b)  details of the procedures to make known the location of airside areas, airside security zones and landside security zones within the boundaries of the airport; and

                     (c)  details of the procedures to check the identity of persons who are authorised to have access to those areas and security zones.

             (8)  The TSP must require the airport operator to maintain a system to enable all aviation industry participants that have a facility at, or are located within, the airport to be contacted if an aviation security incident occurs.

2.14  Required information about proposed security zones at airport operator’s airport

                   If an airport operator wishes the Secretary to establish an airside security zone or a landside security zone at the airport, the operator’s TSP must be accompanied by a document that sets out:

                     (a)  the purpose of establishing the zone; and

                     (b)  the proposed boundaries of the zone; and

                     (c)  if applicable, the period when, or the circumstances in which, the zone will be in force; and

                     (d)  the name or position of the person or persons responsible for security measures in relation to the zone.

2.15  What airport operator’s TSP must contain—map of airside and landside areas and security zones

                   A map that accompanies the TSP for the purposes of paragraph 17(2)(a) of the Act:

                     (a)  must have a linear scale; and

                     (b)  must show a north point; and

                     (c)  must show the latitude and longitude of the airport; and

                     (d)  must be in black and white, with limited shading, or in colour; and

                     (e)  must be a clear and light featured depiction of the airport and its airside and landside areas; and

                      (f)  must be on A4‑size paper or in electronic form.

Note:          The TSP for an airport operator must include a map of the airside and landside boundaries within the airport—see paragraph 17(2)(a) of the Act.

2.16  What airport operator’s TSP must contain—physical security and access control

             (1)  The TSP must set out the security measures and procedures to be used within the airport, including measures and procedures:

                     (a)  to control access at the airport and maintain the integrity of access control systems; and

                    (aa)  to monitor and control access to landside and airside security zones; and

                     (b)  to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things; and

                     (c)  to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things; and

                     (d)  to deter and detect unauthorised access into a landside security zone by people, vehicles or things; and

                     (e)  to be applied to unattended aircraft; and

                      (f)  to assess, identify and respond to unknown substances; and

                     (g)  to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and

                     (h)  to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges.

             (2)  The TSP must:

                     (a)  specify the security measures and procedures that have been implemented within the airport; and

                     (b)  be accompanied by a document that sets out a timetable for implementation of any security measures and procedures that have not been implemented.

Issuing VICs for access control

             (3)  If an airport operator intends to authorise agents to issue VICs on behalf of the airport operator, the TSP must set out procedures for:

                     (a)  how the airport operator will authorise agents; and

                     (b)  auditing an agent’s practices.

             (4)  If an airport operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:

                     (a)  the form; and

                     (b)  whether VICs issued by the airport operator’s agents will be in the different form.

             (5)  An airport operator’s TSP may set out:

                     (a)  more than 1 form for a VIC; and

                     (b)  that the airport operator’s agents may use a different form, set out in the TSP, than that used by the airport operator.

             (6)  An airport operator’s TSP may state that the airport operator (or its agent) must not issue VICs in the form set out in regulation 6.39.

             (7)  If an airport operator intends to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the airport operator within 7 days after the VIC has expired.

2.17  What airport operator’s TSP must contain—screening and clearing

             (1)  If a screened air service operates from the airport, the TSP must set out measures and procedures to carry out screening and clearing of persons and baggage.

             (2)  These measures and procedures must include:

                     (a)  the locations where screening is undertaken; and

                     (e)  measures and procedures to control the movement of passengers; and

                      (f)  procedures for handling and screening transit passengers from inbound international flights at their first Australian port of call; and

                     (g)  measures to ensure that non‑screened passengers on arriving aircraft (for example, small general‑aviation aircraft) do not mix or interfere with screened passengers; and

                     (h)  measures and procedures to handle:

                              (i)  diplomats and other VIPs; and

                             (ii)  government couriers and diplomatic bags; and

                            (iii)  passengers with reduced mobility or a medical condition; and

                            (iv)  persons in custody; and

                             (v)  suspect behaviour by a passenger; and

                            (vi)  transit passengers; and

                      (i)  measures and procedures to follow sterile area breaches, including post‑breach recovery plans.

2.18  What airport operator’s TSP must contain—checked baggage screening

                   If the airport operator carries out checked baggage screening itself, the TSP must include:

                     (a)  measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and

                     (b)  measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; and

                     (c)  procedures to treat unattended and suspect baggage; and

                     (d)  measures and procedures to respond to the detection of explosives.

2.18A  What airport operator’s TSP must contain—enhanced inspection area screening

             (1)  This regulation applies to the TSPs for the operators of the following airports:

                     (a)  Adelaide Airport;

                     (c)  Brisbane Airport;

                     (d)  Cairns Airport;

                     (e)  Canberra Airport;

                      (f)  Coolangatta Airport;

                     (g)  Darwin Airport;

                      (i)  Melbourne Airport;

                      (j)  Perth Airport;

                     (k)  Sydney Airport.

             (2)  If a screened air service operates from an airport mentioned in subregulation (1) at which an enhanced inspection area has been established, the airport operator’s TSP must set out the following matters:

                     (a)  measures and procedures to carry out screening for the area, including details of the locations where screening is undertaken; and

                     (b)  details of training that will be provided to screening officers that carry out screening for the area; and

                     (c)  measures and procedures for responding to the detection of weapons.

             (3)  For paragraph (2)(b):

                     (a)  the training must be training that meets all of the training requirements of paragraphs 5.06(d) and (e); and

                     (b)  paragraph 5.06(d) applies as if the reference in subparagraph (i) of that paragraph to a sterile area were a reference to an enhanced inspection area.

2.19  What airport operator’s TSP must contain—cargo facilities with direct access to airside

                   If a screened air service operates from the airport, the TSP must be accompanied by a document listing each facility that has direct access to the airside of the airport and is responsible for receiving, processing and clearing cargo.

2.20  What airport operator’s TSP must contain—control of firearms, other weapons and prohibited items

             (1)  The TSP must include:

                     (a)  measures to deter unauthorised possession of firearms, other weapons and prohibited items; and

                     (b)  procedures for dealing with surrendered firearms, other weapons and prohibited items; and

                     (c)  procedures for handling and movement of firearms and other weapons; and

                     (d)  procedures for using firearms and other weapons in the airside area or landside security zones; and

                     (e)  methods for ensuring that staff who have a need to know are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within the airport.

             (2)  The airport operator must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws.

2.21  Required information about measures and procedures in the event of a heightened security alert

             (1)  The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.

             (2)  Those measures and procedures must include:

                     (a)  procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and

                     (b)  procedures for reporting aviation security breaches, including occurrences that threaten the security of the airport; and

                     (c)  procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including:

                              (i)  an aircraft hijacking; and

                             (ii)  a bomb threat; and

                            (iii)  a failure of critical security equipment; and

                     (d)  procedures for responding to any special security direction given by the Secretary, including procedures to communicate directions within the airport; and

                     (e)  procedures for raising the awareness and alertness of staff to security threats and their responsibility to report aviation security incidents and breaches; and

                      (f)  details of any other security contingency procedures and plans.

2.22  What airport operator’s TSP must contain—personnel with particular security roles

             (1)  The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the operator in respect of the security‑related aspects of their positions.

             (2)  The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s airport.

             (3)  In this regulation:

relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s airport.

Division 2.3Operators of prescribed air services

2.25  What this Division does

                   This Division sets out the requirements about the content of a TSP for the operator of a prescribed air service.

2.26  Application of this Division

             (1)  This Division applies to the operator of a prescribed air service.

             (2)  A reference in this Division to an aircraft operator is a reference to the operator of a prescribed air service.

2.27  Scope of aircraft operator’s TSP

                   An aircraft operator’s TSP must cover any aviation‑security‑related activity that is relevant to its operations, including significant facilities on security controlled airports.

2.28  What aircraft operator’s TSP must contain—outline etc.

                   The TSP must set out an outline of the objectives of the TSP and must include:

                     (a)  a statement outlining the local security risk context of the operator, including consideration of location, seasonal and operational factors; and

                     (b)  a list of general threats and generic security risk events to people, assets, infrastructure and operations; and

                     (c)  an outline of the people, assets, infrastructure and operations that need to be protected.

2.29  What aircraft operator’s TSP must contain—procedures for managing security etc

             (1)  The TSP must set out procedures for managing security at the operator’s facilities, including:

                     (a)  organisational structures and security management arrangements; and

                     (b)  the roles and responsibilities of security contact officers, security staff and contractors; and

                     (c)  the roles and responsibilities of other staff who have been assigned security duties and responsibilities.

             (2)  The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation:

                     (a)  between the operator and the operator of any security controlled airport at which the operator has a facility; and

                     (c)  between the operator and relevant third parties.

Note:          Relevant third parties might, for example, include police, tenants or lessees.

             (3)  The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.

2.30  What aircraft operator’s TSP must contain—procedures for quality control

             (1)  The TSP must set out quality control procedures, including:

                     (a)  details of how audits are scheduled; and

                     (b)  the procedures for carrying out an audit; and

                     (c)  the procedures for reviewing the TSP, including a process for consultation during such a review; and

                     (d)  a description of the circumstances that will require a review of the TSP, including those surrounding the occurrence of an aviation security incident.

             (2)  An operator must:

                     (a)  retain the records of an audit for 7 years; and

                     (b)  retain the records of a review for 3 years.

2.31  What aircraft operator’s TSP must contain—details of operator’s name and operations

             (1)  The TSP must set out:

                     (a)  the name of the operator; and

                     (b)  the geographic location of each of its operational facilities that is located within a security controlled airport; and

                     (c)  for each of the operator’s operational facilities—details of procedures for security outside the facility’s normal hours of operation.

          (1A)  The TSP must be accompanied by a document that sets out:

                     (a)  the types of aircraft operations the operator carries on (including regular public transport, cargo and general aviation operations) that may require security considerations, including:

                              (i)  details of the operator’s aircraft, including aircraft types and numbers; and

                             (ii)  details of regular routes flown and airports served; and

                     (b)  for each of the operator’s operational facilities—the hours of the facility’s normal operation.

             (2)  The operator of a prescribed air service must, within 7 working days after becoming aware of a change in any of the details mentioned in subregulation (1) or (1A), notify the Secretary in writing of the new details.

Penalty:  20 penalty units.

             (3)  The TSP must be accompanied by a document that sets out:

                     (a)  the operator’s name; and

                     (b)  the name of its chief executive officer or manager; and

                     (c)  the operator’s mailing address; and

                     (d)  the operator’s fax number; and

                     (e)  the contact telephone number for the operator, including an after‑hours number; and

                      (f)  an alternative contact person and number; and

                     (g)  the name of the security contact officer and his or her business phone number, fax number, e‑mail address and a 24‑hour security contact number.

             (4)  The operator of a prescribed air service must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (3) to accompany the TSP), notify the Secretary in writing of the new details.

Penalty:  20 penalty units.

             (5)  A contravention of subregulation (2) or (4) is an offence of strict liability.

             (6)  The operator of a prescribed air service must give the operator of each security controlled airport at which it has a facility contact details for the facility, including contact details for the operator’s security contact officer.

2.32  What aircraft operator’s TSP must contain—physical security and access control

             (1)  The TSP must set out the security measures and procedures to be used within each of the operator’s facilities, including measures and procedures:

                     (a)  to control access to aircraft and facilities and maintain the integrity of access control systems; and

                     (b)  to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things; and

                     (c)  to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things; and

                     (d)  to deter and detect unauthorised access into a landside security zone by people, vehicles or things; and

                     (e)  to be applied to unattended aircraft; and

                      (f)  to assess, identify and respond to unknown substances; and

                     (g)  to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and

                     (h)  to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges.

             (2)  The TSP must:

                     (a)  specify the security measures and procedures that have been implemented within each of the operator’s facilities; and

                     (b)  be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented.

             (3)  If:

                     (a)  the facilities are next to or form part of an enhanced inspection area; and

                     (b)  the operator controls a designated access point to the area;

the TSP must set out information about the surveillance measures and procedures used to deter and detect unauthorised access to the area.

             (4)  In paragraph (3)(b), designated access point means an access point designated by the operator.

Issuing TACs for access control

             (5)  If an aircraft operator intends to issue TACs, the TSP must set out the process for how the aircraft operator will issue TACs.

Issuing VICs for access control

             (6)  If an aircraft operator intends to authorise agents to issue VICs on behalf of the aircraft operator, the TSP must set out procedures for:

                     (a)  how the aircraft operator will authorise agents; and

                     (b)  auditing an agent’s practices.

             (7)  If an aircraft operator is approved by the Secretary to issue VICs and the aircraft operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:

                     (a)  the form; and

                     (b)  whether VICs issued by the aircraft operator’s agents will be in the different form.

             (8)  An aircraft operator’s TSP may set out:

                     (a)  more than 1 form for a VIC; and

                     (b)  that an aircraft operator’s agents may use a different form, set out in the TSP, than that used by the aircraft operator.

             (9)  An aircraft operator’s TSP may state that the aircraft operator (or its agent) must not issue VICs in the form set out in regulation 6.39.

           (10)  If an aircraft operator is approved by the Secretary to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the aircraft operator within 7 days after the VIC has expired.

2.33  What aircraft operator’s TSP must contain—control of firearms, other weapons and prohibited items

             (1)  The aircraft operator must ensure that procedures in the TSP include:

                     (a)  measures to deter unauthorised possession of firearms, other weapons and prohibited items; and

                     (b)  procedures for dealing with surrendered firearms, other weapons and prohibited items; and

                     (c)  procedures for handling and movement of firearms and other weapons; and

                     (e)  methods for ensuring operational staff are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within the airport.

             (2)  The aircraft operator must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws.

2.34  What aircraft operator’s TSP must contain—check‑in and boarding procedures

                   The TSP must set out passenger check‑in and boarding procedures, including procedures for dealing with any anomalies in passenger reconciliation that may arise during check‑in or boarding.

2.35  What aircraft operator’s TSP must contain—screening and clearing

                   If the operator carries out passenger or crew screening, the TSP must include:

                     (a)  measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and

                     (b)  measures to ensure that screened passengers departing from or boarding an aircraft do not mix with unscreened passengers on arriving aircraft; and

                     (c)  measures and procedures to carry out screening and clearing of carry‑on baggage, including details of the locations where that screening and clearing is undertaken; and

                     (d)  measures and procedures for the screening and clearing of transit passengers, including passengers who cannot leave the aircraft during transit; and

                     (e)  procedures to treat suspect passengers or carry‑on baggage; and

                      (f)  measures and procedures to control the movement of passengers; and

                     (g)  measures and procedures to handle:

                              (i)  diplomats and other VIPs; and

                             (ii)  government couriers and diplomatic bags; and

                            (iii)  passengers with reduced mobility or a medical condition; and

                            (iv)  persons in custody; and

                             (v)  transit passengers; and

                      (i)  measures and procedures following sterile area breaches, including post‑breach recovery plans.

2.35A  What aircraft operator’s TSP must contain—enhanced inspection area screening

             (1)  If an aircraft operator carries out screening for an enhanced inspection area, the TSP must set out:

                     (a)  measures and procedures to carry out screening for the area, including details of the locations where screening is undertaken; and

                     (b)  details of training that will be provided to screening officers that carry out screening for the area; and

                     (c)  measures and procedures to respond to the detection of weapons.

             (2)  For paragraph (1)(b):

                     (a)  the training must be training that meets all of the training requirements of paragraphs 5.06(d) and (e); and

                     (b)  paragraph 5.06(d) applies as if the reference in subparagraph (i) of that paragraph to a sterile area were a reference to an enhanced inspection area.

             (3)  If the aircraft operator does not carry out screening for the area, the TSP must specify the screening authority that carries out screening for the area.

2.36  What aircraft operator’s TSP must contain—security of passenger and crew information

                   The TSP must set out measures to ensure the protection of information about passenger and crew movements.

2.37  What aircraft operator’s TSP must contain—checked baggage screening

                   If the operator carries out checked baggage screening itself, the TSP must include:

                     (a)  measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and

                     (c)  measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; and

                     (d)  procedures to treat unattended and suspect baggage; and

                     (e)  measures and procedures to respond to the detection of explosives.

2.38  What aircraft operator’s TSP must contain—passenger and checked baggage reconciliation

                   The TSP must include measures and procedures to ensure that checked baggage transported on an aircraft belongs to the passengers on the flight, including:

                     (a)  details of the procedures used to reconcile passengers and baggage; and

                     (b)  procedures to ensure that the requirements of subregulations 4.21(6) and (7) are complied with before the aircraft departs.

2.39  What aircraft operator’s TSP must contain—security of aircraft

             (1)  The TSP must include:

                     (a)  measures and procedures to prevent the unlawful carriage of a firearm, another weapon or a prohibited item, including the procedures to respond to the detection of a firearm, another weapon or a prohibited item; and

                     (b)  measures and procedures to deter unauthorised access to aircraft at all times; and

                     (c)  measures and procedures to ensure that access to an aircraft’s flight deck is controlled to prevent unauthorised entry at all times; and

                     (d)  measures and procedures to assess, identify and respond to unknown substances; and

                     (e)  measures and procedures to investigate, secure and remove unattended and suspect items, including baggage and cargo; and

                      (f)  measures and procedures to maintain the security of stores; and

                     (g)  measures and procedures for handling suspect behaviour by a passenger, including:

                              (i)  details of restraining devices that will be carried on board each aircraft and their location; and

                             (ii)  details of the crew members who are authorised to use restraints; and

                            (iii)  the procedures for reporting suspect behaviour by passengers.

             (2)  If an aircraft operator carries a person in custody as a passenger on an aircraft, the TSP must include measures and procedures to ensure on board security when carrying the person in custody.

2.40  What aircraft operator’s TSP must contain—security of aircraft cleaning operations and stores

                   The TSP must include measures and procedures to ensure the security of aircraft cleaning operations and materials to be taken on board an aircraft and at facilities controlled by the operator.

2.41  What aircraft operator’s TSP must contain—security of cargo etc

             (2)  The TSP must set out the procedures for receipt and handling of cargo.

             (3)  The TSP must set out measures and procedures to be used to ensure the security of cargo at all times, including supervising and controlling access to cargo that has received clearance.

             (4)  The TSP must set out measures and procedures to be used to ensure the security of diplomatic mail.

             (5)  The TSP must set out measures and procedures to be used for handling and treating high risk cargo.

2.42  What aircraft operator’s TSP must contain—security of documents

                   The TSP must include measures and procedures to control access to operational documents (such as baggage tags, boarding passes and tickets), including those produced electronically.

2.43  Required information about measures and procedures in the event of a heightened security alert

             (1)  The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.

             (2)  Those measures and procedures must include:

                     (a)  procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and

                     (b)  procedures for reporting aviation security breaches, including occurrences that threaten aviation security; and

                     (c)  procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including:

                              (i)  an aircraft hijacking; and

                             (ii)  a bomb threat; and

                            (iii)  a failure of critical security equipment; and

                            (iv)  an external attack on an aircraft; and

                             (v)  the discovery of an unknown substance on an aircraft in flight; and

                            (vi)  the discovery of an unauthorised person on board an aircraft in flight; and

                     (d)  procedures for responding to any special security directions given by the Secretary; and

                     (e)  procedures for raising the awareness and alertness of staff to security threats and their responsibility to report aviation security incidents and breaches; and

                      (f)  details of any other security contingency procedures and plans.

2.45  What aircraft operator’s TSP must contain—personnel with particular security roles

             (1)  The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the operator in respect of the security‑related aspects of their positions.

             (2)  The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s facilities.

             (3)  In this regulation:

relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s facilities.

Division 2.6Airservices Australia

2.75  Definition for Division—AA

                   In this Division:

AA means Airservices Australia.

2.76  What this Division does

                   This Division sets out the requirements about the content of a TSP for AA.

2.77  Scope of AA’s TSP

                   The TSP must set out the measures and procedures for managing the provision of protective security to minimise the risk of unlawful interference with aviation, including security threats and other major security threats against critical air traffic facilities, aeronautical navigation facilities, telecommunications facilities and surveillance facilities.

2.78  What AA’s TSP must contain—outline

                   The TSP must set out an outline of the objective of the TSP and must include:

                     (a)  a statement outlining the local security risk context of AA’s facilities, including consideration of location, seasonal and operational factors; and

                     (b)  a list of general threats and generic security risk events to people, assets, infrastructure and operations; and

                     (c)  an outline of the people, assets, infrastructure and operations that need to be protected.

2.79  What AA’s TSP must contain—procedures for managing security etc

             (1)  The TSP must set out procedures for managing security at its facilities, including:

                     (a)  organisational structures and security management arrangements; and

                     (b)  the roles and responsibilities of AA’s security officers, security staff and contractors; and

                     (c)  the roles and responsibilities of other staff who have been assigned other security duties and responsibilities.

             (2)  The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation between AA and relevant third parties.

Note:          Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.

             (3)  The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.

2.80  What AA’s TSP must contain—procedures for quality control

             (1)  The TSP must set out quality control procedures, including:

                     (a)  details of how audits are scheduled; and

                     (b)  the procedures for carrying out an audit; and

                     (c)  the procedures for reviewing the TSP, including a process for consultation during such a review; and

                     (d)  a description of the circumstances that will require a review of the TSP including those surrounding the occurrence of an aviation security incident.

             (2)  AA must:

                     (a)  retain the records of an audit for 7 years; and

                     (b)  retain the records of a review for 3 years.

2.81  What AA’s TSP must contain—details of AA’s operations

             (1)  The TSP must set out:

                     (a)  details of AA’s aviation‑related facilities (including facilities for air traffic control and related activities) that are covered by the TSP; and

                     (b)  for each of those facilities—details of:

                              (i)  the type of operations carried out by the facility, including joint‑user facilities and other significant operations that may require security considerations; and

                             (ii)  the hours of operation of the facility; and

                            (iii)  the procedures for security outside each facility’s normal hours of operation.

             (3)  The TSP must be accompanied by a document that sets out:

                     (a)  AA’s fax number; and

                     (b)  AA’s contact telephone number, an after‑hours number and an alternative contact person and number; and

                     (c)  the name of AA’s security contact officer, and his or her business phone number, fax number, e‑mail address and 24‑hour security contact number.

             (4)  AA must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (3) to accompany the TSP), notify the Secretary in writing of the new details.

List of AA’s contact details

             (5)  AA must maintain a contact system for all facilities and other significant operations covered under the TSP.

AA to give information

             (6)  For each of its facilities that is located within a security controlled airport, AA must give the operator of the airport the contact information for the facility, including contact details for AA’s security contact officer or the facility security contact officer.

2.82  What AA’s TSP must contain—physical security and access control

             (1)  The TSP must set out the security measures and procedures to be used by each of its facilities, including measures and procedures:

                     (a)  to control access at facilities and maintain integrity of access control systems, both within a security controlled airport and off‑airport; and

                     (b)  to deter and detect unauthorised access by people, vehicles or things; and

                     (c)  to deal with unattended vehicles at a facility that is within a security controlled airport; and

                     (d)  to investigate, secure and remove unattended or suspect items, including vehicles, materials and stores; and

                     (e)  to ensure the continued security of passwords, keys and key lists, electronic access cards and other security privileges; and

                      (f)  to assess, identify and respond to unknown substances.

             (2)  The TSP must:

                     (a)  specify the security measures and procedures that have been implemented within each of AA’s facilities; and

                     (b)  be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented.

2.83  What AA’s TSP must contain—control of firearms, other weapons and prohibited items

             (1)  The TSP must include:

                     (a)  measures to deter unauthorised possession of firearms, other weapons and prohibited items; and

                     (b)  procedures for dealing with surrendered firearms, other weapons and prohibited items; and

                     (c)  procedures for the handling and movement of firearms and other weapons; and

                     (d)  procedures for using firearms and other weapons in the airside area or landside security zones; and

                     (e)  methods for ensuring that operational staff are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within a facility.

             (2)  AA must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws.

2.84  Measures for heightened security alert

             (1)  The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.

             (2)  The document must include:

                     (a)  procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and

                     (b)  procedures for reporting aviation security breaches, including occurrences that threaten the security of an AA facility within a security controlled airport; and

                     (c)  procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including bomb threats and critical security equipment failures; and

                     (d)  procedures for responding to any special security directions given by the Secretary, including procedures to communicate directions within a security controlled airport; and

                     (e)  procedures for raising the awareness and alertness of staff to security threats and responsibility to report aviation security incidents and breaches; and

                      (f)  details of any other security contingency procedures and plans.

2.85  What AA’s TSP must contain—control directions

             (1)  The TSP must describe the procedures that AA will use for passing compliance control directions to the pilot in command of the aircraft concerned.

Note:          In relation to compliance control directions, see section 74B of the Act.

             (2)  The TSP must describe the procedures that AA will use to pass an incident control direction to the pilot in command of an aircraft.

Note:          In relation to incident control directions, see section 74D of the Act.

             (3)  The TSP complies with subregulations (1) and (2) if it refers to another document that sets out the procedures.

2.86  What AA’s TSP must contain—personnel with particular security roles

             (1)  The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of AA in respect of the security‑related aspects of their positions.

             (2)  AA must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at AA’s facilities.

             (3)  In this regulation:

relevant staff of AA means employees, contractors and other persons who have been assigned particular security duties and responsibilities at AA’s facilities.

Part 3Airport areas and zones

Division 3.1ASecurity controlled airports—categories

3.01A  Definitions

             (1)  In this Division:

closed charter operation means a charter operation that is not an open charter operation.

maximum weight has the meaning given by subregulation 4.02(1A).

revenue passenger means a passenger who has paid a fee for a flight, including a passenger who has acquired a ticket for the flight under a frequent flyer scheme.

             (2)  For this Division, the average number of revenue passengers is worked out by:

                     (a)  adding together the number of revenue passengers departing the airport:

                              (i)  if the airport has been operating for at least 3 financial years—in each of the 3 previous financial years; or

                             (ii)  if the airport has been operating for less than 3 financial years—in each of the previous financial years that the airport has been operating; and

                     (b)  dividing the total by:

                              (i)  if the airport has been operating for at least 3 financial years—3; or

                             (ii)  if the airport has been operating for less than 3 financial years—the number of financial years that the airport has been operating.

3.01B  Categories of security controlled airports

                   For section 28A of the Act, the categories in column 1 of the table are prescribed.

 

Category of security controlled airport

Examples of security controlled airports that may fall within corresponding category

1

Designated airports

2

Airports to or from which an international air service operates and that do not fall within any examples corresponding to category 1 security controlled airports

3

Airports that do not fall within any examples corresponding to category 1 or category 2 security controlled airports, and that meet the following:

(a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg;

(b) if those operations are only operated to or from the airport by aircraft with a maximum weight of at least 20 000 kg but less than 30 000 kg—those operations involve an average of at least 50 000 revenue passengers departing the airport each year

4

Airports that do not fall within any examples corresponding to categories 1 to 3 security controlled airports, and that meet both of the following:

(a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg;

(b) those operations involve an average of at least 30 000 but less than 50 000 revenue passengers departing the airport each year

5

Airports that do not fall within any examples corresponding to categories 1 to 4 security controlled airports, and that meet both of the following:

(a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 20 000 kg but less than 30 000 kg;

(b) those operations involve an average of less than 30 000 revenue passengers departing the airport each year

6

Airports that do not fall within any examples corresponding to categories 1 to 5 security controlled airports, and that meet either of the following:

(a) aircraft operate regular public transport operations or open charter operations to or from the airport with a maximum weight of at least 5 700 kg but less than 20 000 kg;

(b) aircraft operate closed charter operations to or from the airport with a maximum weight of at least 10 750 kg

7

Airports that may be required to comply with requirements imposed on different categories of security controlled airports

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 Appeals 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 maximum weight 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 maximum weight 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 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 3.1Establishment of areas and zones

3.01  Types of airside security zones

                   For section 31 of the Act, the following types of airside security zones are prescribed:

                     (a)  the security restricted area;

                     (b)  the enhanced inspection area.

3.02  Types of landside security zones

                   For section 33 of the Act, the following types of landside security zones are prescribed:

                     (a)  the sterile area;

                     (b)  the fuel storage zone;

                     (c)  the air traffic control facilities zone;

                     (d)  the navigational aids zone.

Note:          The following is a diagram of a typical security controlled airport:

 

3.02A  Type of airside event zones

                   For section 31B of the Act, the following type of airside event zone is prescribed, that is, the airside special event zone.

3.02B  Type of landside event zones

                   For section 33B of the Act, the following type of landside event zone is prescribed, that is, the landside special event zone.

Division 3.2Control of secure areas—use of ASICs etc

Subdivision 3.2.1Display and use of ASICs, VICs and TACs in secure areas

3.03  Requirement to display ASICs in secure areas

             (1)  Subject to subregulations (4), (4A) and (5), regulations 3.05 to 3.09 and subregulations 3.18(2) and 3.26(2):

                     (a)  a person in the airside security zone of a security controlled airport must properly display a valid red ASIC; and

                     (b)  a person in a secure area (other than the airside security zone) of such an airport must properly display either a valid red ASIC or a valid grey ASIC.

Penalty:  5 penalty units.

Note 1:       The requirement in subregulation (1) applies to a person who is accessing parts of the sterile area not generally accessible to passengers or the public.

Note 2:       For properly displaying, see regulation 1.04; for valid, see regulation 1.05; for secure area, see regulation 1.03.

Note 3:       A person who properly displays a valid VIC or TAC, and is supervised by a person who properly displays a valid ASIC, need not display a valid ASIC—see regulation 3.09.

             (2)  To avoid doubt, the obligations in subregulation (1) apply to crew.

             (3)  A contravention of subregulation (1) is an offence of strict liability.

             (4)  Subregulation (1) does not apply in relation to a security controlled airport from or to which no regular public transport operation operates.

          (4A)  At a security controlled airport from or to which no screened air service operates, paragraphs (1)(a) and (b) apply only during traffic periods.

          (4B)  To avoid doubt, there is no requirement that a person display a VIC or TAC in the secure area of an airport referred to in subregulation (4A) other than during traffic periods.

             (5)  Subregulation (1) does not apply to a person:

                     (a)  who is in a part of the sterile area that is generally accessible to passengers or the public generally; or

                     (b)  who is a passenger and:

                              (i)  is boarding or disembarking from an aircraft by means of an aerobridge; or

                             (ii)  is boarding or disembarking from an aircraft in the secure area and is moving reasonably directly between the aircraft and the terminal building.

3.04  Supervision and control while embarking and disembarking etc

             (1)  For paragraph 44(2)(l) of the Act, a screening authority must have, and must employ, supervision and control measures adequate to ensure that persons, goods and vehicles in the sterile area that have received clearance remain cleared.

             (2)  For paragraph 44(2)(l) of the Act, an aircraft operator must have, and must employ, supervision and control measures adequate to ensure that:

                     (a)  persons in the airside area who have received clearance remain cleared while boarding or disembarking from a prescribed air service; and

                     (b)  goods and vehicles in the airside area that have received clearance remain cleared while being loaded onto or unloaded from a prescribed air service.

             (3)  The supervision and control measures must ensure that passengers moving between the sterile area and an aircraft do not have access to a weapon or a prohibited item if the aircraft is to operate a screened air service.

3.05  Crew of foreign and state aircraft etc

                   Despite regulation 3.03, the following people need not display an ASIC in a secure area:

                     (a)  a person who is a member of the crew of a foreign aircraft (other than a state aircraft) that is engaged in a regular public transport operation or a charter operation and who:

                              (i)  is in the uniform of the aircraft operator; and

                             (ii)  displays appropriate identification issued or authorised by the aircraft operator;

                     (b)  a person who is a member of the crew of a state aircraft (that is, a person who has duties or functions on board such an aircraft during its flight in connection with the flying or safety of the aircraft) and who:

                              (i)  is in uniform; and

                             (ii)  displays appropriate identification issued or authorised by the defence force or service of which he or she is a member;

                     (c)  a person who:

                              (i)  is a member of a foreign defence force or service; and

                             (ii)  is undergoing flight training; and

                            (iii)  is in uniform; and

                            (iv)  displays appropriate identification issued or authorised by the defence force or service of which he or she is a member; and

                             (v)  is supervised by a person who is displaying a valid ASIC.

3.06  Members of a defence force

             (1)  This regulation applies to a member of:

                     (a)  the Australian Defence Force (ADF); and

                     (b)  a visiting force, within the meaning of the Defence (Visiting Forces) Act 1963, on training, exercises or operations with the ADF.

             (2)  Despite regulation 3.03, a member of a defence force to whom this regulation applies need not display an ASIC in a secure area if the member:

                     (a)  is on duty and involved:

                              (i)  in the operation of an aircraft; or

                             (ii)  in supporting the operation of an aircraft; and

                     (b)  is in uniform or other role appropriate clothing; and

                     (c)  displays proper identification as a member of a defence force.

3.07  Persons facilitating movement of cargo or passengers

             (1)  In this regulation:

cargo facilitator means a person who:

                     (a)  is at a security controlled airport for the purpose of travelling with cargo on a prescribed aircraft; and

                     (b)  has arrived at the airport on the aircraft; and

                     (c)  is travelling for the purpose of assisting with the movement of the cargo; and

                     (d)  does not travel through the airport for that purpose more than 3 times a year.

Example:    A person travelling with a racehorse to move the horse off the aircraft.

medical transport facilitator means a person who is an employee, contractor or volunteer of a State or Territory ambulance service and is at a security controlled airport for the purpose of assisting with the movement of:

                     (a)  a sick or injured passenger to or from an aircraft; or

                     (b)  medical cargo.

passenger facilitator means a person who is at a security controlled airport, or on a prescribed aircraft, for the purpose of assisting the movement of a passenger with reduced mobility or a specialised medical need.

             (2)  Despite regulation 3.03, a cargo facilitator or passenger facilitator need not display an ASIC in the secure area if, while he or she is in the area, he or she is escorted by:

                     (a)  an employee or officer of the operator of the aircraft on which the relevant cargo or passenger is or will be carried; or

                     (b)  somebody else who the cargo facilitator or passenger facilitator has reason to believe is authorised to supervise cargo facilitators or passenger facilitators in the area.

          (2A)  Despite regulation 3.03, a medical transport facilitator is not required to display an ASIC in the secure area if he or she, while in the secure area, is supervised by a person who is displaying a valid ASIC and who is authorised by the operator of the aircraft on which the medical cargo or sick or injured passenger is or will be carried.

          (2B)  For subregulation (2A), a medical transport facilitator is supervised if the person who is displaying a valid ASIC:

                     (a)  escorts or accompanies the medical transport facilitator at all times when the medical transport facilitator is in the secure area; or

                     (b)  watches the medical transport facilitator at all times when the medical transport facilitator is in the secure area.

             (3)  An aircraft operator must ensure that a cargo facilitator or passenger facilitator does not enter, or stay in, a secure area of an airport unless the cargo facilitator or passenger facilitator:

                     (a)  holds, and properly displays, a valid ASIC; or

                     (b)  is directed to enter the area, and while in the area is escorted, by a person referred to in paragraph (2)(a) or (b).

Penalty:  10 penalty units.

          (3A)  An aircraft operator must ensure that a medical transport facilitator does not enter, or stay in, a secure area of an airport unless the medical transport facilitator:

                     (a)  holds and properly displays a valid ASIC; or

                     (b)  is supervised by a person mentioned in subregulation (2A).

Penalty:  10 penalty units.

             (4)  A contravention of subregulation (3) or (3A) is an offence of strict liability.

3.07A  Persons attending baggage make‑up areas

                   Despite regulation 3.03, a person need not display an ASIC in a secure area if:

                     (a)  he or she is in the area for the purpose of identifying his or her baggage as part of baggage screening or reconciliation; and

                     (b)  at all times while he or she is in the area, he or she is escorted by a person who is properly displaying a valid ASIC.

3.07B  Minors exempt from requirement to display ASIC

                   Despite regulation 3.03, a person is not required to display an ASIC in a secure area if:

                     (a)  the person is:

                              (i)  younger than 5; or

                             (ii)  younger than 16 and on a school excursion; and

                     (b)  at all times the person is in the secure area, he or she is escorted by a person who is properly displaying a valid ASIC.

3.08  Persons exempted by Secretary from requirement to display ASIC

             (1)  Despite regulation 3.03, somebody to whom the Secretary has given an exemption under this regulation need not display an ASIC in a secure area.

             (2)  A person may apply, in writing, to the Secretary for a written exemption from displaying an ASIC in such an area.

             (3)  Within 30 days after receiving an application, the Secretary must:

                     (a)  give or refuse the exemption; and

                     (b)  notify the person in writing of the decision and, if the decision is a refusal, the reasons for it.

             (4)  On the Secretary’s own initiative, the Secretary may give a person, or all persons in a specified class, exemption from displaying an ASIC in a secure area.

             (5)  Before giving or refusing an exemption, the Secretary must consider:

                     (a)  why the exemption is necessary; and

                     (b)  the likely effect of the proposed exemption on aviation security at the airport; and

                     (c)  how long the proposed exemption will last, if it is given; and

                     (d)  anything else relevant that the Secretary knows about.

             (6)  The Secretary may give an exemption:

                     (a)  for a particular period and subject to a condition or conditions mentioned in the exemption; or

                     (b)  limited to part of such an area of a particular airport.

             (7)  If the Secretary gives an exemption to all persons in a specified class, the Secretary must publish a notice of the exemption in the Gazette.

             (8)  To avoid doubt, an exemption under this regulation does not authorise the holder to:

                     (a)  pass through a screening point without being screened; or

                     (b)  enter a secure area or a prescribed aircraft otherwise than through a screening point.

3.09  Persons who display valid VICs or TACs

             (1)  Despite regulation 3.03, a person who is properly displaying a valid VIC or TAC need not display an ASIC in the secure area to which the VIC or TAC allows access.

             (2)  A person who is the holder of an ASIC, and has supervised a person who holds a VIC or TAC into the secure area to which the VIC or TAC allows access, must not leave the holder of the VIC or TAC unsupervised while the holder of the VIC or TAC is in the area unless the supervision of the VIC or TAC holder is taken over by another person who is displaying a valid ASIC.

Penalty:  5 penalty units.

             (3)  A contravention of subregulation (2) is an offence of strict liability.

             (4)  A person who is the holder of a VIC or TAC, and was supervised by the holder of an ASIC into the secure area to which the VIC or TAC allows access, must leave the area immediately if no person who is displaying a valid ASIC is supervising him or her.

Penalty:  5 penalty units.

3.10  Other cards not to be used as red ASICs, grey ASICs, VICs or TACs

             (1)  A person must not intentionally use an identity card, or another type of card, to be in a secure area, if he or she knows or believes that the card is not a valid red ASIC, grey ASIC, VIC or TAC.

Penalty:  10 penalty units.

             (2)  Subregulation (1) does not apply to a person who, under this Division, need not properly display a valid ASIC in the relevant secure area.

3.11  Entry to secure area to be for lawful purposes only

                   The holder of a red ASIC, grey ASIC, VIC or TAC must not enter, or stay in, a secure area other than for a lawful purpose.

Penalty:  5 penalty units.

Subdivision 3.2.2Display and use of ASICs, VICs and TACs outside secure areas

3.12  Persons facilitating passenger check‑in or baggage handling outside secure areas

             (1)  A person who is facilitating:

                     (a)  passenger check‑in; or

                     (b)  the handling of checked baggage;

at a security controlled airport (regardless of whether, at the time, he or she is in a secure area) must properly display a valid ASIC at all times while doing so.

Penalty:  5 penalty units.

Note 1:       For properly displaying, see regulation 1.04; for valid, see regulation 1.05. The passenger and baggage check‑in areas are not normally part of the secure area of an airport.

Note 2:       A person who properly displays a valid VIC or TAC, and is supervised by a person who properly displays a valid ASIC, need not display a valid ASIC—see regulation 3.09.

Note 3:       At a time when such a person is outside the secure area, he or she complies with subregulation (1) if the ASIC is either a red ASIC or a grey ASIC. At a time when he or she is in the secure area, the ASIC must be either a red ASIC or a grey ASIC in accordance with regulation 3.03.

             (2)  A contravention of subregulation (1) is an offence of strict liability.

             (3)  In relation to a security controlled airport from or to which no screened air service operates, subregulation (1) has effect only during traffic periods.

Division 3.3Control of airside areas and zones—physical security

Subdivision 3.3.1Preliminary

3.13  Definitions for Division

                   In this Division:

exempt goods, in relation to an enhanced inspection area at an airport, means any of the following:

                     (a)  baggage that has been cleared;

                     (b)  cargo that has been cleared;

                     (c)  goods, of a particular kind, that:

                              (i)  are provided by a person (the regular provider) who has established an arrangement, recorded in writing, with an aviation industry participant for the supply of goods of that kind; and

                             (ii)  have not been accessible to unauthorised persons from the time the goods are accepted from the regular provider by the aviation industry participant, until the start of a screened air service for which the goods are taken on board an aircraft;

                     (d)  duty free items that:

                              (i)  are intended for supply by an aircraft operator, or a duty free shop, operating from the airport; and

                             (ii)  are items that have been authorised by the airport operator for the airport as being items needed for delivery to an aircraft located in the area, or as items that must be carried through the area for delivery;

                     (e)  items that:

                              (i)  are carried by a private security contractor; and

                             (ii)  are contained in an armoured vehicle that displays the livery of the contractor; and

                            (iii)  remain under the lawful authority of a uniformed member of the contractor’s staff who properly displays a valid red ASIC if required do so under regulation 3.03; and

                            (iv)  need to be delivered to, or carried through, the area with the consent of the airport operator;

                      (f)  goods under the lawful control of any of the following:

                              (i)  a law enforcement officer;

                             (ii)  a member of the Australian Defence Force (ADF);

                            (iii)  a member of a visiting force, within the meaning of the Defence (Visiting Forces) Act 1963, on training exercises or operations with the ADF;

                     (g)  goods that the Secretary by written notice has provided, under paragraph 42(2)(b) of the Act, may pass through a screening point for the area without being screened.

Note:          The requirement to display a valid red ASIC arises under paragraph 3.03(1)(a). Subregulations 3.03(4) to (4B) affect when and where this requirement applies.

exempt person means:

                     (a)  a law enforcement officer; or

                     (b)  a member of the Defence Force who is responding to an event or threat of unlawful interference with aviation; or

                     (c)  an employee, contractor or volunteer of an ambulance, rescue or fire service or a state or territory emergency service who is responding to an emergency in Australia or overseas; or

                    (ca)  a person acting under the direction of a person mentioned in paragraph (c) during an emergency; or

                     (d)  a person to whom the Secretary has given an exemption under regulation 3.08.

exempt vehicle, in relation to an enhanced inspection area at an airport, means any of the following:

                     (a)  a vehicle that:

                              (i)  has been screened at an enhanced inspection area screening point at the airport; and

                             (ii)  after being screened, is allowed, by a screening officer, to pass through the screening point into the area; and

                            (iii)  since being allowed to pass through the screening point, has not left the airside area of the airport;

                     (b)  a vehicle, whether or not it has been screened, carrying any of the following persons to an aircraft at the airport for boarding if the persons have been screened and allowed by a screening officer to pass through a screening point:

                              (i)  a member of the crew of the aircraft;

                             (ii)  passengers;

                     (c)  a vehicle used for the official duties of an exempt person;

                     (d)  an armoured vehicle carrying exempt goods.

responsible aviation industry participant, in relation to an area or a zone, means:

                     (a)  in the case of an area or a zone that is covered by the TSP of an aviation industry participant—that aviation industry participant; or

                     (b)  in any other case—the operator of the security controlled airport at which the area or zone is located.

3.14  Common boundaries of areas and zones

             (1)  If a boundary within an airside area is a common boundary for the airside area and an enhanced inspection area, only the requirements for signs applicable to the enhanced inspection area apply.

             (2)  If a boundary within an airside area is a common boundary for the airside area and a security restricted area, only the requirements for signs applicable to the security restricted area apply.

             (3)  If a boundary within an airside area is a common boundary for an enhanced inspection area and a security restricted area, only the requirements for signs applicable to the security restricted area apply.

3.15  Requirements for airside generally

             (1)  The requirements for the fencing of, and the provision of other physical barriers to entry to, the airside area of a security controlled airport are:

                     (a)  a barrier sufficient to delineate the airside area; and

                     (b)  effective access control points to permit authorised access to the airside area; and

                     (c)  patrolling, electronic surveillance or any other suitable measures to inspect the barriers for damage and to deter and detect unauthorised access to the airside area; and

                     (d)  if possible, illumination of the aircraft parking area while a prescribed aircraft is parked there at night; and

                     (e)  signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), placed at the barrier in such a way that anyone entering the area knows that it is an airside area; and

                      (f)  either:

                              (i)  a sign, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (6), placed at every entrance to the airside area; or

                             (ii)  signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (6A), placed at the barrier in such a way that anyone entering the area knows that it is an airside area.

             (3)  The responsible aviation industry participant for the airside area of the airport must ensure that the area can be entered only by:

                     (a)  a person authorised to do so who:

                              (i)  properly displays a valid ASIC; or

                             (ii)  properly displays a valid VIC or TAC and is supervised by someone authorised to enter the area who properly displays a valid ASIC; or

                     (b)  an exempt person; or

                     (c)  a vehicle driven by:

                              (i)  a person who is authorised to enter the area and who:

                                        (A)  properly displays a valid ASIC; or

                                        (B)  properly displays a valid VIC or TAC and is supervised by someone authorised to enter the area who properly displays a valid ASIC; or

                             (ii)  an exempt person; or

                     (d)  a person who:

                              (i)  holds a ticket for carriage on an aircraft that will take its passengers on board through the airside area; and

                             (ii)  is moving reasonably directly from the terminal exit to the aircraft, under the supervision of the aircraft or airport operator, for the purpose of boarding; or

                     (e)  a person who arrived on board an aircraft that disembarked its passengers into the airside area, and is moving reasonably directly, under the supervision of the aircraft or airport operator, from the aircraft to the terminal entry.

             (4)  A sign required by paragraph (1)(e) must be in the following form, or in the form set out in regulation 3.15A:

 

 

Commonwealth of Australia

WARNING!

Airside area

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

             (6)  A sign required by subparagraph (1)(f)(i) must be in the following form:

 

 

Commonwealth of Australia

WARNING!

Airside area

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

          (6A)  A sign required by subparagraph (1)(f)(ii) must be in the form set out in regulation 3.15A.

             (7)  A responsible aviation industry participant for the airside, or part of the airside, of a security controlled airport must comply with the requirements of subregulations (1), (3), (4), (6) and (6A).

Penalty:

                     (a)  if the offender is an airport operator or an aircraft operator—200 penalty units; or

                     (b)  in any other case—100 penalty units.

           (10)  If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of paragraph (3)(a) or (c).

3.15A  Alternative requirements relating to signs for airside areas

                   For the purposes of subregulations 3.15(4) and (6A), the form of the sign is as follows:

 

 

Commonwealth of Australia

 

WARNING!

 

Airside area

 

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

 

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

 

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

Subdivision 3.3.2Security restricted area

3.16  Additional security requirements for security restricted area

             (1)  This regulation sets out the additional security requirements applicable to an airside security zone that is a security restricted area.

             (2)  This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.

             (3)  The responsible aviation industry participant must ensure that:

                     (a)  the security restricted area can be entered only by:

                              (i)  a person authorised to do so who:

                                        (A)  properly displays a valid red ASIC; or

                                        (B)  properly displays a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone authorised to enter the security restricted area who properly displays a valid red ASIC; or

                             (ii)  an exempt person; or

                            (iii)  a vehicle driven by:

                                        (A)  a person who is authorised to enter the security restricted area and who:

                                                  (I)   properly displays a valid red ASIC; or

                                                 (II)   properly displays a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone authorised to enter the security restricted area who properly displays a valid red ASIC; or

                                        (B)  an exempt person; or

                            (iv)  a person who:

                                        (A)  holds a ticket for carriage on an aircraft that will take its passengers on board through the security restricted area; and

                                        (B)  is moving reasonably directly from the terminal exit to the aircraft, under the supervision of the aircraft or airport operator, for the purpose of boarding; or

                             (v)  a person who arrived on board an aircraft that disembarked its passengers into the security restricted area, and is moving reasonably directly, under the supervision of the aircraft or airport operator, from the aircraft to the terminal entry; and

                     (b)  if access to the security restricted area or any part of it is not continuously controlled, the security restricted area or part is inspected before it is used; and

                     (c)  signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), are placed at the boundary of the security restricted area in such a way that anyone entering the security restricted area knows that it is a security restricted area.

Penalty:

                     (a)  if the offender is an airport operator or an aircraft operator—200 penalty units; or

                     (b)  in any other case—100 penalty units.

Note for paragraph (3)(a):      For properly displays, see regulation 1.04; for valid, see regulation 1.05.

             (4)  A sign required by paragraph (3)(c) must be in the following form:

 

 

Commonwealth of Australia

 

WARNING!

 

Security restricted area

 

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

 

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

 

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

             (7)  If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of subparagraph (3)(a)(i) or (iii).

Subdivision 3.3.3Enhanced inspection area

3.16A  Purpose and application of Subdivision

             (1)  This Subdivision sets out the additional security requirements applicable to an airside security zone that is an enhanced inspection area.

             (2)  This Subdivision applies to an enhanced inspection area of an airport when the Secretary establishes such a zone within the airside area of the airport.

Note:          An enhanced inspection area is a type of airside security zone prescribed under regulation 3.01. Under section 30 of the Act, the Secretary may establish an airside security zone within the airside area of a security controlled airport by written notice given to the airport operator of the airport.

3.16B  Requirements for enhanced inspection area generally

                   For subsection 36(1) of the Act, the requirements in regulation 3.16 dealing with security restricted areas are prescribed and apply to enhanced inspection areas as if a reference in regulation 3.16 to a security restricted area were a reference to an enhanced inspection area.

3.16C  Additional security requirements for enhanced inspection area—entry point screening

             (1)  This regulation is made for sections 36 and 44 of the Act.

             (2)  This regulation applies only at an airport listed in subregulation 2.18A(1) from or to which a screened air service operates.

             (3)  A responsible aviation industry participant must, during traffic periods at the airport:

                     (a)  establish and maintain a screening point at every point of entry into an enhanced inspection area from an area occupied or controlled by the participant; and

                     (b)  adopt appropriate measures to deter and detect unauthorised access to the enhanced inspection area; and

                     (c)  if an area is not continuously used as an enhanced inspection area, ensure the area is inspected and cleared of unauthorised weapons and explosives before it is so used.

             (4)  For paragraph 44(2)(b) of the Act, the screening point must screen for weapons only.

             (5)  The screening point must be operated by a screening authority and be able to screen the things mentioned in subregulation (4).

             (6)  The responsible aviation industry participant must do the following:

                     (a)  require all goods, persons and vehicles entering the enhanced inspection area to enter the area through an enhanced inspection area screening point;

                     (b)  require all goods, persons and vehicles entering the enhanced inspection area from or through an area occupied or controlled by the responsible aviation industry participant, other than exempt goods, exempt persons or exempt vehicles, to be screened before passing through the screening point;

                     (c)  ensure that all goods, persons and vehicles screened at the screening point receive clearance before entering the enhanced inspection area;

                     (d)  carry out screening in accordance with any methods, techniques and equipment that apply to the authority as specified in a notice:

                              (i)  issued by the Secretary under regulation 4.17; and

                             (ii)  that is binding, under subregulation 4.17(3), on the responsible aviation industry participant.

             (7)  The responsible aviation industry participant commits an offence if the participant does not comply with a requirement in subregulation (3), (4), (5) or (6).

Penalty:

                     (a)  if the responsible aviation industry participant is an airport operator or an aircraft operator—200 penalty units; or

                     (b)  in any other case—100 penalty units.

3.16D  Additional security requirements for enhanced inspection area—random screening in area

             (1)  This regulation is made for sections 36 and 44 of the Act.

             (2)  This regulation applies only at an airport listed in subregulation 2.18A(1) from or to which a screened air service operates.

             (3)  This regulation applies to a responsible aviation industry participant who occupies or controls an area of the airport that includes a point of entry into an enhanced inspection area.

             (4)  The responsible aviation industry participant must conduct random inspections within the enhanced inspection area during traffic periods at the airport.

             (5)  For paragraph 44(2)(b) of the Act, the screening point must screen for weapons only.

             (6)  The screening point must be operated by a screening authority and be able to screen the things mentioned in subregulation (5) in accordance with the requirements of paragraph (7)(b).

             (7)  The responsible aviation industry participant must do the following at the screening point:

                     (a)  randomly select for screening goods, persons or vehicles that have entered the enhanced inspection area;

                     (b)  screen the goods, persons or vehicles (other than exempt goods, exempt persons and exempt vehicles) in accordance with the methods, techniques and equipment specified in a notice:

                              (i)  issued by the Secretary under regulation 4.17; and

                             (ii)  that is binding, under subregulation 4.17(3), on the responsible aviation industry participant.

             (8)  The responsible aviation industry participant commits an offence if the participant does not comply with a requirement in subregulation (4), (5), (6) or (7).

Penalty:

                     (a)  if the responsible aviation industry participant is an airport operator or an aircraft operator—200 penalty units; or

                     (b)  in any other case—100 penalty units.

             (9)  This regulation does not authorise the screening of exempt goods, exempt persons or exempt vehicles that have entered the enhanced inspection area.

Subdivision 3.3.4Offences

3.17  Offences relating to entry to airside areas and airside security zones of security controlled airports

             (1)  In this regulation:

regulatory officer means a person who has authority, under the Act, these Regulations or another law, to enter the airside area or an airside security zone of a security controlled airport.

             (2)  A person (other than a regulatory officer) must not enter an airside area or an airside security zone of a security controlled airport without the permission of the responsible aviation industry participant.

Penalty:  50 penalty units.

             (3)  A person (other than a regulatory officer) must not stay in an airside area or an airside security zone of a security controlled airport after being asked by the responsible aviation industry participant to leave the area or zone.

Penalty:  50 penalty units.

             (4)  A person (other than a regulatory officer) must not take a vehicle into an airside area or an airside security zone of a security controlled airport without the permission of the responsible aviation industry participant.

Penalty:  50 penalty units.

             (5)  A person (other than a regulatory officer) must not leave a vehicle in an airside area or an airside security zone of a security controlled airport after being asked by the responsible aviation industry participant to remove the vehicle.

Penalty:  50 penalty units.

             (6)  To avoid doubt, nothing in this regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law.

Note:          Section 131 of the Act preserves rights and privileges granted under other Acts. In addition, law enforcement officers have the right, under section 83 of the Act, to have access to any part of an airport for the purpose of carrying out their duties.

3.17A  Offence—not operating enhanced inspection area screening point (entry point screening)

             (1)  This regulation is made for paragraph 44(2)(a) of the Act.

             (2)  A person commits an offence if:

                     (a)  the person is a screening authority responsible for operating an enhanced inspection area screening point of the kind mentioned in regulation 3.16C at an airport; and

                     (b)  an aircraft operating a screened air service is at the airport; and

                     (c)  the screening point has been established and maintained by a responsible aviation industry participant to meet the requirements in subregulation 3.16C(6); and

                     (d)  at a particular time, it is a traffic period at the airport; and

                     (e)  at that time, the screening authority does not have in place adequate measures to ensure:

                              (i)  that persons, goods or vehicles entering the enhanced inspection area do not enter the area other than through the screening point; and

                             (ii)  that persons, goods or vehicles (other than exempt persons, exempt goods or exempt vehicles) do not enter the enhanced inspection area without being screened.

Penalty:  50 penalty units.

3.17B  Offence—sign at enhanced inspection area screening point

             (1)  This regulation is made for paragraph 44(2)(k) of the Act.

             (2)  A person commits an offence if:

                     (a)  the person is a responsible aviation industry participant for an enhanced inspection area at an airport; and

                     (b)  the participant has established an enhanced inspection area screening point for the enhanced inspection area; and

                     (c)  the participant does not display, at the enhanced inspection area screening point, a sign that is:

                              (i)  0.4 m wide and 0.3 m high; and

                             (ii)  in the following form:

 

 

Commonwealth of Australia

WARNING!

Enhanced inspection area screening point in operation.

Weapons must not be taken past this point without authority.

Maximum penalty exceeds $2000.00

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

Penalty:

                     (a)  if the responsible aviation industry participant is an airport operator or an aircraft operator—200 penalty units; or

                     (b)  in any other case—100 penalty units.

3.17C  Offence—not preventing entry to enhanced inspection area

             (1)  This regulation is made for subparagraph 44(2)(d)(ii) of the Act.

             (2)  A person commits an offence if:

                     (a)  the person is the responsible aviation industry participant operating an enhanced inspection area screening point of the kind mentioned in regulation 3.16C at an airport; and

                     (b)  an aircraft operating a screened air service is at the airport; and

                     (c)  at a particular time, it is a traffic period at the airport; and

                     (d)  at that time, the aviation industry participant does not have in place adequate measures to ensure:

                              (i)  that persons, goods or vehicles entering the enhanced inspection area from an area occupied or controlled by the participant do not do so other than through that screening point; and

                             (ii)  that persons, goods or vehicles (other than exempt persons, exempt goods or exempt vehicles) are screened before they enter the enhanced inspection area:

                                        (A)  from an area occupied or controlled by the participant; or

                                        (B)  through an access point controlled by the participant.

Penalty:  50 penalty units.

Subdivision 3.3.5Emergency Access

3.18  Access by emergency personnel

             (1)  Nothing in this Division requires or authorises an aviation industry participant to prevent any of the following having access to any part of the airside area or any airside security zone of the airport:

                     (a)  members of the Defence Force who are responding to an event or threat of unlawful interference with aviation;

                     (b)  an employee, contractor or volunteer of an ambulance, rescue or fire service or a state or territory emergency service who is responding to an emergency in Australia or overseas;

                     (c)  a person acting under the direction of a person mentioned in paragraph (b) during an emergency.

             (2)  A requirement of this Part to display an ASIC, VIC or TAC does not apply to a person referred to in paragraph (1)(a), (b) or (c).

Division 3.4Control of landside areas and zones—physical security

3.19  Definitions for Division

                   In this Division:

responsible aviation industry participant, in relation to an area or a zone, means:

                     (a)  in the case of an area or a zone that is covered by the TSP of an aviation industry participant—that aviation industry participant; or

                     (b)  in any other case—the operator of the security controlled airport at which the area or zone is located.

3.20  Security requirements for sterile areas

             (1)  The physical security requirements for a landside security zone that is the sterile area of a security controlled airport are as set out in this regulation.

             (2)  This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.

             (3)  The responsible aviation industry participant for the sterile area must ensure that:

                     (a)  at least 1 screening point is established and maintained; and

                     (b)  the sterile area is enclosed in a barrier sufficient to prevent cleared persons in the sterile area coming into contact with persons who have not been cleared, and to prevent cleared persons getting access to anything from outside the sterile area that has not been cleared; and

                     (c)  appropriate measures are taken to deter and detect unauthorised access to the sterile area; and

                     (d)  a person who enters the sterile area through a screening point is screened and cleared unless the person is of a class that is permitted to pass through a screening point without being screened; and

                     (e)  a person can enter the sterile area other than through a screening point only if he or she is of a class of persons permitted to do so under subregulation 4.09(3) or regulation 4.11 or 4.12A; and

                      (f)  a vehicle that enters the sterile area is screened and cleared; and

                     (g)  goods that enter the sterile area are screened and cleared; and

                     (h)  a cleared vehicle is able to enter the sterile area only if it is authorised to do so and it is driven by a person who is authorised to enter the sterile area who:

                              (i)  properly displays a valid ASIC; or

                             (ii)  properly displays a valid VIC or TAC and is supervised by somebody who properly displays a valid ASIC; and

                      (i)  if the sterile area is not continuously used as a sterile area, the sterile area is inspected before it is so used; and

                      (j)  signs at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), are placed at the barrier of the sterile area in such a way that anyone entering the sterile area knows that it is a sterile area.

             (4)  A sign required by paragraph (3)(j) must be in the following form:

 

 

Commonwealth of Australia

WARNING!

Sterile area

Unauthorised possession of weapons or prohibited items prohibited

Maximum penalty exceeds $10 000

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

             (5)  The responsible aviation industry participant for the sterile area must ensure that the requirements of subregulation (3) are complied with in relation to the area.

Penalty:  200 penalty units.

             (8)  If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of paragraph (3)(h).

3.21  Security requirements for landside security zones other than sterile areas

             (1)  The security requirements set out in this regulation apply to a landside security zone of any type other than a sterile area.

             (2)  The responsible aviation industry participant for the zone must take precautions (for example, barriers, patrolling or surveillance), that are reasonably sufficient to ensure that:

                     (a)  a person can enter the zone only if he or she is authorised to do so and:

                              (i)  properly displays a valid ASIC; or

                             (ii)  properly displays a valid VIC or TAC and is supervised by someone authorised to enter the zone who properly displays a valid ASIC; and

                     (b)  a vehicle can enter the zone only if it is authorised to do so, and is driven by a person who is authorised to enter the zone and:

                              (i)  properly displays a valid ASIC; or

                             (ii)  properly displays a valid VIC or TAC and is supervised by someone authorised to enter the zone who properly displays a valid ASIC.

Penalty:  200 penalty units.

Note:          For properly displays, see regulation 1.04; for valid, see regulation 1.05.

             (3)  If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of subregulation (2).

3.22  Security requirements for fuel storage zones

             (1)  The additional physical security requirements for a fuel storage zone are as set out in this regulation.

             (2)  This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.

             (3)  A person commits an offence if:

                     (a)  the Secretary has established a fuel storage zone for an airport; and

                     (b)  the person is the responsible aviation industry participant for the fuel storage zone at the airport; and

                     (c)  either:

                              (i)  the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is a fuel storage zone; or

                             (ii)  the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.

Penalty:  200 penalty units.

             (4)  A sign required by subparagraph (3)(c)(i) must be in the following form:

 

 

Commonwealth of Australia

 

WARNING!

 

Fuel storage zone

 

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

 

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

 

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

3.23  Security requirements for air traffic control facilities zones

             (1)  The additional physical security requirements for an air traffic control facilities zone are as set out in this regulation.

             (2)  This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.

             (3)  A person commits an offence if:

                     (a)  the Secretary has established an air traffic control facilities zone for an airport; and

                     (b)  the person is the responsible aviation industry participant for the air traffic control facilities zone at the airport; and

                     (c)  either:

                              (i)  the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is an air traffic control facilities zone; or

                             (ii)  the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.

Penalty:  200 penalty units.

             (4)  A sign required by subparagraph (3)(c)(i) must be in the following form:

 

 

Commonwealth of Australia

 

WARNING!

 

Air traffic control facilities zone

 

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

 

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

 

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

3.24  Security requirements for navigational aids zones

             (1)  The additional physical security requirements for a navigational aids zone are as set out in this regulation.

             (2)  This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.

             (3)  A person commits an offence if:

                     (a)  the Secretary has established a navigational aids zone for an airport; and

                     (b)  the person is the responsible aviation industry participant for the navigational aids zone at the airport; and

                     (c)  either:

                              (i)  the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is a navigational aids zone; or

                             (ii)  the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.

Penalty:  200 penalty units.

             (4)  A sign required by subparagraph (3)(c)(i) must be in the following form:

 

 

Commonwealth of Australia

 

WARNING!

 

Navigational aids zone

 

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

 

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

 

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

3.24A  Alternative requirements relating to signs for landside security zones

                   For the purposes of subparagraphs 3.22(3)(c)(ii), 3.23(3)(c)(ii) and 3.24(3)(c)(ii), the sign must be in the following form:

 

 

Commonwealth of Australia

 

WARNING!

 

Landside security zone

 

Unauthorised entry prohibited

Maximum penalty exceeds $5 000

 

Unauthorised possession of weapons prohibited

Maximum penalty exceeds $10 000

 

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

3.25  Offences relating to entry to landside security zones

             (1)  In this regulation:

regulatory officer means a person who has authority, under the Act, these Regulations or another law, to enter the landside security zone of a security controlled airport.

             (2)  A person (other than a regulatory officer) must not enter a landside security zone of a security controlled airport without the permission of the responsible aviation industry participant.

Penalty:  50 penalty units.

             (3)  A person (other than a regulatory officer) must not stay in a landside security zone of a security controlled airport after being asked by the responsible aviation industry participant to leave the zone.

Penalty:  50 penalty units.

             (4)  A person (other than a regulatory officer) must not take a vehicle into a landside security zone of a security controlled airport without the permission of the responsible aviation industry participant.

Penalty:  50 penalty units.

             (5)  A person (other than a regulatory officer) must not leave a vehicle in a landside security zone of a security controlled airport after being asked by the responsible aviation industry participant to remove the vehicle.

Penalty:  50 penalty units.

             (6)  To avoid doubt, nothing in this regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law.

Note:          Section 131 of the Act preserves rights and privileges granted under other Acts. In addition, law enforcement officers have the right, under section 83 of the Act, to have access to any part of an airport for the purpose of carrying out their duties.

3.26  Access by emergency personnel

             (1)  Nothing in this Division requires or authorises an aviation industry participant to prevent any of the following having access to any part of the landside of the airport:

                     (a)  members of the Defence Force who are responding to an event or threat of unlawful interference with aviation;

                     (b)  an employee, contractor or volunteer of an ambulance, rescue or fire service, or a State or Territory emergency service, who is responding to an emergency in Australia or overseas;

                     (c)  a person acting under the direction of a person mentioned in paragraph (b) during an emergency.

             (2)  A requirement of this Part to display an ASIC, VIC or TAC does not apply to a person referred to in paragraph (1)(a), (b) or (c).

Division 3.5Counter‑terrorist first response function

3.28  Definition—counter‑terrorist first response

                   For the purposes of this Division, counter‑terrorist first response means providing:

                     (a)  deterrence measures designed to deny information to terrorists and deter acts of terrorism, and if an act is threatened or prospective, to deter or prevent it, being measures that vary in accordance with the threat, and include, but are not limited to, continuous patrolling within the airport by members of a counter‑terrorist first response force at all times when the airport is operational, with emphasis on, but not exclusively:

                              (i)  within terminals; and

                             (ii)  approaches to terminals; and

                            (iii)  at barriers that separate the parts of the airport that are publicly accessible from airside areas, airside security zones and landside security zones of the airport in relation to movement of passengers to or from prescribed aircraft or loading and unloading of goods (including baggage and cargo) on a prescribed aircraft; and

                            (iv)  in the areas of the airport where goods (including baggage and cargo) are handled by airline, RACA or airport staff at times when goods (including baggage and cargo) are being handled; and

                             (v)  at locations in the airport that provide access by persons or vehicles to areas of the airport that are not publicly accessible; and

                            (vi)  parts of the airport used for the surface movement of aircraft (except taxiways and runways) and adjacent parts of the airport; and

                     (b)  a response capability that provides:

                              (i)  an initial response capability for acts of terrorism:

                                        (A)  to evacuate endangered or potentially endangered persons; and

                                        (B)  if the act has occurred or is occurring, to contain it; and

                                        (C)  to cordon the location of the act; and

                             (ii)  an initial response to other acts of unlawful interference with aviation; and

                            (iii)  an initial response to other aviation security incidents to make a determination as to whether they are counter‑terrorist first response related; and

                            (iv)  at least 2 members of a counter‑terrorist first response force to make a rapid response on the activation of an operational screening point duress alarm, or request to attend at an operational screening point for an international or domestic air service; and

                     (c)  to transfer responsibility for command and control after completion of that response to the responsible law enforcement agency or agencies and to pass relevant information relating to a terrorist act to other government agencies, the airport operator and the aircraft operator to ensure that the airport and aircraft operators are able to meet their incident reporting obligations under the Act.

3.29  Provision of counter‑terrorist first response force

             (1)  The operator of a designated airport must enter into an agreement with a counter‑terrorist first response service provider, in accordance with this Division, for the provision of a counter‑terrorist first response force for the airport.

             (2)  The counter‑terrorist first response service provider is responsible for the implementation and operational delivery of the counter‑terrorist first response function.

             (3)  Nothing in this Division requires the service provider to give an airport operator or aircraft operator information the disclosure of which would constitute an offence under an Act or the law of a State or Territory.

3.30  Qualifications of members of counter‑terrorist first response force

             (1)  To be qualified to be a member of a counter‑terrorist first response force for a designated airport, a person must be:

                     (a)  either:

                              (i)  a member, special member, protective service officer or special protective service officer of the Australian Federal Police; or

                             (ii)  a member of the police force of the State or Territory in which the airport is located; and

                     (b)  authorised to bear firearms under the Commonwealth, State or Territory law applying at the airport; and

                     (c)  trained to a proficient level in the use of firearms, other weapons and other techniques used in the exercise of counter‑terrorist first response; and

                     (d)  trained to a level of competence in general airport procedures in relation to the movement of persons, aircraft, vehicles, other machinery and goods (including baggage and cargo) within an airport; and

                     (e)  capable of responding promptly and effectively as a member of a counter‑terrorist first response force.

             (2)  To be qualified to be a member of a counter‑terrorist first response force at a designated airport, a person must have:

                     (a)  under the laws of the Commonwealth, State or Territory in which the airport is located, powers of arrest and associated powers not less than the powers conferred by Part II of the Australian Federal Police Act 1979; and

                     (b)  proficiency:

                              (i)  in contributing to the collection and management of information of value to aviation security intelligence; and

                             (ii)  in the appropriate application of such intelligence.

3.31  Dogs at certain airports

                   In the case of each of the following airports:

                     (a)  Brisbane Airport;

                     (b)  Melbourne Airport;

                     (c)  Sydney Airport;

the agreement required by regulation 3.29 must require the service provider to keep available at least 2 dogs that are trained to detect explosives, and a handler for each dog.

Part 3AAirside and Landside Special Event Zones

Division 3A.1Preliminary

3A.01  Definitions

             (1)  In this Part, an aviation industry participant is the airside special event zone manager in respect of a particular zone if:

                     (a)  the aviation industry participant applied to the Secretary to establish an airside special event zone under regulation 3A.02 in respect of the particular zone; and

                     (b)  the Secretary established the airside special event zone in respect of the zone.

             (2)  In this Part, an aviation industry participant is the landside special event zone manager in respect of a particular zone if:

                     (a)  the aviation industry participant applied to the Secretary to establish a landside special event zone under regulation 3A.08 in respect of the particular zone; and

                     (b)  the Secretary established the landside special event zone in respect of the zone.

Division 3A.2Airside special event zones

Subdivision 3A.2.1Application for an airside special event zone

3A.02  Application for an airside special event zone

             (1)  For section 133 of the Act, an aviation industry participant may apply in writing to the Secretary for the Secretary to establish an airside special event zone under section 31A of the Act.

             (2)  The application must contain the following information:

                     (a)  the name and contact details of the aviation industry participant;

                    (aa)  if the aviation industry participant is not the operator of the airport at which the airside special event zone is proposed to be established—details of the consultation undertaken by the aviation industry participant with the airport operator about the establishment of the proposed airside special event zone;

                     (b)  a map showing the proposed airside special event zone including entry points into the zone and exit points out of the zone;

                     (c)  a description of the proposed event to be held in the proposed airside special event zone;

                     (d)  the period (or periods) during which the proposed airside special event zone will be in force;

                     (e)  an estimate of the number of people who will attend the event to be held in the proposed airside special event zone including an explanation of how that estimate was calculated;

                      (f)  a description of any security risks with respect to the event to be held in the proposed airside special event zone;

                     (g)  an explanation of how the security risks were identified;

                     (h)  details of the measures that the aviation industry participant will take to manage and mitigate security risks resulting from the event that will be held in the proposed airside special event zone.

Note:          If an aviation industry participant needs to revise or make alterations to its transport security program for the purposes of managing and mitigating security risks resulting from a proposed event to be held in a proposed airside special event zone, the aviation industry participant must request the Secretary’s approval, see sections 22 and 23A of the Act.

3A.03  Further information about applications

             (1)  The Secretary may request that the applicant provide the Secretary with further information about the application.

             (2)  The Secretary may refuse to consider the application until the applicant gives the Secretary the information.

3A.04  Notices

                   If:

                     (a)  the Secretary gives the operator of a security controlled airport a notice establishing an airside special event zone under section 31A of the Act; and

                     (b)  the airside special event zone manager is not the operator of the airport in which the event zone is established;

the Secretary must provide the airside special event zone manager with a copy of the notice.

Note:          The notice establishing an airside special event zone includes a map of the airport showing the boundaries of the airside special event zone and specifies the period (or periods) during which the event zone is in force.

Subdivision 3A.2.2Requirements for airside special event zones

3A.05  Requirements for airside special event zones

             (1)  This regulation prescribes requirements for the purposes of section 36A of the Act in relation to airside special event zones.

             (2)  A person commits an offence if:

                     (a)  an airside special event zone is established within the airside area of an airport; and

                     (b)  the person is the airside special event zone manager in respect of that zone; and

                     (c)  the person fails to delineate the boundaries of that zone.

Penalty:

                     (a)  for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

                     (b)  for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by an accredited air cargo agent—50 penalty units.

             (3)  A person commits an offence if:

                     (a)  an airside special event zone is established within the airside area of an airport; and

                     (b)  the person is the airside special event zone manager in respect of that zone; and

                     (c)  the person fails to notify relevant aviation industry participants of either or both of the following:

                              (i)  when the zone is in force;

                             (ii)  when the zone ceases to be in force.

Penalty:

                     (a)  for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

                     (b)  for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by an accredited air cargo agent—50 penalty units.

             (4)  In this regulation:

relevant aviation industry participants, in relation to an airside special event zone, means aviation industry participants that are, or are likely to be, affected by the operation of the zone.

Subdivision 3A.2.3Offences relating to airside special event zones

3A.06  Offence if person moves out of airside special event zone

             (1)  For subsection 36A(3) of the Act, a person commits an offence if:

                     (a)  an airside special event zone is in force; and

                     (b)  the person is in the airside special event zone; and

                     (c)  the person moves from the zone into any of the following:

                              (i)  a part of a landside security zone that is outside a landside special event zone that is in force;

                             (ii)  a part of an airside security zone that is outside an airside special event zone that is in force;

                            (iii)  a part of an airside area that is outside an airside special event zone that is in force; and

                     (d)  the person is not authorised by the Act or by these Regulations to enter the zone or area.

Penalty:  50 penalty units.

             (2)  Strict liability applies to the physical elements in subregulation (1).

Note:          For strict liability see section 6.1 of the Criminal Code.

3A.07  Offence if airside special event zone manager allows unauthorised movement

             (1)  For subsection 36A(3) of the Act, a person commits an offence if:

                     (a)  an airside special event zone is in force; and

                     (b)  the person is the airside special event zone manager for the airside special event zone; and

                     (c)  another person (the transient person) who is in the airside special event zone moves from the zone into any of the following:

                              (i)  a part of a landside security zone that is outside a landside special event zone that is in force;

                             (ii)  a part of an airside security zone that is outside an airside special event zone that is in force;

                            (iii)  a part of the airside area that is outside an airside special event zone that is in force; and

                     (d)  the transient person is not authorised by the Act or by these Regulations to enter the zone or area.

Penalty:  50 penalty units.

             (2)  Strict liability applies to the physical elements in subregulation (1).

Note:          For strict liability see section 6.1 of the Criminal Code.

Division 3A.3Landside special event zones

Subdivision 3A.3.1Application for a landside special event zone

3A.08  Application for a landside special event zone

             (1)  For section 133 of the Act, an aviation industry participant may apply in writing to the Secretary for the Secretary to establish a landside special event zone under section 33A of the Act.

             (2)  The application must contain the following information:

                     (a)  the name and contact details of the aviation industry participant;

                    (aa)  if the aviation industry participant is not the operator of the airport at which the landside special event zone is proposed to be established—details of the consultation undertaken by the aviation industry participant with the airport operator about the establishment of the proposed landside special event zone;

                     (b)  a map showing the proposed landside special event zone including entry points into the zone and exit points out of the zone;

                     (c)  a description of the proposed event to be held in the proposed landside special event zone;

                     (d)  the period (or periods) during which the proposed landside special event zone will be in force;

                     (e)  an estimate of the number of people who will attend the event to be held in the proposed landside special event zone including an explanation of how that estimate was calculated;

                      (f)  a description of any security risks with respect to the event to be held in the proposed landside special event zone;

                     (g)  an explanation of how the security risks were identified;

                     (h)  details of the measures that the aviation industry participant will take to manage and mitigate security risks resulting from the event that will be held in the proposed landside special event zone.

Note:          If an aviation industry participant needs to revise or make alterations to its transport security program for the purposes of managing and mitigating security risks resulting from a proposed event to be held in a proposed landside special event zone, the aviation industry participant must request the Secretary’s approval, see sections 22 and 23A of the Act.

3A.09  Further information about applications

             (1)  The Secretary may request that the applicant provide the Secretary with further information about the application.

             (2)  The Secretary may refuse to consider the application until the applicant gives the Secretary the information.

3A.10  Notices

                   If:

                     (a)  the Secretary gives the operator of a security controlled airport a notice establishing a landside special event zone under section 33A of the Act; and

                     (b)  the landside special event zone manager is not the operator of the airport in which the event zone is established;

the Secretary must provide the landside special event zone manager with a copy of the notice.

Note:          The notice establishing a landside special event zone includes a map of the airport showing the boundaries of the landside special event zone and specifies the period (or periods) during which the event zone is in force.

Subdivision 3A.3.2Requirements for landside special event zones

3A.11  Requirements for landside special event zones

             (1)  This regulation prescribes requirements for the purposes of section 38A of the Act in relation to landside special event zones.

             (2)  A person commits an offence if:

                     (a)  a landside special event zone is established within the landside area of an airport; and

                     (b)  the person is the landside special event zone manager in respect of that zone; and

                     (c)  the person fails to delineate the boundaries of that zone.

Penalty:

                     (a)  for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

                     (b)  for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by an accredited air cargo agent—50 penalty units.

             (3)  A person commits an offence if:

                     (a)  a landside special event zone is established within the landside area of an airport; and

                     (b)  the person is the landside special event zone manager in respect of that zone; and

                     (c)  the person fails to notify relevant aviation industry participants of either or both of the following:

                              (i)  when the zone is in force;

                             (ii)  when the zone ceases to be in force.

Penalty:

                     (a)  for an offence committed by an airport operator or an aircraft operator—200 penalty units; or

                     (b)  for an offence committed by an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

                     (c)  for an offence committed by an accredited air cargo agent—50 penalty units.

             (4)  In this regulation:

relevant aviation industry participants, in relation to a landside special event zone, means aviation industry participants that are, or are likely to be, affected by the operation of the zone.

Subdivision 3A.3.3Offences relating to landside special event zones

3A.12  Offence if person moves out of landside special event zone

             (1)  For subsection 38A(3) of the Act, a person commits an offence if:

                     (a)  a landside special event zone is in force; and

                     (b)  the person is in the landside special event zone; and

                     (c)  the person moves from the zone into any of the following:

                              (i)  an airside area that is outside an airside special event zone that is in force;

                             (ii)  a part of a landside security zone that is outside a landside special event zone that is in force; and

                     (d)  the person is not authorised by the Act or by these Regulations to enter the area or zone.

Penalty:  50 penalty units.

             (2)  Strict liability applies to the physical elements in subregulation (1).

Note:          For strict liability see section 6.1 of the Criminal Code.

3A.13  Offence if landside special event zone manager allows unauthorised movement

             (1)  For subsection 38A(3) of the Act, a person commits an offence if:

                     (a)  a landside special event zone is in force; and

                     (b)  the person is the landside special event zone manager for the landside special event zone; and

                     (c)  another person (the transient person) who is in the landside special event zone moves from the zone into any of the following:

                              (i)  an airside area that is outside an airside special event zone that is in force;

                             (ii)  a part of a landside security zone that is outside a landside special event zone that is in force; and

                     (d)  the transient person is not authorised by the Act or by these Regulations to enter the area or zone.

Penalty:  50 penalty units.

             (2)  Strict liability applies to the physical elements in subregulation (1).

Note:          For strict liability see section 6.1 of the Criminal Code.

Part 4Other security measures

Division 4.1Screening and clearing

Subdivision 4.1.1Screening and clearing generally

4.01  Definition—operational period

                   In this Subdivision:

operational period of an aircraft means:

                     (a)  for a departing aircraft:

                              (i)  if the aircraft is at a category 1 security controlled airport—the period beginning 2 hours before the aircraft’s scheduled departure time (or, if it is known in advance that its departure will be delayed, 2 hours before its re‑scheduled departure time) and ending 30 minutes after its actual departure time; or

                             (ii)  if the aircraft is at any other security controlled airport—the period beginning 30 minutes before the aircraft’s scheduled departure time (or, if it is known in advance that its departure will be delayed, 30 minutes before its re‑scheduled departure time) and ending 30 minutes after its actual departure time; and

                     (b)  for an arriving aircraft, the period beginning 30 minutes before its scheduled arrival time (or, if it is known in advance that its arrival will be delayed, 30 minutes before its re‑scheduled arrival time) and ending 30 minutes after its actual arrival time.

4.02  Meaning of screened air service

             (1)  An aircraft must be a cleared aircraft before departure if it is operating a regular public transport operation or an open charter operation with a maximum weight of at least 20 000 kg.

          (1A)  For subregulation (1):

maximum weight, for an aircraft, means the maximum gross weight at take off that the manufacturer of the aircraft, or a person authorised by the Civil Aviation Safety Authority, certifies for structural safety or control of the aircraft.

             (2)  An aircraft must be a cleared aircraft if the aircraft:

                     (a)  is not covered by subregulation (1); and

                     (b)  departs from a category 1 security controlled airport; and

                     (c)  departs from the same airport apron as an aircraft (the other aircraft) described in subregulation (1); and

                     (d)  is scheduled to depart within the operational period of the other aircraft.

             (3)  For subregulation (2):

apron, for an airport, means an apron described in the document accompanying the TSP of an operator of a security controlled airport in accordance with subregulation 2.13(1B).

             (4)  An aircraft described in subregulation (1) or (2) operates a screened air service.

4.03  Specification of persons to carry out screening

             (1)  This regulation is made for paragraph 44(2)(a) of the Act.

             (2)  The Secretary may specify, by a written notice in accordance with subsection 44(3) of the Act, a person, or persons jointly, who are authorised or required to carry out screening at a security controlled airport or part of a security controlled airport.

             (3)  The Secretary must specify sufficient persons under subregulation (2) for an airport or part of an airport to ensure that at all times:

                     (a)  there is at least 1 screening authority for the whole of the sterile area of the airport; and

                     (b)  if 1 or more screening authorities are specified for part of the area, there is at least 1 screening authority for the remainder of the area.

4.03A  Persons passing screening point that uses body scanning equipment

             (1)  This regulation is made for paragraph 44(2)(aa) of the Act.

             (2)  This regulation applies if:

                     (a)  a person who is required, under the Act or these Regulations, to be screened by body scanning equipment is at a screening point; and

                     (b)  the person refuses to be screened by body scanning equipment at the screening point.

             (3)  A screening officer must not knowingly allow the person to pass through the screening point, within 24 hours after the person refuses to be scanned by body scanning equipment, unless the person is screened by body scanning equipment.

4.04  Things to be detected by screening

             (1)  This regulation is made for paragraph 44(2)(b) of the Act.

             (2)  The things that are to be detected by screening are:

                     (a)  on a person, or in a person’s belongings, or in stores entering a sterile area—weapons and prohibited items; and

                     (b)  in checked baggage—explosives; and

                     (c)  in a vehicle or in goods entering an enhanced inspection area—weapons.

             (3)  To avoid doubt, subregulation (2) does not oblige a screening authority to detect weapons, prohibited items or explosives if it is not technically possible to do so.

Note:          See Subdivision 4.1.1A for the requirements for screening for the detection of LAG products.

4.05  Dealing with weapons detected during screening

             (1)  For paragraph 44(2)(c) of the Act, this regulation sets out how weapons detected during screening are to be dealt with.

             (2)  Subject to subregulation (3), a weapon detected during screening must be:

                     (a)  surrendered to a screening authority; and

                     (b)  stored and handled in accordance with subregulation 4.57(2).

             (3)  Subregulation (2) does not apply if:

                     (a)  a weapon is detected by a screening authority for a particular screening area; and

                     (b)  the weapon is in the possession of a person authorised under Division 4.2 to have the weapon:

                              (i)  in his or her possession; and

                             (ii)  in the screening area.

Note:          Division 4.2 deals with weapons, and the classes of persons authorised to possess weapons in secure areas. Regulation 4.52 authorises an aviation industry participant to have some types of weapon in an airside security zone if the weapon is a tool of trade controlled by the participant.

4.06  Dealing with prohibited items detected during screening

             (1)  For paragraph 44(2)(c) of the Act, this regulation sets out how prohibited items detected during screening are to be dealt with.

             (2)  Any prohibited item detected during screening must be stored and handled in accordance with any applicable Commonwealth, State or Territory law.

4.07  Use of hand‑held metal detectors

             (1)  This regulation is made for paragraph 44(2)(j) of the Act.

             (2)  A hand‑held metal detector must not be used for screening at a security controlled airport from which a screened air service does not operate unless its use is required by:

                     (a)  written notice under subsection 44(3) of the Act; or

                     (b)  a special security direction under section 67 of the Act.

             (3)  If a hand‑held metal detector is used as a screening tool in accordance with a requirement referred to in subregulation (2), it must be operated in accordance with the relevant direction.

             (4)  An airport operator must not use or purport to use a hand‑held metal detector as a screening device in contravention of subregulation (2) or (3).

Penalty:  50 penalty units.

4.08  Circumstances in which persons must be cleared in order to board aircraft

             (1)  This regulation is made for subparagraph 44(2)(d)(i) of the Act.

             (2)  A person must be cleared to board before boarding an aircraft if:

                     (a)  the aircraft is to operate a screened air service; and

                     (b)  the person is a passenger on, or a member of the crew of, the aircraft.

             (3)  However, subsection (2) does not apply if the person receives clearance to enter the aircraft other than through a screening point.

             (4)  For subregulation (2), a member of an aircraft’s crew is taken to continue to be cleared if he or she, since he or she was last screened, has continuously been:

                     (a)  in the airside of an airport at which there is a sterile area (and if the sterile area is not continuously in operation, while the area was in operation); or

                     (b)  in the sterile area of an airport; or

                     (c)  on board an aircraft that operates a screened air service.

Note:          The following table summarises the requirements of these Regulations in relation to foreign aircrew and cabin crew, or the crew of a state aircraft.

 

Class of person

Entry to aircraft

Entry to sterile area

Wearing of ASIC in secure area

Checked baggage screening (if otherwise applicable)

Baggage remaining on aircraft or overnighting

Crew of foreign aircraft

Screening required

Screening required

Not required, but company uniform and ID required

Screening required when baggage loaded

Screening not required

Crew of state aircraft

Screening not required

Screening required

Not required

Screening not required

Screening not required

4.09  Requirements for clearing

             (1)  This regulation is made for paragraph 44(1)(b) of the Act.

             (2)  A person must receive clearance before the person enters:

                     (a)  an enhanced inspection area; or

                     (b)  a sterile area.

             (3)  However, a person may enter an enhanced inspection area or a sterile area other than through a screening point, or by passing through a screening point without being screened, if:

                     (a)  the person is entering the area after disembarking from a screened air service and all persons on board the service received clearance to board at a category 1, 2, 3 or 4 security controlled airport; or

                     (b)  in the case of a person arriving at a category 5 security controlled airport:

                              (i)  the person is entering the area after disembarking from a screened air service; and

                             (ii)  all persons on board the service received clearance to board at a category 1, 2, 3, 4 or 5 security controlled airport.

4.10  Persons who may pass through screening point without being screened

                   For paragraph 41(2)(b) of the Act, the following persons may pass through a screening point without being screened:

                     (a)  a law enforcement officer who produces his or her identity card as a law enforcement officer;

                     (b)  a screening officer who is engaged in the management of the screening point;

                     (c)  an ambulance, rescue or fire service officer who is responding to an emergency on the landside of the airport;

                     (d)  a member of the Defence Force who is responding to an event or threat of unlawful interference with aviation.

4.11  Persons who may enter certain cleared areas other than through screening point

Sterile areas

             (1)  For paragraph 41(2)(c) of the Act, a person mentioned in subregulation (2) may enter an area that is a cleared area other than through a screening point if:

                     (a)  for a sterile area within the cleared area—either of the following apply:

                              (i)  he or she is authorised to do so and properly displays a valid ASIC;

                             (ii)  he or she is authorised to do so, properly displays a valid VIC or TAC and is supervised by somebody who may enter the sterile area other than through a screening point and properly displays a valid ASIC; and

                     (b)  for a LAGs cleared area within the cleared area—he or she does not have in his or her possession an impermissible LAG product.

Persons who may enter sterile area

             (2)  For subregulation (1), the persons are the following:

                     (a)  an aviation security inspector;

                     (b)  an officer of Customs;

                     (c)  a screening officer;

                     (d)  an employee of the operator of the airport in which the sterile area is located;

                     (e)  an employee of the operator of a screened air service aircraft;

                      (f)  a contractor, and an employee of a contractor, to the operator of the airport in which the sterile area is located who is engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who is otherwise authorised for access to the aircraft;

                     (g)  a contractor, and an employee of a contractor, to the operator of a screened air service aircraft who is engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who is otherwise authorised for access to the aircraft.

Enhanced inspection areas or sterile areas

             (3)  For paragraph 41(2)(c) of the Act, the following persons may enter a cleared area that is an enhanced inspection area or a sterile area other than through a screening point:

                     (a)  an ambulance, rescue or fire service officer who is responding to an emergency;

                     (b)  a member of the Defence Force who is responding to an event or threat of unlawful interference with aviation;

                     (c)  an air security officer;

                     (d)  a law enforcement officer who produces his or her identity card as a law enforcement officer.

Interpretation

             (4)  For paragraph (1)(b), an impermissible LAG product, for a person, is a LAG product that is not:

                     (a)  in a LAGs bag that contains only LAG products that are in LAGs containers and either of the following subparagraphs apply:

                              (i)  the LAGs bag is sealed and is the only LAGs bag in the person’s possession;

                             (ii)  the LAG products are needed for the use or care of the person because of an infirmity; or

                     (b)  a tool of trade for the person.

             (5)  For paragraph (4)(b), something is a tool of trade for a person if:

                     (a)  the person requires it for the purpose for which he or she is in the sterile area; and

                     (b)  the purpose is lawful.

4.12  Foreign dignitaries receiving clearance at screening point without being screened

             (1)  For paragraph 41(2)(b) of the Act, any of the following persons may pass through a screening point without being screened:

                     (a)  a Head of State of a country recognised by Australia and members of his or her immediate family;

                     (b)  a Head of the government of a country recognised by Australia and members of his or her immediate family;

                     (c)  a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.

             (2)  For paragraph 42(2)(b) of the Act, carry‑on baggage of a person mentioned in subregulation (1) may pass through a screening point with the person without being screened.

Note:          The Secretary may also provide for clearance by written notice under subsection 41(2) of the Act.

4.12A  Foreign dignitaries receiving clearance other than through a screening point

             (1)  For paragraph 41(2)(c) of the Act, any of the persons mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point if the person is accompanied by:

                     (a)  a member of the Australian Federal Police who meets the requirements of subregulation 4.11(4); or

                     (b)  an officer of Customs who meets the requirements of subregulation 4.11(1).

             (2)  The persons are as follows:

                     (a)  a Head of State of a country recognised by Australia and members of his or her immediate family;

                     (b)  a Head of the government of a country recognised by Australia and members of his or her immediate family;

                     (c)  a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.

             (3)  For paragraph 42(2)(c) of the Act, carry‑on baggage of a person mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft with the person other than through a screening point.

Note:          The Secretary may also provide for clearance by written notice under subsection 41(2) of the Act.

4.13  Certain inbound international transit passengers—screening of passengers and their carry‑on baggage

             (1)  Subject to subregulation (2), this regulation applies in relation to an aircraft that is operating an inbound international air service if:

                     (a)  the service is a screened air service; and

                     (b)  the aircraft lands in Australia, having flown directly from a foreign country; and

                     (c)  the place of the landing is not the aircraft’s final destination;

unless:

                     (d)  no passengers disembark from, or board, the aircraft at the place of the landing referred to in paragraph (b); and

                     (e)  every passenger was screened at the place where he or she boarded the aircraft.

             (2)  This regulation does not apply if the landing is an unscheduled stop and no passenger boards the aircraft.

             (3)  Subject to subregulation (7) and regulation 4.13A, every passenger must disembark from the aircraft with his or her carry‑on baggage.

             (4)  The aircraft operator must ensure that before any passenger re‑boards the aircraft, the aircraft is inspected.

             (5)  The inspection must include at least a thorough inspection of:

                     (a)  the interior of the aircraft, including the passenger cabin, seats, overhead baggage lockers, toilets, crew rest stations, catering and food preparation areas, flight crew compartment, and any other technical areas such as the flight deck; and

                     (b)  any unlocked storage facilities in the parts of the aircraft mentioned in paragraph (a).

             (6)  Each passenger, and each passenger’s carry‑on baggage, must be cleared before the aircraft departs.

             (7)  If a passenger has a disability that would make disembarking and re‑boarding difficult for him or her, the aircraft operator may arrange to have him or her and his or her carry‑on baggage screened in his or her seat.

             (8)  If subregulation (3), (4), (5) or (6) is not complied with in relation to an aircraft mentioned in subregulation (1), the aircraft’s operator is guilty of an offence.

Penalty:  50 penalty units.

             (9)  An offence against subregulation (8) is an offence of strict liability.

4.13A  Transit passengers may leave LAG items on board certain flights

             (1)  In this regulation:

permitted item means an item that:

                     (a)  is a LAG product that is in a container that has a capacity of more than 100 ml; and

                     (b)  is purchased by a passenger at an airport retail outlet; and

                     (c)  is in a sealed plastic bag with proof of purchase by the passenger affixed to the bag, or enclosed in the bag, so that proof of purchase is visible; and

                     (d)  has undergone security screening at the airport before being taken on board an aircraft.

             (2)  Despite subregulation 4.13(3), a passenger may leave a LAG product on board an aircraft operating an inbound international air service in the circumstances set out in subregulation (3).

             (3)  For subregulation (2), the circumstances are that:

                     (a)  if the aircraft makes a scheduled transit stop in Australia or outside Australia as part of its journey to its final destination in Australia—all the following apply;

                              (i)  the service is approved by the Secretary;

                             (ii)  the LAG product to be left on board is a permitted item or an exempt duty free item;

                            (iii)  the Secretary has, in the approval under subparagraph (i) or otherwise, also approved the LAG product to remain on board the aircraft; or

                     (b)  if the aircraft makes an unscheduled stop in Australia or outside Australia as a result of an emergency or other technical safety problem during its journey to its final destination in Australia—all the following apply:

                              (i)  the service is approved by the Secretary;

                             (ii)  the LAG product to be left on board is a permitted item or an exempt duty free item;

                            (iii)  the Secretary has, in the approval under subparagraph (i) or otherwise, also approved the LAG product to remain on board the aircraft;

                            (iv)  the passengers disembark from the aircraft in order to allow the emergency or problem to be rectified;

                             (v)  all the passengers board the aircraft after the emergency or problem is rectified and no new passengers board the aircraft.

             (4)  The Secretary may, by written notice:

                     (a)  approve an inbound international service for subparagraphs (3)(a)(i) and (3)(b)(i); and

                     (b)  approve, for subparagraphs (3)(a)(iii) and (3)(b)(iii), a LAG product that is a permitted item or an exempt duty free item to remain on the board the aircraft operating the service.

4.14  Circumstances in which goods must be cleared before being taken on to an aircraft

             (1)  In this regulation:

regular provider, for stores of a particular kind, means a person that has established an arrangement, recorded in writing, with an aircraft operator for the supply of stores of that kind.

             (2)  An item of stores that is provided by a regular provider of items of that kind may enter a cleared area, a cleared zone or a cleared aircraft otherwise than through a screening point.

             (3)  To avoid doubt, an item of stores that is not provided by a regular provider of similar items must be cleared before it is taken onto a cleared aircraft or into a landside security zone.

             (4)  The operator of a screened air service must ensure that stores are not accessible to unauthorised persons:

                     (a)  in the case of an item that is provided by a regular provider of similar items—from the time the item is accepted from the provider or the provider’s agent by the operator; or

                     (b)  in the case of any other item of stores—from the time it is cleared;

until the start of the screened air service for which it is taken on board the aircraft.

Penalty:  100 penalty units.

             (5)  For each item of stores loaded onto an aircraft that operates a screened air service, the aircraft operator must keep, until the end of the air service, a record of the provider of the item.

Penalty:  100 penalty units.

4.15  When carry‑on baggage must be cleared

                   Carry‑on baggage (including carry‑on baggage belonging to an aircraft’s flight crew) must be cleared before being taken on to an aircraft if the aircraft is to operate a screened air service.

Note:          The carry‑on baggage of foreign dignitaries may receive clearance under subregulation 4.12(2) or 4.12A(3).

4.16  Circumstances in which vehicles must be cleared in order to be taken onto aircraft

                   A vehicle that is to be loaded onto an aircraft that is to operate a screened air service is to be treated as cargo.

4.17  Secretary’s notice for screening

             (1)  The Secretary may, by written notice, specify the following:

                     (a)  methods, techniques and equipment to be used for screening;

                     (b)  the persons who, or things that, must not pass through a screening point.

             (2)  A notice under subregulation (1) may specify that it is to be given only to a person or persons responsible for carrying out the relevant screening.

             (3)  A notice under subregulation (1) is binding on a person if and only if it has been served on the person.

             (4)  A person must comply with a notice under subregulation (1) that is binding on him or her.

Penalty:  100 penalty units.

             (5)  If a person is served with a notice under subregulation (1) that is binding on the person, the person must ensure that:

                     (a)  a person or thing specified in a notice made under paragraph (1)(a) is screened, in a circumstance specified in the notice, by using the following:

                              (i)  the methods specified in the notice for the person, thing or circumstance;

                             (ii)  the techniques specified in the notice for the person, thing or circumstance;

                            (iii)  the equipment specified in the notice for the person, thing or circumstance; and

                     (b)  a person or thing specified in a notice made under paragraph (1)(b) does not pass through a screening point.

Penalty:  100 penalty units.

             (6)  A contravention of subregulation (4) or (5) is an offence of strict liability.

4.18  Signs to be displayed at places of screening of passengers and carry‑on baggage

             (1)  A sign, at least 0.4 m wide and 0.3 m high, is to be displayed at a place where screening is carried out, in the following form or in the form required by regulation 4.18B:

 

 

Commonwealth of Australia

WARNING!

Screening point in operation

Weapons and prohibited items must not be taken past this point without authority

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

             (2)  If a sign in accordance with subregulation (1) is not visibly displayed at an operating screening point, the screening authority responsible for operating the screening point is guilty of an offence.

Penalty:  50 penalty units.

4.18A  Signs to be displayed at operating screening point

             (1)  The screening authority responsible for operating a screening point must clearly display a sign, that is at least 0.4 m wide and 0.3 m high, in the following form, or in the form required by regulation 4.18B, at each place where screening is carried out:

 

 

Commonwealth of Australia

WARNING!

Screening point in operation

A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point.

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

             (2)  If the screening authority fails to do so, the screening authority commits an offence.

Penalty:  50 penalty units.

4.18B  Alternative requirements relating to signs for screening points

                   For the purposes of subregulations 4.18(1) and 4.18A(1), the required form of the sign is:

                     (a)  if the place where screening is carried out is also a LAGs screening point—the form set out in subregulation 4.22P(2); or

                     (b)  if the place where screening is carried out is not a LAGs screening point—the following form:

 

 

Commonwealth of Australia

WARNING!

 

Screening point in operation

A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point

Weapons and prohibited items must not be taken past this point without authority

 

Maximum penalty exceeds $10 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

4.19  Supervision etc of baggage

             (1)  The operator of a prescribed aircraft must ensure that checked baggage is not accessible to an unauthorised person between the time it is checked in and the time it is made available (for example, by being placed on a baggage carousel) for collection at the end of the prescribed air service.

Penalty:  50 penalty units.

Note:          For requirements for the control and supervision of baggage that is screened and cleared before it is checked in, see regulation 4.24.

             (2)  If the operator of a prescribed aircraft knows that a passenger’s baggage contains a firearm, the aircraft operator must take reasonable precautions to ensure that the baggage is not retrieved by any person other than the passenger.

Penalty:  50 penalty units.

4.20  Unaccompanied baggage

                   For the purposes of screening and clearing, unaccompanied baggage is to be treated as cargo.

4.21  Control etc of baggage loading

             (1)  There must be attached, to each item of checked baggage that is carried on board an aircraft that is operating a domestic or international regular public transport operation or domestic or international open charter operation, a tag that:

                     (a)  identifies the relevant flight of the aircraft; or

                     (b)  if the item is carried on board the aircraft in the circumstances mentioned in paragraph (6)(d)—identifies the original flight referred to in paragraph 4.21B(b).

             (2)  The tag must be attached to the item before the start of the flight referred to in paragraph (1)(a).

             (3)  Before the start of the flight, a record must be created for each such item that is carried on board the aircraft, and the record must be kept until at least 2 days after the end of the flight.

             (4)  The record must:

                     (a)  identify the passenger who checked in the item; and

                     (b)  record the number of the flight for which the passenger was checked in; and

                     (c)  match the item to a passenger on board the aircraft, or specify the circumstances of its carriage if the person who checked in the item is not on board the aircraft when it departs.

             (5)  The operator of a prescribed air service commits an offence if any of subregulations (1) to (4) are not complied with in respect of every item of checked baggage that is carried on an aircraft that is operating the prescribed air service.

Penalty:  50 penalty units.

             (6)  The operator of a prescribed air service commits an offence if, before an aircraft (the departing aircraft) that is operating the prescribed air service departs, every item of checked baggage that is carried on board the departing aircraft is not matched to:

                     (a)  a passenger who is on board the departing aircraft; or

                     (b)  a passenger who was properly checked in for a flight of an aircraft that has departed; or

                     (c)  a passenger who does not re‑board, or remain on board, the departing aircraft following diversion of the flight of the aircraft from its scheduled destination to an alternative destination in a circumstance specified in regulation 4.21A; or

                     (d)  a passenger who is not on board the departing aircraft in the circumstances specified in regulation 4.21B.

Penalty:  50 penalty units.

             (7)  The operator of a prescribed air service commits an offence if, before an aircraft that is operating the prescribed air service departs, every item of checked baggage that cannot be matched to a passenger in accordance with subregulation (6) is not removed from the aircraft.

Penalty:  50 penalty units.

4.21A  Circumstances relating to diversion of flights

             (1)  For paragraph 4.21(6)(c), each of the following paragraphs specifies a circumstance for the diversion of a flight of an aircraft from its scheduled destination to an alternative destination:

                     (a)  the pilot in command of the aircraft was required to divert the aircraft because of:

                              (i)  the meteorological conditions at the scheduled destination or on the way to the scheduled destination; or

                             (ii)  an emergency or other event at the scheduled destination that made the scheduled destination unsuitable for landing of the aircraft; or

                            (iii)  curfew restrictions at the scheduled destination; or

                            (iv)  concerns about the aircraft’s remaining fuel supply; or

                             (v)  a malfunction of the aircraft, or aircraft equipment; or

                            (vi)  an instruction or direction given by air traffic control, CASA or the Secretary;

                     (b)  all of the following apply:

                              (i)  the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);

                             (ii)  an item of checked baggage on board the aircraft is matched to a passenger who does not re‑board, or remain on board, the aircraft following the diversion;

                            (iii)  before the aircraft departs from the alternative destination, the Secretary gives an approval for the item of checked baggage to remain on board the aircraft when it departs from the alternative destination;

                     (c)  all of the following apply:

                              (i)  the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);

                             (ii)  an item of checked baggage on board the aircraft is matched to a passenger who does not re‑board, or remain on board, the aircraft following the diversion;

                            (iii)  the alternative destination does not have appropriate equipment for unloading that kind of aircraft.

             (2)  The Secretary may give an approval under subparagraph (1)(b)(iii) if the Secretary is satisfied that the approval will not adversely affect the safety or security of the aircraft.

             (3)  If an approval under subparagraph (1)(b)(iii) is not given in writing, the Secretary must make a written record of the approval as soon as practicable after giving the approval.

             (4)  The record must include:

                     (a)  the date and time the approval was given; and

                     (b)  the reasons for giving the approval.

4.21B  Circumstances relating to disruption of flights

                   For paragraph 4.21(6)(d), the circumstances are that the passenger is not on board the departing aircraft and each of the following applies:

                     (a)  the departing aircraft is operating a domestic air service;

                     (b)  the passenger was properly checked in for a flight on a different air service (the original flight);

                     (c)  the passenger was unable to travel on the original flight due to the disruption of that flight by events outside the passenger’s control.

4.22  Clearance of checked baggage removed from prescribed air service aircraft

                   If checked baggage is removed, for any reason other than an operational requirement, from an aircraft that is operating a prescribed air service, it must be cleared before it is re‑loaded on board such an aircraft.

Subdivision 4.1.1ALiquid, aerosol and gel products

4.22A  Definitions

                   In this Subdivision:

exempt person means:

                     (a)  a person who is cleared to pass through a screening point without being screened; or

                     (b)  an aviation security inspector, or a representative of the screening authority, who is lawfully testing the screening system.

Note:          For the meaning of cleared, see paragraph 41(2)(b) and subsection 41(3) of the Act. See also regulation 4.10.

international air service does not include a closed charter service.

4.22B  Meaning of exempt LAG item

                   A LAG product (including a duty free item or an item supplied by the aircraft operator) is an exempt LAG item, if:

                     (a)  the LAG product is in the possession of a passenger travelling on an aircraft that is operating an inbound international air service to Australia from an airport in an exempt country; and

                     (b)  the passenger passed through a screening point for international passengers at the airport in the exempt country before boarding the aircraft; and

                     (c)  the passenger obtained the LAG product after he or she passed through the screening point and before he or she boarded the aircraft; and

                     (d)  the passenger did not disembark and reboard the aircraft in a non‑exempt country during the international air service, unless the passenger did so as the result of an unscheduled stop.

4.22C  Meaning of LAG product

             (1)  Subject to subregulations (1A) to (5) a LAG product means any of the following things:

                     (a)  a substance that is a liquid when at room temperature;

                     (b)  an aerosol;

                     (c)  a gel;

                     (d)  a cream;

                     (e)  a paste.

          (1A)  Goods are not LAG products if they are covered by a notice given by the Secretary under paragraph 42(2)(c) of the Act.

Note:          If the Secretary gives a notice covering goods under paragraph 42(2)(c) of the Act, the goods receive clearance for the purposes of the Act and these Regulations.

             (2)  The following things, in relation to a person travelling on an international air service, are not LAG products:

                     (a)  if the person is an infant or toddler—a baby product that is in a quantity that is reasonable having regard to the duration of the flight;

                     (b)  a medical product for the person;

                     (c)  a therapeutic product for the person in a quantity that is reasonable having regard to the duration of the flight;

                     (d)  the contents of a bag being used to manage a medical condition of the person (such as a colostomy bag);

                     (e)  biological tissues, blood products, blood cultures, samples and substances used for medical research or reproductive health;

                      (f)  material or containers that are required to maintain the temperature, quality or integrity of something mentioned in paragraphs (a) to (e).

          (2A)  The following things, in relation to a person authorised to enter a LAGs cleared area other than through a screening point, are not LAG products:

                     (a)  a medical product for the person;

                     (b)  a therapeutic product for the person in a quantity that is reasonable having regard to the length of time that he or she will be in the LAGs cleared area;

                     (c)  the contents of a bag being used to manage a medical condition of the person (such as a colostomy bag);

                     (d)  material or containers that are required to maintain the temperature, quality or integrity of something mentioned in paragraphs (a) to (c).

             (3)  A thing mentioned in subregulation (1) that is taken through a LAGs screening point by a person is not a LAG product if:

                     (a)  the thing is to be used by the person in the course of, or for the purposes of, carrying on a business in a landside security zone; and

                     (b)  the thing is not for the personal use of the person.

             (4)  A thing mentioned in subregulation (1) that is taken through a LAGs screening point is not a LAG product if:

                     (a)  the thing is taken by a person specified in an item in column 2 of the table in regulation 4.62; and

                     (b)  the thing is a tool of trade for that person.

             (5)  A thing mentioned in subregulation (1) that is taken through a LAGs screening point is taken not to be a LAG product if the thing is the subject of a notice by the Secretary under subregulation 4.22Q(1).

             (6)  In this regulation:

baby product means:

                     (a)  a product used in the care of an infant or toddler; or

                     (b)  food for an infant or toddler, including infant formula.

medical product means a product supplied on prescription to a person.

therapeutic product means a product, other than a medical product, that is used for the treatment or management of a person’s medical condition.

Examples:

·      Special dietary products

·      Contact lens solution.

4.22D  Offence—not establishing LAGs screening point

                   For paragraph 44(2)(a) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:

                     (a)  an international air service operates from the airport, or area of the airport, as the case may be; and

                     (b)  the screening authority does not establish a LAGs screening point at the airport, or area of the airport.

Penalty:  50 penalty units.

4.22E  Offence—operator of inbound flight from exempt country

             (1)  For paragraph 44(2)(a) of the Act, the operator of an aircraft that is operating an inbound international air service commits an offence if:

                     (a)  the aircraft is flying to Australia from an airport in an exempt country; and

                     (b)  the aircraft operator does not put in place appropriate procedures to ensure that passengers on the aircraft do not have a LAG product in their possession, at the relevant times, unless the LAG product is:

                              (i)  in a LAGs container that is in a sealed LAGs bag; or

                             (ii)  an exempt LAG item; or

                            (iii)  a LAG product that was supplied to the passenger by the aircraft operator during the flight; or

                            (iv)  a permitted item.

Penalty:  200 penalty units.

             (2)  In this regulation:

passenger does not include:

                     (a)  a person who is exempt from screening requirements under regulation 4.12; or

                     (b)  a member of the crew of the aircraft.

relevant times, in relation to an aircraft, means:

                     (a)  the time the aircraft departs from its last port of call before it reaches Australia; and

                     (b)  the time the aircraft arrives in Australia.

4.22F  Offence—operator of inbound flight from non‑exempt country

             (1)  For paragraph 44(2)(a) of the Act, the operator of an aircraft that is operating an inbound international air service commits an offence if:

                     (a)  the aircraft is flying to Australia from an airport in a non‑exempt country; and

                     (b)  the aircraft operator does not put in place appropriate procedures to ensure that passengers on the aircraft do not have a LAG product in their possession, during the relevant times, unless the LAG product is:

                              (i)  in a LAGs container that is in a sealed LAGs bag; or

                             (ii)  an exempt duty free item; or

                            (iii)  a LAG product that was supplied to the passenger by the aircraft operator during the flight; or

                            (iv)  a permitted item.

Penalty:  200 penalty units.

             (2)  In this regulation:

passenger does not include:

                     (a)  a person who is exempt from screening requirements under regulation 4.12; or

                     (b)  a member of the crew of the aircraft.

relevant times, in relation to an aircraft, means:

                     (a)  the time the aircraft departs from its last port of call before it reaches Australia; and

                     (b)  the time the aircraft arrives in Australia.

4.22G  Offence—LAG product passing through LAGs screening point

             (1)  For paragraph 44(2)(aa) of the Act, a person commits an offence if:

                     (a)  the person passes through a LAGs screening point; and

                     (b)  the person is not an exempt person; and

                     (c)  the person has a LAG product in his or her possession; and

                     (d)  the LAG product is not in a LAGs container that is in a sealed LAGs bag.

Penalty:  20 penalty units.

             (2)  Subregulation (1) is an offence of strict liability.

4.22H  Offence—more than 1 LAGs bag

             (1)  For paragraph 44(2)(aa) of the Act, a person commits an offence if:

                     (a)  the person passes through a LAGs screening point; and

                     (b)  the person is not an exempt person; and

                     (c)  the person has, in his or her possession, more than 1 sealed LAGs bag that contains LAG products that are in LAGs containers, unless the second or subsequent bags are care bags.

Penalty:  20 penalty units.

             (2)  Subregulation (1) is an offence of strict liability.

             (3)  In this regulation:

care bag, in relation to a person, means 1 LAGs bag containing LAG products that are in LAGs containers for use by, or for the care of, an infirm person or child who the person is accompanying through a LAGs screening point.

4.22HA  Offence—entering LAGs cleared area other than through screening point with impermissible LAG product

             (1)  For subparagraph 44(2)(d)(ii) of the Act, a person commits an offence if:

                     (a)  the person enters a LAGs cleared area other than through a screening point; and

                     (b)  when entering the LAGs cleared area, the person has in his or her possession a LAG product; and

                     (c)  the LAG product is an impermissible LAG product within the meaning of subregulation 4.11(4).

Penalty:  20 penalty units.

             (2)  Subregulation (1) is an offence of strict liability.

4.22I  Things to be detected by screening

             (1)  For paragraph 44(2)(b) of the Act, LAG products are things that are to be detected at a LAGs screening point.

Note:          Regulation 4.04 sets out the other things that are to be detected by screening under these Regulations.

             (2)  To avoid doubt, subregulation (1) does not require a screening authority to detect LAG products if it is not technically possible to do so.

Note 1:       Regulation 4.08 sets out when a person must be cleared before boarding an aircraft.

Note 2:       Regulation 4.15 deals with when a person’s carry‑on baggage must be cleared.

4.22J  Dealing with LAG product surrendered during screening

             (1)  For paragraph 44(2)(c) of the Act, a screening authority must put in place procedures for the handling and destruction of LAG products surrendered as a result of screening.

             (2)  The procedures that the screening authority puts in place for the handling and destruction of LAG products surrendered as a result of screening must be in accordance with any applicable law in the place where screening occurs.

             (3)  A LAG product surrendered during screening must be handled and destroyed in accordance with the procedures put in place under this regulation.

Penalty:  50 penalty units.

4.22K  Offence—preventing destruction of surrendered LAG products

                   For paragraph 44(2)(c) of the Act, a person commits an offence if:

                     (a)  a screening authority has put in place procedures for the destruction of LAG products; and

                     (b)  a LAG product has been surrendered to the screening authority as a result of screening; and

                     (c)  the person prevents the destruction of the LAG product.

Penalty:  20 penalty units.

4.22L  Offence—not screening passengers before boarding

                   For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:

                     (a)  an international air service operates from the airport, or area of the airport, as the case may be; and

                     (b)  the screening authority has established a LAGs screening point at the airport, or area of the airport; and

                     (c)  the screening authority does not put in place reasonable measures to ensure that persons who pass through the LAGs screening point, to enter a LAGs cleared area, are screened at the screening point.

Penalty:  50 penalty units.

4.22M  Offence—not preventing entry to LAGs cleared area

             (1)  For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:

                     (a)  an international air service operates from the airport, or area of the airport, as the case may be; and

                     (b)  the screening authority does not put in place reasonable measures to ensure that a person does not enter a LAGs cleared area without being cleared, unless the person:

                              (i)  is an exempt person; or

                             (ii)  if the airport is an airport in which the sterile area is the same as the LAGs cleared area—is a person permitted under regulation 4.11 to enter a sterile area other than through a LAGs screening point; or

                            (iii)  has entered the sterile area from an airside area of the airport after disembarking from a LAGs screened air service.

Penalty:  50 penalty units.

             (2)  In this regulation:

LAGs screened air service means an air service operated by an aircraft that:

                     (a)  departed from a place inside Australia; and

                     (b)  only carried passengers that were screened for LAG products before boarding the service.

4.22N  Offence—not screening for LAG products

                   For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:

                     (a)  an international air service operates from the airport, or area of the airport, as the case may be; and

                     (b)  the screening authority has established a LAGs screening point at the airport, or area of the airport; and

                     (c)  the screening authority does not put in place appropriate procedures to ensure that a person does not carry a LAG product through the LAGs screening point unless:

                              (i)  the person is an exempt person; or

                             (ii)  the LAG product is in a LAGs container that is in a sealed LAGs bag.

Penalty:  50 penalty units.

4.22O  Offence—not screening for more than 1 LAGs bag

             (1)  For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:

                     (a)  an international air service operates from the airport, or area of the airport, as the case may be; and

                     (b)  the screening authority has established a LAGs screening point at the airport, or area of the airport; and

                     (c)  the screening authority does not put in place appropriate procedures to ensure that a person does not carry more than 1 sealed LAGs bag that contains LAG products in LAGs containers through the LAGs screening point, unless the second or subsequent bags are care bags.

Penalty:  20 penalty units.

             (2)  Subregulation (1) is an offence of strict liability.

             (3)  In this regulation:

care bag, in relation to a person, means 1 LAGs bag containing LAG products that are in LAGs containers for use by, or for the care of, an infirm person or child who the person is accompanying through a LAGs screening point.

4.22P  Offence—sign at LAGs screening point

             (1)  For paragraph 44(2)(k) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:

                     (a)  an international air service operates from the airport, or area of the airport, as the case may be; and

                     (b)  the person has established a LAGs screening point at the airport, or area of the airport; and

                     (c)  the person does not display, at the LAGs screening point, a sign that is:

                              (i)  at least 0.4 m wide and 0.3 m high; and

                             (ii)  in the following form or in the form set out in subregulation (2):

 

 

Commonwealth of Australia

WARNING!

International screening point in operation

Liquids, aerosols and gels other than those prescribed by, or under, the Regulations must not be taken past this point without authority

 

Maximum penalty exceeds $2 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

Penalty:  50 penalty units.

             (2)  For the purposes of subparagraph (1)(c)(ii), the form of the sign is as follows:

 

 

Commonwealth of Australia

WARNING!

International screening point in operation

A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point

Weapons and prohibited items must not be taken past this point without authority

 

Maximum penalty exceeds $10 000

 

Liquids, aerosols and gels other than those prescribed by, or under, the Regulations must not be taken past this point without authority

 

Maximum penalty exceeds $2 000

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

4.22Q  Notices

             (1)  For subsection 44(3) of the Act, the Secretary may by written notice provide that a thing, or a class of things, that would, except for this regulation be a LAG product, is taken not to be a LAG product.

             (2)  For subsection 44(3) of the Act, the Secretary may by written notice provide that a thing or a class of things, that is not a LAG product under these Regulations, is taken to be a LAG product.

             (3)  A notice under subregulation (1) or (2) may apply to a thing, or to a class of things, that is carried by a particular person, or class of persons, or that is taken on to a particular flight.

Subdivision 4.1.1BSecurity tamper‑evident bags

4.22R  Definitions

                   In this Subdivision:

ICAO guidance material means the Guidance Material on Security Control for Liquids, Aerosols and Gels (LAGs) that was issued on 16 October 2008 by ICAO.

security tamper‑evident bag means a bag:

                     (a)  that complies with the technical specifications for security tamper‑evident bags set out in the ICAO guidance material; and

                     (b)  for which the security requirements set out in regulation 4.22S have been satisfied.

4.22S  Security requirements for security tamper‑evident bags

             (1)  For paragraph (b) of the definition of security tamper‑evident bag in regulation 4.22R and subparagraph 4.22T(1)(b)(ii), the requirements are:

                     (a)  the bag was delivered to a retail business within a secure area of an airport (the business) in a sealed container; and

                     (b)  the container was inspected after delivery to the business for signs that it had been tampered with before delivery and no such signs were found; and

                     (c)  the business has in place procedures to ensure that bags under its control cannot be tampered with; and

                     (d)  bags are stored in a secure manner and are accessible only by persons whose names are on a written list of persons authorised by the business to have access to the bags; and

                     (e)  the business keeps records relating to the delivery, storage and handling of the bags.

             (2)  The Secretary may direct a person who conducts the business to keep a list mentioned in paragraph (1)(d) or a record mentioned in paragraph (1)(e) for the period specified in the direction.

4.22T  Offence—supply of non‑compliant security tamper‑evident bags

             (1)  A person who conducts a retail business (the business) within a secure area of an airport commits an offence if:

                     (a)  someone working in the business seals a LAG product purchased by a person (the customer) in a bag that is represented to the customer by the business to be a security tamper‑evident bag; and

                     (b)  either or both of the following apply:

                              (i)  the bag does not comply with the technical specifications for security tamper‑evident bags set out in the ICAO guidance material;

                             (ii)  the security requirements set out in regulation 4.22S have not been satisfied for the bag.

             (2)  For paragraph (1)(a), a business is taken to have represented to a customer that a bag is a security tamper‑evident bag if signage in the premises of the business or anything said to the customer by someone working in the business would reasonably lead the customer to believe that an item placed in the bag can be taken through a screening point for LAG products at an airport outside Australia without being surrendered.

Penalty:  20 penalty units.

Subdivision 4.1.2Checked baggage screening

4.23  Offence—aircraft operator loading checked baggage that has not been cleared

                   For paragraph 44(2)(f) and subsection 44(4) of the Act, an aircraft operator commits an offence if:

                     (a)  the aircraft operator conducts a screened air service; and

                     (b)  the operator loads an item of checked baggage onto an aircraft that is being used for the air service; and

                     (c)  the operator knows the item has not been cleared.

Penalty:  50 penalty units.

4.24  Offence—failure of screening authority to supervise or control

             (1)  For paragraph 44(2)(l) and subsection 44(4) of the Act, a screening authority at a security controlled airport, or part of the airport, commits an offence if:

                     (a)  a screened air service operates from the airport or part of the airport, as the case may be; and

                     (b)  the screening authority:

                              (i)  carries out screening and clearing of baggage for the air service at the airport or part of the airport; and

                             (ii)  is required to carry out screening of the baggage in accordance with the specifications of a binding screening notice; and

                     (c)  baggage belonging to passengers of the air service must be cleared before it is checked in; and

                     (d)  the screening authority does not have appropriate procedures in place to ensure that an item cannot be placed in or on any cleared baggage during the supervision or control period.

Penalty:  50 penalty units.

             (2)  In this regulation:

binding screening notice, in relation to a screening authority, means a notice:

                     (a)  given under regulation 4.17(1); and

                     (b)  binding on the authority.

Note:          Subregulation 4.17(3) sets out the requirement for a binding notice.

supervision or control period means the period that starts when baggage is cleared and ends when baggage is checked in.

4.25  International air services transiting Australia—inbound

             (1)  This regulation applies in relation to checked baggage on board an inbound international air service that becomes a screened air service by transiting through an airport in Australia.

             (2)  An item of the baggage must be screened at the aircraft’s first port of call in Australia if:

                     (a)  the aircraft’s operator cannot demonstrate that the item:

                              (i)  was screened at the port where the baggage was loaded on the aircraft outside Australia; and

                             (ii)  has been kept continuously secure since it was screened; or

                     (b)  the Secretary, by notice in writing, so requires.

4.26  International air services transferring passengers in Australia—inbound

             (1)  This regulation applies in relation to checked baggage on board an inbound international air service if some or all of its passengers are to be transferred to a screened air service in Australia.

             (2)  An item of the baggage must be screened before it is transferred to the other air service if:

                     (a)  the international aircraft’s operator cannot demonstrate that the item:

                              (i)  was screened at the port where the baggage was loaded on the aircraft outside Australia; and

                             (ii)  has been kept continuously secure since it was screened; or

                     (b)  the Secretary, by notice in writing, so requires.

4.27  International air services transiting Australia—outbound

             (1)  This regulation applies in relation to checked baggage on board an outbound international air service that becomes a screened air service by transiting through an airport in Australia.

             (2)  An item of the baggage must be screened at the aircraft’s last port of call in Australia if:

                     (a)  the aircraft’s operator cannot demonstrate that the item:

                              (i)  was screened at any of the aircraft’s previous ports of call in Australia; and

                             (ii)  has been kept continuously secure since it was screened; or

                     (b)  the Secretary, by notice in writing, so requires.

4.28  International air services transferring passengers in Australia—outbound

             (1)  This regulation applies in relation to checked baggage on board an outbound international air service if some or all of its passengers are to be transferred to a screened air service in Australia.

             (2)  An item of the baggage must be screened before it is transferred to the other air service if:

                     (a)  the aircraft’s operator cannot demonstrate that the item:

                              (i)  was screened at any of the aircraft’s previous ports of call in Australia; and

                             (ii)  has been kept continuously secure since it was screened; or

                     (b)  the Secretary, by notice in writing, so requires.

4.37  Requirement to notify intending passengers about checked baggage screening

             (1)  A screening authority must display signs, not less than 0.4 m wide by 0.3 m high, in the form set out in subregulation (2), indicating that checked baggage screening may occur.

Penalty:  10 penalty units.

             (2)  A sign required by subregulation (1) must be in the following form:

 

 

Commonwealth of Australia

WARNING!

Checked baggage screening may be in operation

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

4.38  Explosives not to be loaded on board aircraft

             (1)  Subject to subregulation (3), a screening authority must ensure that an explosive that is detected in an item of checked baggage during screening at the terminal facility is not loaded on board an aircraft.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

             (3)  Subregulation (1) does not apply in relation to an explosive the carriage of which is permitted by or under the Civil Aviation Safety Regulations 1998.

4.39  Opening of checked baggage

                   Nothing in these Regulations authorises a screening authority or a screening officer to open an item of checked baggage without the consent of a person who is entitled to possession of the item, or of the person who checked the item in, unless:

                     (a)  the screening authority first makes a reasonable attempt to find a person who is entitled to possession of the item, or the person who checked the item in; and

                     (b)  no such person is found.

Division 4.1AExamining and clearing cargo

Subdivision 4.1A.1Requirements for examining and clearing cargo

4.41A  Application of Subdivision

                   This Subdivision applies to:

                     (a)  international cargo; and

                     (b)  cargo to which this Subdivision applies because the Secretary has issued a notice to that effect under regulation 4.41J.

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) 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 a regulation 4.41J notice or a regulation 4.41JA notice that has been 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 explosives.

Cargo that need not be examined

             (3)  For this subregulation to be satisfied, the cargo must:

                     (a)  not require examination to receive clearance in accordance with:

                              (i)  regulation 4.41C; or

                             (ii)  a written notice issued by the Secretary under subparagraph 44B(2)(b)(i) of the Act; and

                     (b)  be handled by a regulated business in accordance with the requirements under the regulated business’ security program that deal with how cargo that has not been examined is to be handled in order to receive clearance; and

                     (c)  have a security declaration; and

                     (d)  not contain any unauthorised explosives.

4.41D  Meaning of security declaration

                   A security declaration is a document that:

                     (a)  is in relation to cargo; and

                     (b)  is issued by a regulated business, when the cargo is in the possession of the regulated business, that is a RACA or a known consignor; and

                     (c)  includes the following information:

                              (i)  the name of the regulated business issuing the document;

                             (ii)  the name of the individual issuing the document on behalf of the regulated business;

                            (iii)  whether the regulated business is a known consignor or a RACA;

                            (iv)  a general description of the contents of the cargo;

                             (v)  the cargo’s country of origin;

                            (vi)  the cargo’s country of destination;

                           (vii)  the time and date when the document was issued;

                          (viii)  if the cargo is required to be examined to receive clearance—the examination method applied to the cargo by the regulated business, including whether the cargo was examined in accordance with a regulation 4.41J notice or a regulation 4.41JA notice;

                            (ix)  if the cargo is not required to be examined to receive clearance—a statement of the grounds on which the cargo is not required to be examined to receive clearance;

                             (x)  a declaration that the cargo has received clearance.

Note 1:       Though subparagraph (viii) refers to examination by a regulated business, cargo may only be examined by a RACA (which is a type of regulated business)—see subregulation 4.41CA(2).

Note 2:       For the purposes of subparagraph (ix), the 2 grounds on which cargo may not require examination to receive clearance are:

(a)    in accordance with regulation 4.41C; or

(b)    in accordance with a written notice issued by the Secretary under subparagraph 44B(2)(b)(i) of the Act.

Note 3:       Subparagraph (x) refers to cargo having received clearance at the point in time at which the declaration is made. In order for cargo to be cleared at a particular time the cargo must have both received clearance and subsequently at all times have been handled in accordance with these Regulations—see subsection 44B(3) of the Act.

4.41F  Offence—issuing a security declaration in certain circumstances

Known consignors

             (1)  A known consignor commits an offence of strict liability if:

                     (a)  the known consignor issues a security declaration for cargo; and

                     (b)  the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and

                     (c)  the cargo did not originate with the known consignor.

Penalty:  100 penalty units.

             (2)  A known consignor commits an offence of strict liability if:

                     (a)  the known consignor issues a security declaration for cargo; and

                     (b)  the known consignor has not handled the cargo in accordance with the known consignor security program in force for the known consignor.

Penalty:  100 penalty units.

RACAs

             (3)  A RACA commits an offence of strict liability if:

                     (a)  the RACA issues a security declaration for cargo; and

                     (b)  the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and

                     (c)  the RACA has not examined the cargo in accordance with a regulation 4.41J notice or a regulation 4.41JA notice given to the RACA.

Penalty:  100 penalty units.

             (4)  A RACA commits an offence of strict liability if:

                     (a)  the RACA issues a security declaration for cargo; and

                     (b)  the RACA has not handled the cargo in accordance with the RACA security program in force for the RACA.

Penalty:  100 penalty units.

Persons other than known consignors and RACAs

             (5)  A person commits an offence of strict liability if:

                     (a)  the person purports to issue a security declaration for cargo; and

                     (b)  the person is not a known consignor or a RACA.

Penalty:  50 penalty units.

4.41G  Offence—loading cargo on aircraft if the cargo does not have a security declaration

             (1)  A regulated business commits an offence of strict liability if:

                     (a)  the regulated business loads cargo onto a prescribed aircraft; and

                     (b)  at the time of loading, the cargo is to be unloaded outside Australia; and

                     (c)  the regulated business does not have a security declaration for the cargo.

Penalty:

                     (a)  if the regulated business is an AACA—50 penalty units; or

                     (b)  in any other case—100 penalty units.

             (2)  A regulated business commits an offence of strict liability if:

                     (a)  the regulated business enters into an arrangement with another business that is not a regulated business to load cargo onto a prescribed aircraft; and

                     (b)  the other business loads the cargo onto the prescribed aircraft; and

                     (c)  at the time of loading, the cargo is to be unloaded outside Australia; and

                     (d)  the regulated business does not have a security declaration for the cargo.

Penalty:

                     (a)  if the regulated business is an AACA—50 penalty units; or

                     (b)  in any other case—100 penalty units.

4.41H  Offence—failing to keep records of security declaration

                   A person commits an offence of strict liability if:

                     (a)  the person is or was a regulated business; and

                     (b)  the person has, as a regulated business, issued a security declaration for cargo; and

                     (c)  the person does not keep a record of the declaration for 90 days after issuing the declaration.

Penalty:  50 penalty units.

Subdivision 4.1A.1ANotice by Secretary

4.41J  Notice for examination of cargo—examination requirements under this regulation

             (1)  This regulation is made for the purposes of subsection 44C(3) of the Act.

             (2)  The Secretary may issue a written notice under this regulation (a regulation 4.41J notice) that sets out requirements in relation to how cargo must be examined by a RACA for the purposes of this regulation.

Note:          In certain circumstances cargo may need to be examined in accordance with other requirements—see regulation 4.41JA.

             (3)  Without limiting subregulation (2), the notice may include one or more of the following:

                     (a)  the types of cargo that must be examined in accordance with the notice;

                     (b)  the methods, techniques and equipment to be used for examination;

                     (c)  the places where examination is to be conducted;

                     (d)  who may conduct the examination;

                     (e)  the things to be detected by examination;

                      (f)  the procedures for dealing with cargo that has been examined;

                     (g)  the records that must be kept about examination;

                     (h)  any other matter the Secretary considers relevant.

             (4)  The notice may apply to a RACA or a class of RACAs.

             (5)  The Secretary must give the notice to a RACA to which the notice applies if the Secretary is satisfied on reasonable grounds that:

                     (a)  the RACA is capable of examining cargo in accordance with the notice; and

                     (b)  the RACA intends to examine cargo in accordance with the notice; and

                     (c)  issuing the notice to the RACA is in the interests of safeguarding against unlawful interference with aviation.

             (6)  A RACA who has been given a notice under this regulation may, for the purposes of examining cargo, open, deconsolidate or unpack the cargo (whether or not the owner of the cargo, or any other person, has consented).

4.41JA  Notice for examination of cargo—examination requirements under this regulation

             (1)  This regulation is made for the purposes of subsection 44C(3) of the Act.

             (2)  The Secretary may issue a written notice under this regulation (a regulation 4.41JA notice) that sets out the requirements in relation to how cargo must be examined by a RACA for the purposes of this regulation.

Note:          These requirements for examination may apply, for example, in relation to cargo which is to be unloaded in a country which has particular requirements for how inbound cargo is to be examined.

             (3)  Without limiting subregulation (2), the notice may include one or more of the following:

                     (a)  the types of cargo that must be examined in accordance with the notice;

                     (b)  the methods, techniques and equipment to be used for examination;

                     (c)  the places where examination is to be conducted;

                     (d)  who may conduct the examination;

                     (e)  the things to be detected by examination;

                      (f)  the procedures for dealing with cargo that has been examined;

                     (g)  the records that must be kept about the examination;

                     (h)  any other matter the Secretary considers relevant.

             (4)  The notice may apply to a RACA or a class of RACAs.

             (5)  The Secretary must give the notice to a RACA to which the notice applies if the Secretary is satisfied on reasonable grounds that:

                     (a)  the RACA is capable of examining cargo in accordance with the notice; and

                     (b)  the RACA intends to examine cargo in accordance with the notice; and

                     (c)  issuing the notice to the RACA is in the interests of safeguarding against unlawful interference with aviation.

             (6)  A RACA who has been given a notice under this regulation may, for the purposes of examining cargo, open, deconsolidate or unpack the cargo (whether or not the owner of the cargo, or any other person, has consented).

4.41JB  Revocation of notice issued under this Subdivision

             (1)  The Secretary must revoke a notice given to a RACA under this Subdivision if the RACA requests the Secretary, in writing, to revoke the notice.

             (2)  The Secretary may revoke a notice given to a RACA, or a class of RACAs, under this Subdivision if the Secretary is satisfied on reasonable grounds that:

                     (a)  the RACA, or class of RACAs, concerned is not capable of examining cargo in accordance with the notice; or

                     (b)  the RACA, or class of RACAs, concerned is not examining cargo in accordance with the notice; or

                     (c)  revoking the notice is in the interests of safeguarding against unlawful interference with aviation.

             (3)  To avoid doubt, if:

                     (a)  the Secretary has given a notice under this Subdivision to a class of RACAs; and

                     (b)  subregulation (2) applies in relation to a particular RACA within that class;

the Secretary may, under that subregulation, revoke the notice given to the particular RACA without revoking the notice given to other RACAs within the class.

4.41K  Offence—failure to comply with regulation 4.41J or 4.41JA notice

                   A RACA commits an offence of strict liability if:

                     (a)  the Secretary has given the RACA a regulation 4.41J notice or a regulation 4.41JA notice; and

                     (b)  the RACA does not comply with the notice.

Penalty:  100 penalty units.

Subdivision 4.1A.1BApproving known consignors

4.41L  Known consignors

                   For the purposes of paragraph 44C(2)(ha) of the Act, a person is a known consignor if the person:

                     (a)  carries on a business that engages in originating cargo; and

                     (b)  is approved as a known consignor under regulation 4.41N.

4.41M  Applying for approval as a known consignor

             (1)  A person may apply, in writing, to the Secretary to be approved as a known consignor if the person:

                     (a)  carries on a business that engages in originating cargo; or

                     (b)  intends to carry on such a business.

             (2)  The application must:

                     (a)  be in the form approved, in writing, by the Secretary; and

                     (b)  include the information required by the form.

Further information

             (3)  The Secretary may request, in writing, that the applicant provide:

                     (a)  further information in relation to the application; or

                     (b)  access for inspection of one or more of the applicant’s sites to gather further information in relation to the application.

             (4)  The notice must specify the period within which the further information or access is to be provided.

             (5)  An inspection under paragraph (3)(b) may be conducted by any of the following:

                     (a)  an APS employee;

                     (b)  a person who is engaged as a consultant or contractor to perform services for the Department;

                     (c)  a law enforcement officer.

             (6)  The Secretary may refuse to consider the application until the applicant provides the further information or access.

4.41N  Decision on application

             (1)  The Secretary may, in relation to an application made by an applicant under regulation 4.41M:

                     (a)  approve the applicant as a known consignor; or

                     (b)  refuse to approve the applicant as a known consignor.

Matters to be taken into account

             (2)  In making a decision on the application, the Secretary may take into account:

                     (a)  any further information provided by the applicant under paragraph 4.41M(3)(a); and

                     (b)  any further information obtained as a result of any inspections carried out under paragraph 4.41M(3)(b); and

                     (c)  any other information the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the applicant, in writing, of the decision; and

                     (b)  do so within 90 days of the application being made.

Note:          If the Secretary approves the applicant as a known consignor:

(a)    the notice must include the duration of the approval—see regulation 4.41P; and

(b)    the Secretary must also provide the known consignor with a security program—see regulation 4.41Z.

             (4)  If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application

             (5)  If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to approve the applicant as a known consignor at the end of that period.

             (6)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock

             (7)  If the Secretary has requested:

                     (a)  further information under paragraph 4.41M(3)(a); or

                     (b)  access for inspection of one or more of the applicant’s sites under paragraph 4.41M(3)(b);

then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.41M(3), by the number of days falling within the period:

                     (c)  starting on the day on which the notice was given; and

                     (d)  ending on:

                              (i)  the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or

                             (ii)  if the information or access was not provided within the period specified in the notice—the last day of that period.

4.41P  Duration of approval

             (1)  A known consignor’s approval as a known consignor commences on the day specified in the notice under subregulation 4.41N(3).

             (2)  The day specified in the notice must not be earlier than:

                     (a)  the day the notice is given; or

                     (b)  if the applicant is not already carrying on a business that engages in originating cargo—the day on which the applicant commences carrying on such a business.

             (3)  The approval continues in force until the earlier of:

                     (a)  the end of the period specified in the notice; and

                     (b)  if the approval is revoked under regulation 4.41V, 4.41W or 4.41X—the day the approval is revoked.

Note:          If a known consignor applies for the known consignor’s approval to be renewed before the end of the period mentioned in paragraph (a), the approval continues in force until a decision is made on the renewal application—see regulation 4.41T.

             (4)  The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the approval commences.

4.41Q  Action by Secretary in relation to approval

             (1)  If there is a change to a known consignor’s operations resulting in the known consignor no longer carrying on business in accordance with the requirements of the known consignor’s security program, the Secretary may issue a notice, in writing, to the known consignor in accordance with subregulation (2).

             (2)  The notice may propose one or more of the following actions:

                     (a)  that the known consignor agree to restrict the known consignor’s activities to those that are in accordance with the known consignor’s security program;

                     (b)  that the known consignor agree to the Secretary imposing a condition on the known consignor’s approval as a known consignor relating to activities that are not in accordance with the known consignor’s security program;

                     (c)  that the known consignor agree to comply with a different known consignor security program;

                     (d)  that the known consignor’s approval as a known consignor be revoked.

             (3)  The known consignor must:

                     (a)  notify the Secretary, in writing, of which, if any, of the actions proposed in the notice the known consignor will accept; and

                     (b)  do so within 14 days of receiving the notice.

Note:          The Secretary may revoke the known consignor’s approval as a known consignor if the known consignor does not accept a proposed action, or if the known consignor accepts a proposed action but does not complete the action—see regulation 4.41X.

             (4)  If:

                     (a)  the notice proposes that the known consignor’s approval as a known consignor be revoked in accordance with paragraph (2)(d); and

                     (b)  the known consignor accepts the proposed action;

the known consignor is taken to have requested the Secretary to revoke the known consignor’s approval under regulation 4.41V.

4.41R  Application for re‑approval

             (1)  A known consignor may apply, in writing, to the Secretary for re‑approval as a known consignor.

             (2)  The application may only be made within the last 12 months of the period for which the known consignor’s approval is in force.

             (3)  The application must:

                     (a)  be in the form approved, in writing, by the Secretary; and

                     (b)  include the information required by the form.

Further information

             (4)  The Secretary may request, in writing, that the known consignor provide:

                     (a)  further information in relation to the application; or

                     (b)  access for inspection of one or more of the known consignor’s sites to gather further information in relation to the application.

             (5)  The notice must specify the period within which the further information or access is to be provided.

             (6)  An inspection under paragraph (4)(b) may be conducted by any of the following:

                     (a)  an APS employee;

                     (b)  a person who is engaged as a consultant or contractor to perform services for the Department;

                     (c)  a law enforcement officer.

             (7)  The Secretary may refuse to consider the application until the known consignor provides the further information or access.

4.41S  Decision on re‑approval application

             (1)  The Secretary may, in relation to an application made by a known consignor under regulation 4.41R:

                     (a)  re‑approve the known consignor as a known consignor; or

                     (b)  refuse to re‑approve the known consignor as a known consignor.

Matters to be taken into account

             (2)  In making a decision on the application, the Secretary may take into account:

                     (a)  any further information provided by the known consignor under paragraph 4.41R(4)(a); and

                     (b)  any further information obtained as a result of any inspections carried out under paragraph 4.41R(4)(b); and

                     (c)  any other information the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the known consignor, in writing, of the decision; and

                     (b)  do so within 90 days of the application being made.

Note:          If the Secretary re‑approves the known consignor as a known consignor, the notice must include the duration of the re‑approval—see regulation 4.41U.

             (4)  If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application

             (5)  If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to re‑approve the known consignor as a known consignor at the end of that period

             (6)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock

             (7)  If the Secretary has requested:

                     (a)  further information under paragraph 4.41R(4)(a); or

                     (b)  access for inspection of one or more of the known consignor’s sites under paragraph 4.41R(4)(b);

then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.41R(4), by the number of days falling within the period:

                     (c)  starting on the day on which the notice was given; and

                     (d)  ending on:

                              (i)  the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or

                             (ii)  if the information or access was not provided within the period specified in the notice—the last day of that period.

4.41T  Approval continues until decision on re‑approval application

                   If:

                     (a)  a known consignor makes an application for re‑approval as a known consignor under regulation 4.41R; and

                     (b)  the Secretary has not made a decision on the application before the known consignor’s approval is due to cease to be in force;

the known consignor’s approval is taken to continue until:

                     (c)  if the Secretary re‑approves the known consignor as a known consignor—the day specified in the notice under subregulation 4.41S(3) as the day on which the re‑approval commences; or

                     (d)  if the Secretary refuses to re‑approve the known consignor as a known consignor—the day the Secretary makes the decision to refuse the application.

4.41U  Duration of re‑approval

             (1)  A known consignor’s re‑approval as a known consignor commences on the day specified in the notice under subregulation 4.41S(3) (which must not be earlier than the day the notice is given).

             (2)  The re‑approval continues in force until the earlier of:

                     (a)  the end of the period specified in the notice; and

                     (b)  if the re‑approval is revoked under regulation 4.41V, 4.41W or 4.41X—the day the re‑approval is revoked.

             (3)  The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the re‑approval commences.

4.41V  Revocation of known consignor approval on request

Revocation on request

             (1)  The Secretary must revoke the approval of a person as a known consignor if the person requests, in writing, the Secretary to revoke the approval.

When revocation has effect

             (2)  The revocation has effect on:

                     (a)  the day nominated in the request (which must not be a day before the request is made); or

                     (b)  if no such day is specified in the request—the day the Secretary receives the request.

4.41W  Revocation of known consignor approval to safeguard against unlawful interference with aviation

Revocation to safeguard against unlawful interference with aviation

             (1)  The Secretary may, at any time by notice in writing, revoke the approval of a person as a known consignor if the Secretary is satisfied on reasonable grounds that revoking the approval is in the interests of safeguarding against unlawful interference with aviation.

             (2)  The notice must include the reasons for the revocation.

When revocation has effect

             (3)  The revocation has effect on the day the Secretary gives the person the notice.

4.41X  Revocation of known consignor approval on other grounds

Revocation on other grounds

             (1)  The Secretary may revoke the approval of a person as a known consignor if:

                     (a)  any information given in the known consignor’s application under regulation 4.41M is false or misleading in a material particular; or

                     (b)  if the known consignor’s site has been inspected in accordance with paragraph 4.41M(3)(b) or 4.41R(4)(b)—any information given during the inspection is false or misleading in a material particular; or

                     (c)  the known consignor has not accepted an action proposed in a notice issued under regulation 4.41Q; or

                     (d)  the known consignor has accepted an action proposed in a notice issued under regulation 4.41Q but the known consignor has not restricted the known consignor’s activities, or has not complied with a condition imposed, in accordance with the notice; or

                     (e)  if an application has been made for re‑approval—any information given in the known consignor’s application under regulation 4.41R is false or misleading in a material particular; or

                      (f)  the known consignor’s business no longer engages in originating cargo; or

                     (g)  the known consignor has failed to comply with the known consignor security program for the known consignor; or

                     (h)  the known consignor has failed to comply with a direction to vary the known consignor’s security program under regulation 4.41ZD; or

                      (i)  the known consignor has failed to comply with a special security direction under section 73 of the Act.

Notice of proposed revocation

             (2)  Before deciding to revoke a known consignor’s approval under subregulation (1), the Secretary must:

                     (a)  notify the known consignor, in writing, of:

                              (i)  the proposed revocation; and

                             (ii)  the reasons for the proposed revocation; and

                     (b)  invite the known consignor to:

                              (i)  make a submission as to why the known consignor’s approval should not be revoked; and

                             (ii)  do so within the period specified in the notice.

             (3)  The period specified in the notice must be at least 14 days commencing on the day the notice is given (the response period).

Decision on revocation

             (4)  In deciding whether to revoke the known consignor’s approval under subregulation (1), the Secretary must consider any submissions made within the response period.

             (5)  The Secretary must:

                     (a)  notify the known consignor, in writing, of the decision; and

                     (b)  do so within 28 days after the end of the response period.

             (6)  If the decision is to revoke the known consignor’s approval, the notice must include the reasons for the decision.

Deemed decision to revoke

             (7)  If the notice is not given within 28 days after the end of the response period, the Secretary is taken to have decided to revoke the known consignor’s approval at the end of that period.

             (8)  Paragraph (5)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

When revocation has effect

             (9)  If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.

           (10)  If submissions were made within the response period, the revocation has effect on:

                     (a)  if the known consignor was given a notice under subregulation (5)—the day after the known consignor was given the notice; or

                     (b)  if the known consignor was not given a notice under subregulation (5)—the day after the Secretary is taken, under subregulation (7), to have decided to revoke the known consignor’s approval.

4.41Y  Secretary’s list of known consignors

             (1)  The Secretary must keep a list of persons approved as known consignors.

             (2)  The Secretary may publish the list.

Subdivision 4.1A.1CKnown consignor security programs

4.41Z  Secretary must provide known consignor with security program

Security program for persons approved as known consignors

             (1)  If the Secretary approves a person as a known consignor under regulation 4.41N, the Secretary must:

                     (a)  provide the person with a known consignor security program that:

                              (i)  is appropriate for the kind of business that is carried on by the known consignor; and

                             (ii)  addresses the requirements set out in subregulation (2); and

                     (b)  do so at the same time as the notice of the approval is given under subregulation 4.41N(3).

             (2)  The known consignor security program must set out the following requirements:

                     (a)  measures and procedures to ensure security of the known consignor’s facilities;

                     (b)  measures and procedures to ensure security of the known consignor’s personnel;

                     (c)  training requirements and procedures for the known consignor’s personnel;

                     (d)  measures and procedures for clearing cargo;

                     (e)  measures and procedures to ensure the chain of custody for cargo;

                      (f)  measures and procedures for oversight of the operation of the measures, procedures and requirements for paragraphs (a) to (e), including quality assurance and incident response.

Security programs for known consignors that are re‑approved

             (3)  The Secretary may provide a known consignor who is re‑approved as a known consignor under regulation 4.41S with a known consignor security program that:

                     (a)  is appropriate for the kind of business that is carried on by the known consignor; and

                     (b)  addresses the requirements set out in subregulation (2).

             (4)  However, if:

                     (a)  a known consignor is re‑approved under regulation 4.41S; and

                     (b)  immediately before the known consignor was re‑approved there was a known consignor security program in force for the known consignor (the original security program); and

                     (c)  the Secretary does not provide the known consignor with a known consignor security program under subregulation (3);

the original security program continues in force for the known consignor.

4.41ZA  When a known consignor security program is in force

When a known consignor security program comes into force

             (1)  A known consignor security program for a known consignor comes into force at the time specified in the security program.

             (2)  However, if:

                     (a)  the time specified in the security program is earlier than the time at which the security program was given to the known consignor; or

                     (b)  no time is specified in the security program as the time when the security program comes into force;

the security program comes into force when the security program is given to the known consignor.

Known consignor security program remains in force for duration of approval

             (3)  The security program for the known consignor remains in force for so long as the known consignor is approved as a known consignor.

4.41ZB  Secretary may vary known consignor security program

             (1)  If:

                     (a)  a known consignor security program for a known consignor is in force; and

                     (b)  either:

                              (i)  the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.41Z(2); or

                             (ii)  the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;

the Secretary:

                     (c)  may vary the security program; and

                     (d)  must provide a copy of the varied security program to the known consignor.

Note:          The Secretary may also direct the known consignor to vary the security program, or the known consignor may request the Secretary to vary the security program—see regulations 4.41ZD and 4.41ZE.

             (2)  However, the Secretary must not vary the security program under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.41Z(2).

             (3)  The known consignor must, within 14 days of receiving the varied security program (the response period):

                     (a)  notify the Secretary, in writing, that the known consignor accepts the varied security program; or

                     (b)  request the Secretary, in writing, to amend the varied security program; or

                     (c)  both:

                              (i)  notify the Secretary, in writing, that the known consignor rejects the varied security program; and

                             (ii)  request the Secretary to revoke, under regulation 4.41V, the known consignor’s approval as a known consignor.

             (4)  If, within the response period, the known consignor notifies the Secretary that the known consignor accepts the varied security program, the varied security program comes into force 14 days after the day the known consignor notifies the Secretary of the acceptance.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.

             (5)  If, within the response period, the known consignor requests the Secretary to amend the varied security program, the known consignor must give the Secretary:

                     (a)  written details of the proposed amendment; and

                     (b)  written reasons why the proposed amendment is being requested.

             (6)  If, within the response period, the known consignor does not take any of the actions mentioned in subregulation (3), the varied security program comes into force 14 days after the end of the response period.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.

4.41ZC  Consideration of request to amend known consignor security program as varied by the Secretary

             (1)  The Secretary may, in relation to a request made by a known consignor, under paragraph 4.41ZB(3)(b), to amend a varied known consignor security program:

                     (a)  approve the request; or

                     (b)  refuse the request.

Matters to be taken into account

             (2)  In making a decision on the request, the Secretary must take into account the following:

                     (a)  whether the varied known consignor security program, as proposed to be amended, addresses the requirements set out in subregulation 4.41Z(2);

                     (b)  existing circumstances as they relate to aviation security;

                     (c)  the current use of the varied known consignor security program (if any) by a business of the kind carried on by the known consignor;

                     (d)  the efficient administration of the known consignor scheme;

                     (e)  any other matter the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the known consignor, in writing, of the decision; and

                     (b)  do so within 14 days of making the decision.

             (4)  If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests

             (5)  If the Secretary approves the request, the Secretary must:

                     (a)  incorporate the amendment into the varied security program; and

                     (b)  provide the varied security program, as amended, to the known consignor with the notice under subregulation (3); and

                     (c)  specify in the notice the day on which the varied security program, as amended, comes into force (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.

Refused requests

             (6)  If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.

Deemed refusal of request

             (7)  If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made:

                     (a)  the Secretary is taken to have refused the request; and

                     (b)  the varied security program comes into force at the end of the 90 day period.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.

             (8)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

4.41ZD  Secretary may direct known consignors to vary security programs

             (1)  If:

                     (a)  a known consignor security program is in force for a known consignor; and

                     (b)  either:

                              (i)  the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.41Z(2); or

                             (ii)  the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;

the Secretary may, by written notice given to the known consignor, direct the known consignor to vary the security program.

Note:          The Secretary may also vary the security program himself or herself, or the known consignor may request the Secretary to vary the security program—see regulations 4.41ZB and 4.41ZE.

             (2)  However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.41Z(2).

             (3)  In the notice, the Secretary must:

                     (a)  set out the variation; and

                     (b)  specify the period within which the known consignor must give the Secretary the security program as varied.

             (4)  If the known consignor gives the Secretary the security program:

                     (a)  varied in accordance with the direction; and

                     (b)  within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the known consignor, approve the variation. The variation comes into force when the notice is given.

Note 1:       As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.41ZA deals with the period for which a known consignor security program is in force.

Note 2:       If the known consignor does not vary the security program in accordance with the notice the known consignor’s approval as a known consignor may be revoked—see regulation 4.41X.

4.41ZE  Known consignor may request Secretary to vary known consignor security program

             (1)  A known consignor may request the Secretary to vary the known consignor security program for the known consignor.

             (2)  The request must:

                     (a)  be in writing; and

                     (b)  provide details of the proposed variation; and

                     (c)  include reasons why the proposed variation is being requested.

4.41ZF  Consideration of request to vary known consignor security program

             (1)  The Secretary may, in relation to a request made by a known consignor, under subregulation 4.41ZE(1), to vary the known consignor security program for the known consignor:

                     (a)  approve the request; or

                     (b)  refuse the request.

Matters to be taken into account

             (2)  In making a decision on the request, the Secretary must take into account the following:

                     (a)  whether the known consignor’s security program, as proposed to be varied, addresses the requirements set out in subregulation 4.41Z(2);

                     (b)  existing circumstances as they relate to aviation security;

                     (c)  the current use of the known consignor security program (if any) by a business of the kind carried on by the known consignor;

                     (d)  the efficient administration of the known consignor scheme;

                     (e)  any other matter the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the known consignor, in writing, of the decision; and

                     (b)  do so within 14 days of making the decision.

             (4)  If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests

             (5)  If the Secretary approves the request, the Secretary must:

                     (a)  incorporate the variation into the security program; and

                     (b)  provide the varied security program to the known consignor with the notice under subregulation (3); and

                     (c)  specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.41ZA.

Deemed refusal of request

             (6)  If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period.

             (7)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (6).

4.41ZG  Offence—failure to comply with known consignor security program

                   A known consignor commits an offence of strict liability if:

                     (a)  there is a known consignor security program in force for the known consignor; and

                     (b)  the known consignor fails to comply with the security program.

Penalty:  100 penalty units.

4.41ZH  Offence—disclosing known consignor security program information without consent

                   A person commits an offence if:

                     (a)  the person discloses information; and

                     (b)  the information is about the content of a known consignor security program for a known consignor; and

                     (c)  the person does not have the consent of the known consignor to disclose the information.

Penalty:  50 penalty units.

Subdivision 4.1A.2Designating regulated air cargo agents

4.42  Regulated air cargo agents

                   For the purposes of paragraph 44C(2)(i) of the Act, a person is a RACA if the person:

                     (a)  carries on a business that includes:

                              (i)  the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; and

                             (ii)  the examination, in accordance with a regulation 4.41J notice or a regulation 4.41JA notice given to the person, of cargo to be carried on a prescribed aircraft; and

                     (b)  is designated as a RACA under regulation 4.43A.

4.43  Applying for designation as a RACA

             (1)  A person may apply, in writing, to the Secretary to be designated as a RACA if the person intends to carry on a business that includes:

.                    (a)  the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; and

                     (b)  the examination, in accordance with a regulation 4.41J notice or a regulation 4.41JA notice, of cargo to be carried on a prescribed aircraft.

             (2)  The application must:

                     (a)  be in the form approved, in writing, by the Secretary; and

                     (b)  include the information required by the form.

Further information

             (3)  The Secretary may request, in writing, that the applicant provide:

                     (a)  further information in relation to the application; or

                     (b)  access for inspection of one or more of the applicant’s sites to gather further information in relation to the application.

             (4)  The notice must specify the period within which the further information or access is to be provided.

             (5)  An inspection under paragraph (3)(b) may be conducted by any of the following:

                     (a)  an APS employee;

                     (b)  a person who is engaged as a consultant or contractor to perform services for the Department;

                     (c)  a law enforcement officer.

             (6)  The Secretary may refuse to consider the application until the applicant provides the further information or access.

4.43A  Decision on application

             (1)  The Secretary may, in relation to an application made by an applicant under regulation 4.43:

                     (a)  designate the applicant as a RACA; or

                     (b)  refuse to designate the applicant as a RACA.

Matters to be taken into account

             (2)  In making a decision on the application, the Secretary may take into account:

                     (a)  any further information provided by the applicant under paragraph 4.43(3)(a); and

                     (b)  any further information obtained as a result of any inspections carried out under paragraph 4.43(3)(b); and

                     (c)  any other information the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the applicant, in writing, of the decision; and

                     (b)  do so within 90 days of the application being made.

Note:          If the Secretary designates the applicant as a RACA:

(a)    the notice must include the duration of the designation—see regulation 4.43B; and

(b)    the Secretary must also provide the applicant with a RACA security program—see regulation 4.46.

             (4)  If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application

             (5)  If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to designate the applicant as a RACA at the end of that period.

             (6)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock

             (7)  If the Secretary has requested:

                     (a)  further information under paragraph 4.43(3)(a); or

                     (b)  access for inspection of one or more of the applicant’s sites under paragraph 4.43(3)(b);

then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.43(3), by the number of days falling within the period:

                     (c)  starting on the day on which the notice was given; and

                     (d)  ending on:

                              (i)  the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or

                             (ii)  if the information or access was not provided within the period specified in the notice—the last day of that period.

4.43B  Duration of designation

             (1)  A RACA’s designation as a RACA commences on the day specified in the notice under subregulation 4.43A(3).

             (2)  The day specified in the notice must not be earlier than:

                     (a)  the day the notice is given; or

                     (b)  if the applicant is not already carrying on a business that includes the handling, or making arrangements for the transport, of cargo—the day on which the applicant commences carrying on such a business.

             (3)  The designation continues in force until the earlier of:

                     (a)  the end of the period specified in the notice; or

                     (b)  if the designation is revoked under regulation 4.44, 4.44A, 4.44B or 4.44C—the day the designation is revoked.

Note:          If a RACA applies for the RACA’s designation to be renewed before the end of the period mentioned in paragraph (a), the designation continues in force until a decision is made on the renewal application—see regulation 4.43F.

             (4)  The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the designation commences.

4.43C  Action by Secretary in relation to designation

             (1)  If there is a change to a RACA’s operations resulting in the RACA no longer carrying on business in accordance with the requirements of the RACA’s security program, the Secretary may issue a notice, in writing, to the RACA in accordance with subregulation (2).

             (2)  The notice may propose one or more of the following actions:

                     (a)  that the RACA agree to restrict the RACA’s activities to those that are in accordance with the RACA’s security program;

                     (b)  that the RACA agree to the Secretary imposing a condition on the RACA’s designation as a RACA relating to activities that are not in accordance with the RACA’s security program;

                     (c)  that the RACA agree to comply with a different RACA security program;

                     (d)  that the RACA’s designation as a RACA be revoked.

             (3)  The RACA must:

                     (a)  notify the Secretary, in writing, of which, if any, of the actions proposed in the notice the RACA will accept; and

                     (b)  do so within 14 days of receiving the notice.

Note:          The Secretary may revoke the RACA’s designation as a RACA if the RACA does not accept a proposed action, or if the RACA accepts a proposed action but does not complete the action—see regulation 4.44B.

             (4)  If:

                     (a)  the notice proposes that the RACA’s designation as a RACA be revoked in accordance with paragraph (2)(d); and

                     (b)  the RACA accepts the proposed action;

the RACA is taken to have requested the Secretary to revoke the RACA’s designation under regulation 4.44.

4.43D  Application for designation to be renewed

             (1)  A RACA may apply, in writing, to the Secretary for the RACA’s designation as a RACA to be renewed.

             (2)  The application may only be made within the last 12 months of the period for which the RACA’s designation is in force.

             (3)  The application must:

                     (a)  be in the form approved, in writing, by the Secretary; and

                     (b)  include the information required by the form.

Further information

             (4)  The Secretary may request, in writing, that the RACA provide:

                     (a)  further information in relation to the application; or

                     (b)  access for inspection of one or more of the RACA’s sites to gather further information in relation to the application.

             (5)  The notice must specify the period within which the further information or access is to be provided.

             (6)  An inspection under paragraph (4)(b) may be conducted by any of the following:

                     (a)  an APS employee;

                     (b)  a person who is engaged as a consultant or contractor to perform services for the Department;

                     (c)  a law enforcement officer.

             (7)  The Secretary may refuse to consider the application until the RACA provides the further information or access.

4.43E  Decision on renewal of designation application

             (1)  The Secretary may, in relation to an application made by a RACA under regulation 4.43D:

                     (a)  renew the RACA’s designation as a RACA; or

                     (b)  refuse to renew the RACA’s designation as a RACA.

Matters to be taken into account

             (2)  In making a decision on the application, the Secretary may take into account:

                     (a)  any further information provided by the RACA under paragraph 4.43D(4)(a); and

                     (b)  any further information obtained as a result of any inspections carried out under paragraph 4.43D(4)(b); and

                     (c)  any other information the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the RACA, in writing, of the decision; and

                     (b)  do so within 90 days of the application being made.

Note:          If the Secretary renews the RACA’s designation as a RACA, the notice must include the duration of the renewed designation—see regulation 4.43G.

             (4)  If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application

             (5)  If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to renew the RACA’s designation as a RACA at the end of that period.

             (6)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock

             (7)  If the Secretary has requested:

                     (a)  further information under paragraph 4.43D(4)(a); or

                     (b)  access for inspection of one or more of the RACA’s sites under paragraph 4.43D(4)(b);

then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.43D(4), by the number of days falling within the period:

                     (c)  starting on the day on which the notice was given; and

                     (d)  ending on:

                              (i)  the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or

                             (ii)  if the information or access was not provided within the period specified in the notice—the last day of that period.

4.43F  Designation continues until decision on renewal application

                   If:

                     (a)  a RACA makes an application for renewal of the RACA’s designation as a RACA under regulation 4.43D; and

                     (b)  the Secretary has not made a decision on the application before the RACA’s designation is due to cease to be in force;

the RACA’s designation is taken to continue until:

                     (c)  if the Secretary renews the RACA’s designation as a RACA—the day specified in the notice under subregulation 4.43E(3) as the day on which the renewed designation commences; or

                     (d)  if the Secretary refuses to renew the RACA’s designation as a RACA—the day the Secretary makes the decision to refuse the application.

4.43G  Duration of renewed designation

             (1)  A RACA’s renewed designation as a RACA commences on the day specified in the notice under subregulation 4.43E(3) (which must not be earlier than the day the notice is given).

             (2)  The renewed designation continues in force until the earlier of:

                     (a)  the end of the period specified in the notice; or

                     (b)  if the renewed designation is revoked under regulation 4.44, 4.44A, 4.44B or 4.44C—the day the renewed designation is revoked.

             (3)  The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the renewed designation commences.

4.44  Revocation of RACA designation on request

Revocation on request

             (1)  The Secretary must revoke the designation of a person as a RACA if the person requests, in writing, the Secretary to revoke the designation.

When revocation has effect

             (2)  The revocation has effect on:

                     (a)  the day nominated in the request (which must not be a day before the request is made); or

                     (b)  if no such day is specified in the request—the day the Secretary receives the request.

4.44A  Revocation of RACA designation to safeguard against unlawful interference with aviation

Revocation to safeguard against unlawful interference with aviation

             (1)  The Secretary may, at any time by notice in writing, revoke the designation of a person as a RACA if the Secretary is satisfied on reasonable grounds that revoking the designation is in the interests of safeguarding against unlawful interference with aviation.

             (2)  The notice must include the reasons for the revocation.

When revocation has effect

             (3)  The revocation has effect on the day the Secretary gives the person the notice.

4.44B  Revocation of RACA designation on other grounds

Revocation on other grounds

             (1)  The Secretary may revoke the designation of a person as a RACA if:

                     (a)  any information given in the RACA’s application under regulation 4.43 is false or misleading in a material particular; or

                     (b)  if the RACA’s site has been inspected in accordance with paragraph 4.43(3)(b) or 4.43D(4)(b)—any information given during the inspection is false or misleading in a material particular; or

                     (c)  the RACA has not accepted an action proposed in a notice issued under regulation 4.43C; or

                     (d)  the RACA has accepted an action proposed in a notice issued under regulation 4.43C but the RACA has not restricted the RACA’s activities, or has not complied with a condition imposed, in accordance with the notice; or

                     (e)  if an application has been made for renewal of the RACA’s designation—any information given in the RACA’s application under regulation 4.43D is false or misleading in a material particular; or

                      (f)  the RACA’s business no longer includes:

                              (i)  the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; or

                             (ii)  examining cargo, in accordance with a regulation 4.41J notice or a regulation 4.41JA notice given to the RACA, that is to be carried on a prescribed aircraft; or

                     (g)  the RACA has failed to comply with the RACA security program for the RACA; or

                     (h)  the RACA has failed to comply with a direction to vary the RACA’s security program under regulation 4.46D; or

                      (i)  the RACA has failed to comply with a special security direction under section 73 of the Act.

Notice of proposed revocation

             (2)  Before deciding to revoke a RACA’s designation under subregulation (1), the Secretary must:

                     (a)  notify the RACA, in writing, of:

                              (i)  the proposed revocation; and

                             (ii)  the reasons for the proposed revocation; and

                     (b)  invite the RACA to:

                              (i)  make a submission as to why the RACA’s designation should not be revoked; and

                             (ii)  do so within the period specified in the notice.

             (3)  The period specified in the notice must be at least 14 days commencing on the day the notice is given (the response period).

Decision on revocation

             (4)  In deciding whether to revoke the RACA’s designation under subregulation (1), the Secretary must consider any submissions made within the response period.

             (5)  The Secretary must:

                     (a)  notify the RACA, in writing, of the decision; and

                     (b)  do so within 28 days after the end of the response period.

             (6)  If the decision is to revoke the RACA’s designation, the notice must include the reasons for the decision.

Deemed decision to revoke

             (7)  If the notice is not given within 28 days after the end of the response period, the Secretary is taken to have decided to revoke the RACA’s designation at the end of that period.

             (8)  Paragraph (5)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

When revocation has effect

             (9)  If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.

           (10)  If submissions were made within the response period, the revocation has effect on:

                     (a)  if the RACA was given a notice under subregulation (5)—the day after the RACA was given the notice; or

                     (b)  if the RACA was not given a notice under subregulation (5)—the day after the Secretary is taken, under subregulation (7), to have decided to revoke the RACA’s designation.

4.44C  Automatic revocation if RACA accredited as AACA

Automatic revocation if accredited as AACA

             (1)  The designation of a person as a RACA is automatically revoked if the person is subsequently accredited as an AACA.

When revocation has effect

             (2)  The revocation has effect on the day the person is accredited as an AACA.

4.45  Secretary’s list of regulated air cargo agents

             (1)  The Secretary must keep a list of persons designated as RACAs.

             (2)  The Secretary may publish the list.

Subdivision 4.1A.2ARACA security programs

4.46  Secretary must provide RACA with security program

Security program for persons designated as RACAs

             (1)  If the Secretary designates a person as a RACA under regulation 4.43A, the Secretary must:

                     (a)  provide the person with a RACA security program that:

                              (i)  is appropriate for the kind of business that is carried on by the RACA; and

                             (ii)  addresses the requirements set out in subregulation (2); and

                     (b)  do so at the same time as the notice of the designation is given under subregulation 4.43A(3).

             (2)  The RACA security program must set out the following requirements:

                     (a)  measures and procedures to ensure security of the RACA’s facilities;

                     (b)  measures and procedures to ensure security of the RACA’s personnel;

                     (c)  training requirements and procedures for the RACA’s personnel;

                     (d)  measures and procedures for clearing cargo;

                     (e)  measures and procedures to ensure the chain of custody for cargo;

                      (f)  measures and procedures for handling high risk cargo;

                     (g)  measures and procedures for oversight of the operation of the measures, procedures and requirements for paragraphs (a) to (f), including quality assurance and incident response.

Security programs for RACAs whose designation is renewed

             (3)  The Secretary may provide a RACA whose designation as a RACA is renewed under regulation 4.43E with a RACA security program that:

                     (a)  is appropriate for the kind of business that is carried on by the RACA; and

                     (b)  addresses the requirements set out in subregulation (2).

             (4)  However, if:

                     (a)  a RACA’s designation is renewed under regulation 4.43E; and

                     (b)  immediately before the RACA’s designation was renewed there was a RACA security program in force for the RACA (the original security program); and

                     (c)  the Secretary does not provide the RACA with a RACA security program under subregulation (3);

the original security program continues in force for the RACA.

4.46A  When a RACA security program is in force

When a RACA security program comes into force

             (1)  A RACA security program for a RACA comes into force at the time specified in the security program.

             (2)  However, if:

                     (a)  the time specified in the security program is earlier than the time at which the security program was given to the RACA; or

                     (b)  no time is specified in the security program as the time when the security program comes into force;

the security program comes into force when the security program is given to the RACA.

RACA security program remains in force for duration of designation

             (3)  The security program for the RACA remains in force for so long as the RACA is designated as a RACA.

4.46B  Secretary may vary RACA security program

             (1)  If:

                     (a)  a RACA security program is in force for a RACA; and

                     (b)  either:

                              (i)  the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.46(2); or

                             (ii)  the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;

the Secretary:

                     (c)  may vary the security program; and

                     (d)  must provide a copy of the varied security program to the RACA.

Note:          The Secretary may also direct the RACA to vary the security program, or the RACA may request the Secretary to vary the security program—see regulations 4.46D and 4.46E.

             (2)  However, the Secretary must not vary the security program under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.46(2).

             (3)  The RACA must, within 14 days of receiving the varied security program (the response period):

                     (a)  notify the Secretary, in writing, that the RACA accepts the varied security program; or

                     (b)  request the Secretary, in writing, to amend the varied security program; or

                     (c)  both:

                              (i)  notify the Secretary, in writing, that the RACA rejects the varied security program; and

                             (ii)  request the Secretary to revoke, under regulation 4.44, the RACA’s designation as a RACA.

             (4)  If, within the response period, the RACA notifies the Secretary that the RACA accepts the varied security program, the varied security program comes into force 14 days after the day the RACA notifies the Secretary of the acceptance.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.46A.

             (5)  If, within the response period, the RACA requests the Secretary to amend the varied security program, the RACA must give the Secretary:

                     (a)  written details of the proposed amendment; and

                     (b)  written reasons why the proposed amendment is being requested.

             (6)  If, within the response period, the RACA does not take any of the actions mentioned in subregulation (3), the varied security program comes into force 14 days after the end of the response period.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.46A.

4.46C  Consideration of request to amend RACA security program as varied by the Secretary

             (1)  The Secretary may, in relation to a request made by a RACA, under paragraph 4.46B(3)(b), to amend a varied RACA security program:

                     (a)  approve the request; or

                     (b)  refuse the request.

Matters to be taken into account

             (2)  In making a decision on the request, the Secretary must take into account the following:

                     (a)  whether the varied RACA security program, as proposed to be amended, addresses the requirements set out in subregulation 4.46(2);

                     (b)  existing circumstances as they relate to aviation security;

                     (c)  the current use of the varied RACA security program (if any) by a business of the kind carried on by the RACA;

                     (d)  the efficient administration of the RACA scheme;

                     (e)  any other matter the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the RACA, in writing, of the decision; and

                     (b)  do so within 14 days of making the decision.

             (4)  If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests

             (5)  If the Secretary approves the request, the Secretary must:

                     (a)  incorporate the amendment into the varied security program; and

                     (b)  provide the varied security program, as amended, to the RACA with the notice under subregulation (3); and

                     (c)  specify in the notice the day on which the varied security program, as amended, comes into force (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.46A.

Refused requests

             (6)  If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.46A.

Deemed refusal of request

             (7)  If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made:

                     (a)  the Secretary is taken to have refused the request; and

                     (b)  the varied security program comes into force at the end of the 90 day period.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.46A.

             (8)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

4.46D  Secretary may direct RACAs to vary security programs

             (1)  If:

                     (a)  a RACA security program is in force for a RACA; and

                     (b)  either:

                              (i)  the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.46(2); or

                             (ii)  the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;

the Secretary may, by written notice given to the RACA, direct the RACA to vary the security program.

Note:          The Secretary may also vary the security program himself or herself, or the RACA may request the Secretary to vary the security program—see regulations 4.46B and 4.46E.

             (2)  However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.46(2).

             (3)  In the notice, the Secretary must:

                     (a)  set out the variation; and

                     (b)  specify the period within which the RACA must give the Secretary the security program as varied.

             (4)  If the RACA gives the Secretary the security program:

                     (a)  varied in accordance with the direction; and

                     (b)  within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the RACA, approve the variation. The variation comes into force when the notice is given.

Note 1:       As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.46A deals with the period for which a RACA security program is in force.

Note 2:       If the RACA does not vary the security program in accordance with the notice the RACA’s designation as a RACA may be revoked—see regulation 4.44B.

4.46E  RACA may request Secretary to vary RACA security program

             (1)  A RACA may request the Secretary to vary the RACA security program for the RACA.

             (2)  The request must:

                     (a)  be in writing; and

                     (b)  provide details of the proposed variation; and

                     (c)  include reasons why the proposed variation is being requested.

4.46F  Consideration of request to vary RACA security program

             (1)  The Secretary may, in relation to a request made by a RACA, under subregulation 4.46E(1), to vary the RACA security program for the RACA:

                     (a)  approve the request; or

                     (b)  refuse the request.

Matters to be taken into account

             (2)  In making a decision on the request, the Secretary must take into account the following:

                     (a)  whether the RACA’s security program, as proposed to be varied, addresses the requirements set out in subregulation 4.46(2);

                     (b)  existing circumstances as they relate to aviation security;

                     (c)  the current use of the RACA security program (if any) by a business of the kind carried on by the RACA;

                     (d)  the efficient administration of the RACA scheme;

                     (e)  any other matter the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the RACA, in writing, of the decision; and

                     (b)  do so within 14 days of making the decision.

             (4)  If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests

             (5)  If the Secretary approves the request, the Secretary must:

                     (a)  incorporate the variation into the security program; and

                     (b)  provide the varied security program to the RACA with the notice under subregulation (3); and

                     (c)  specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.46A.

Deemed refusal of request

             (6)  If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period.

             (7)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (6).

4.46G  Offence—failure to comply with RACA security program

                   A RACA commits an offence of strict liability if:

                     (a)  there is a RACA security program in force for the RACA; and

                     (b)  the RACA fails to comply with the security program.

Penalty:  100 penalty units.

4.46H  Offence—disclosing RACA security program information without consent

                   A person commits an offence if:

                     (a)  the person discloses information; and

                     (b)  the information is about the content of a RACA security program for a RACA; and

                     (c)  the person does not have the consent of the RACA to disclose the information.

Penalty:  50 penalty units.

Subdivision 4.1A.3Accrediting accredited air cargo agents

4.47  Accredited air cargo agents

                   For paragraph 44C(2)(j) of the Act, a person is an AACA if:

                     (a)  the person carries on a business that includes the handling, or making arrangements for the transport, of cargo; and

                     (b)  the person is accredited by the Secretary as an AACA under this Subdivision.

4.48  Applying for accreditation as an AACA

             (1)  A person may apply, in writing, to the Secretary to be accredited as an AACA if the person:

                     (a)  carries on a business that includes the handling, or making arrangements for the transport, of cargo; or

                     (b)  intends to carry on such a business.

             (2)  The application must:

                     (a)  be in the form approved, in writing, by the Secretary; and

                     (b)  include the information required by the form.

Further information

             (3)  The Secretary may request, in writing, that the applicant provide:

                     (a)  further information in relation to the application; or

                     (b)  access for inspection of one or more of the applicant’s sites to gather further information in relation to the application.

             (4)  The notice must specify the period within which the further information or access is to be provided.

             (5)  An inspection under paragraph (3)(b) may be conducted by any of the following:

                     (a)  an APS employee;

                     (b)  a person who is engaged as a consultant or contractor to perform services for the Department;

                     (c)  a law enforcement officer.

             (6)  The Secretary may refuse to consider the application until the applicant provides the further information or access.

4.49  Decision on application

             (1)  The Secretary may, in relation to an application made by an applicant under regulation 4.48:

                     (a)  accredit the applicant as an AACA; or

                     (b)  refuse to accredit the applicant as an AACA.

Matters to be taken into account

             (2)  In making a decision on the application, the Secretary may take into account:

                     (a)  any further information provided by the applicant under paragraph 4.48(3)(a); and

                     (b)  any further information obtained as a result of any inspections carried out under paragraph 4.48(3)(b); and

                     (c)  any other information the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the applicant, in writing, of the decision; and

                     (b)  do so within 90 days of the application being made.

Note:          If the Secretary accredits the applicant as an AACA:

(a)    the notice must include the duration of the accreditation—see regulation 4.50; and

(b)    the Secretary must also provide the AACA with an AACA security program—see regulation 4.51F.

             (4)  If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application

             (5)  If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to accredit the applicant as an AACA at the end of that period.

             (6)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock

             (7)  If the Secretary has requested:

                     (a)  further information under paragraph 4.48(3)(a); or

                     (b)  access for inspection of one or more of the applicant’s sites under paragraph 4.48(3)(b);

then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.48(3), by the number of days falling within the period:

                     (c)  starting on the day on which the notice was given; and

                     (d)  ending on:

                              (i)  the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or

                             (ii)  if the information or access was not provided within the period specified in the notice—the last day of that period.

4.50  Duration of accreditation

             (1)  An AACA’s accreditation as an AACA commences on the day specified in the notice under subregulation 4.49(3).

             (2)  The day specified in the notice must not be earlier than:

                     (a)  the day the notice is given; or

                     (b)  if the applicant is not already carrying on a business that includes the handling, or making arrangements for the transport, of cargo—the day on which the applicant commences carrying on such a business.

             (3)  The accreditation continues in force until the earlier of:

                     (a)  the end of the period specified in the notice; or

                     (b)  if the accreditation is revoked under regulation 4.51D, 4.51DA, 4.51DB or 4.51DC—the day the accreditation is revoked.

Note:          If an AACA applies for the AACA’s accreditation to be renewed before the end of the period mentioned in paragraph (a), the accreditation continues in force until a decision is made on the renewal application—see regulation 4.51C.

             (4)  The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the accreditation commences.

4.51  Action by Secretary in relation to accreditation

             (1)  If there is a change to an AACA’s operations resulting in the AACA no longer carrying on business in accordance with the requirements of the AACA’s security program, the Secretary may issue a notice, in writing, to the AACA in accordance with subregulation (2).

             (2)  The notice may propose one or more of the following actions:

                     (a)  that the AACA agree to restrict the AACA’s activities to those that are in accordance with the AACA’s security program;

                     (b)  that the AACA agree to the Secretary imposing a condition on the AACA’s accreditation as an AACA relating to activities that are not in accordance with the AACA’s security program;

                     (c)  that the AACA agree to comply with a different AACA security program;

                     (d)  that the AACA’s accreditation as an AACA be revoked.

Note:          The Secretary may revoke the AACA’s accreditation as an AACA if the AACA does not accept a proposed action, or if the AACA accepts a proposed action but does not complete the action—see regulation 4.51DB.

             (3)  The AACA must:

                     (a)  notify the Secretary, in writing, of which, if any, of the actions proposed in the notice the AACA will accept; and

                     (b)  do so within 14 days of receiving the notice.

             (4)  If:

                     (a)  the notice proposes that the AACA’s accreditation as an AACA be revoked in accordance with paragraph (2)(d); and

                     (b)  the AACA accepts the proposed action;

the AACA is taken to have requested the Secretary to revoke the AACA’s accreditation under regulation 4.51D.

4.51A  Application for accreditation to be renewed

             (1)  An AACA may apply, in writing, to the Secretary for the AACA’s accreditation as an AACA to be renewed.

             (2)  The application may only be made within the last 12 months of the period for which the AACA’s accreditation is in force.

             (3)  The application must:

                     (a)  be in the form approved, in writing, by the Secretary; and

                     (b)  include the information required by the form.

Further information

             (4)  The Secretary may request, in writing, that the AACA provide:

                     (a)  further information in relation to the application; or

                     (b)  access for inspection of one or more of the AACA’s sites to gather further information in relation to the application.

             (5)  The notice must specify the period within which the further information or access is to be provided.

             (6)  An inspection under paragraph (4)(b) may be conducted by any of the following:

                     (a)  an APS employee;

                     (b)  a person who is engaged as a consultant or contractor to perform services for the Department;

                     (c)  a law enforcement officer.

             (7)  The Secretary may refuse to consider the application until the AACA provides the further information or access.

4.51B  Decision on renewal of accreditation application

             (1)  The Secretary may, in relation to an application made by an AACA under regulation 4.51A:

                     (a)  renew the AACA’s accreditation as an AACA; or

                     (b)  refuse to renew the AACA’s accreditation as an AACA.

Matters to be taken into account

             (2)  In making a decision on the application, the Secretary may take into account:

                     (a)  any further information provided by the AACA under paragraph 4.51A(4)(a); and

                     (b)  any further information obtained as a result of any inspections carried out under paragraph 4.51A(4)(b); and

                     (c)  any other information the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the AACA, in writing, of the decision; and

                     (b)  do so within 90 days of the application being made.

Note:          If the Secretary renews the AACA’s accreditation as an AACA, the notice must include the duration of the renewed accreditation—see regulation 4.51CA.

             (4)  If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application

             (5)  If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to renew the AACA’s accreditation as an AACA at the end of that period.

             (6)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock

             (7)  If the Secretary has requested:

                     (a)  further information under paragraph 4.51A(4)(a); or

                     (b)  access for inspection of one or more of the AACA’s sites under paragraph 4.51A(4)(b);

then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.51A(4), by the number of days falling within the period:

                     (c)  starting on the day on which the notice was given; and

                     (d)  ending on:

                              (i)  the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or

                             (ii)  if the information or access was not provided within the period specified in the notice—the last day of that period.

4.51C  Accreditation continues until decision on renewal application

                   If:

                     (a)  an AACA makes an application for renewal of the AACA’s accreditation as an AACA under regulation 4.51A; and

                     (b)  the Secretary has not made a decision on the application before the AACA’s accreditation is due to cease to be in force;

the AACA’s accreditation is taken to continue until:

                     (c)  if the Secretary renews the AACA’s accreditation as an AACA—the day specified in the notice under subregulation 4.51B(3) as the day on which the renewed accreditation commences; or

                     (d)  if the Secretary refuses to renew the AACA’s accreditation as an AACA—the day the Secretary makes the decision to refuse the application.

4.51CA  Duration of renewed accreditation

             (1)  An AACA’s renewed accreditation as an AACA commences on the day specified in the notice under subregulation 4.51B(3) (which must not be earlier than the day the notice is given).

             (2)  The renewed accreditation continues in force until the earlier of:

                     (a)  the end of the period specified in the notice; or

                     (b)  if the renewed accreditation is revoked under regulation 4.51D, 4.51DA, 4.51DB or 4.51DC—the day the renewed accreditation is revoked.

             (3)  The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the renewed accreditation commences.

4.51D  Revocation of AACA accreditation on request

Revocation on request

             (1)  The Secretary must revoke the accreditation of a person as an AACA if the person requests, in writing, the Secretary to revoke the accreditation.

When revocation has effect

             (2)  The revocation has effect on:

                     (a)  the day nominated in the request (which must not be a day before the request is made); or

                     (b)  if no such day is specified in the request—the day the Secretary receives the request.

4.51DA  Revocation of AACA accreditation to safeguard against unlawful interference with aviation

Revocation to safeguard against unlawful interference with aviation

             (1)  The Secretary may, at any time by notice in writing, revoke the accreditation of a person as an AACA if the Secretary is satisfied on reasonable grounds that revoking the accreditation is in the interests of safeguarding against unlawful interference with aviation.

             (2)  The notice must include the reasons for the revocation.

When revocation has effect

             (3)  The revocation has effect on the day the Secretary gives the person the notice.

4.51DB  Revocation of AACA accreditation on other grounds

Revocation on other grounds

             (1)  The Secretary may revoke the accreditation of person as an AACA if:

                     (a)  any information given in the AACA’s application under regulation 4.48 is false or misleading in a material particular; or

                     (b)  if the AACA’s site has been inspected in accordance with paragraph 4.48(3)(b) or 4.51A(4)(b)—any information given during the inspection is false or misleading in a material particular; or

                     (c)  the AACA has not accepted an action proposed in a notice issued under regulation 4.51; or

                     (d)  the AACA has accepted an action proposed in a notice issued under regulation 4.51 but the AACA has not restricted the AACA’s activities, or has not complied with a condition imposed, in accordance with the notice; or

                     (e)  if an application has been made for renewal of the AACA’s accreditation—any information given in the AACA’s application under regulation 4.51A is false or misleading in a material particular; or

                      (f)  the AACA’s business no longer includes the handling, or making arrangements for the transport, of cargo; or

                     (g)  the AACA has failed to comply with the AACA security program for the AACA; or

                     (h)  the AACA has failed to comply with a direction to vary the AACA’s security program under regulation 4.51FD; or

                      (i)  the AACA has failed to comply with a special security direction under section 73 of the Act.

Notice of proposed revocation

             (2)  Before deciding to revoke an AACA’s accreditation under subregulation (1), the Secretary must:

                     (a)  notify the AACA, in writing, of:

                              (i)  the proposed revocation; and

                             (ii)  the reasons for the proposed revocation; and

                     (b)  invite the AACA to:

                              (i)  make a submission as to why the AACA’s accreditation should not be revoked; and

                             (ii)  do so within the period specified in the notice.

             (3)  The period specified in the notice must be at least 14 days commencing on the day the notice is given (the response period).

Decision on revocation

             (4)  In deciding whether to revoke the AACA’s accreditation under subregulation (1), the Secretary must consider any submissions made within the response period.

             (5)  The Secretary must:

                     (a)  notify the AACA, in writing, of the decision; and

                     (b)  do so within 28 days after the end of the response period.

             (6)  If the decision is to revoke the AACA’s accreditation, the notice must include the reasons for the decision.

Deemed decision to revoke

             (7)  If the notice is not given within 28 days after the end of the response period, the Secretary is taken to have decided to revoke the AACA’s accreditation at the end of that period.

             (8)  Paragraph (5)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

When revocation has effect

             (9)  If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.

           (10)  If submissions were made within the response period, the revocation has effect on:

                     (a)  if the AACA was given a notice under subregulation (5)—the day after the AACA was given the notice; or

                     (b)  if the AACA was not given a notice under subregulation (5)—the day after the Secretary is taken, under subregulation (7), to have decided to revoke the AACA’s accreditation.

4.51DC  Automatic revocation if AACA designated as a RACA

Automatic revocation if designated as a RACA

             (1)  The accreditation of a person as an AACA is automatically revoked if the person is subsequently designated as a RACA.

When revocation has effect

             (2)  The revocation has effect on the day the person is designated as a RACA.

4.51E  Secretary’s list of AACAs

             (1)  The Secretary must keep a list of persons accredited as AACAs.

             (2)  The Secretary may publish the list.

Subdivision 4.1A.4AACA security programs

4.51F  Secretary must provide AACA with security program

Security program for persons accredited as AACAs

             (1)  If the Secretary accredits a person as an AACA under regulation 4.49, the Secretary must:

                     (a)  provide the person with an AACA security program that is appropriate for the kind of business that is carried on by the AACA; and

                     (b)  do so at the same time as the notice of the accreditation is given under subregulation 4.49(3).

             (2)  Without limiting subregulation (1), the AACA security program may set out requirements in relation to the following:

                     (a)  measures and procedures to ensure security of the AACA’s facilities;

                     (b)  measures and procedures to ensure security of the AACA’s personnel;

                     (c)  training requirements and procedures for the AACA’s personnel;

                     (d)  measures and procedures for handling cleared cargo;

                     (e)  measures and procedures to ensure the chain of custody for cargo;

                      (f)  measures and procedures for handling high risk cargo;

                     (g)  measures and procedures for oversight of the operation of the measures, procedures and requirements for paragraphs (a) to (f), including quality assurance and incident response.

Security programs for AACAs whose accreditation is renewed

             (3)  The Secretary may provide an AACA whose accreditation as an AACA is renewed under regulation 4.51B with an AACA security program that is appropriate for the kind of business that is carried on by the AACA.

             (4)  However, if:

                     (a)  an AACA’s accreditation is renewed under regulation 4.51B; and

                     (b)  immediately before the AACA’s accreditation was renewed there was an AACA security program in force for the AACA (the original security program); and

                     (c)  the Secretary does not provide the AACA with an AACA security program under subregulation (3);

the original security program continues in force for the AACA.

4.51FA  When an AACA security program is in force

When an AACA security program comes into force

             (1)  An AACA security program for an AACA comes into force at the time specified in the security program.

             (2)  However, if:

                     (a)  the time specified in the security program is earlier than the time at which the security program was given to the AACA; or

                     (b)  no time is specified in the security program as the time when the security program comes into force;

the security program comes into force when the security program is given to the AACA.

AACA security program remains in force for duration of accreditation

             (3)  The security program for the AACA remains in force for so long as the AACA is accredited as an AACA.

4.51FB  Secretary may vary AACA security program

             (1)  If:

                     (a)  an AACA security program is in force for an AACA; and

                     (b)  the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;

the Secretary:

                     (c)  may vary the security program; and

                     (d)  must provide a copy of the varied security program to the AACA.

Note:          The Secretary may also direct the AACA to vary the security program, or the AACA may request the Secretary to vary the security program—see regulations 4.51FD and 4.51FE.

             (2)  The AACA must, within 14 days of receiving the varied security program (the response period):

                     (a)  notify the Secretary, in writing, that the AACA accepts the varied security program; or

                     (b)  request the Secretary, in writing, to amend the varied security program; or

                     (c)  both:

                              (i)  notify the Secretary, in writing, that the AACA rejects the varied security program; and

                             (ii)  request the Secretary to revoke, under regulation 4.51D, the AACA’s accreditation as an AACA.

             (3)  If, within the response period, the AACA notifies the Secretary that the AACA accepts the varied security program, the varied security program comes into force 14 days after the day the AACA notifies the Secretary of the acceptance.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.51FA.

             (4)  If, within the response period, the AACA requests the Secretary to amend the varied security program, the AACA must give the Secretary:

                     (a)  written details of the proposed amendment; and

                     (b)  written reasons why the proposed amendment is being requested.

             (5)  If, within the response period, the AACA does not take any of the actions mentioned in subregulation (2), the varied security program comes into force 14 days after the end of the response period.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.51FA.

4.51FC  Consideration of request to amend AACA security program as varied by the Secretary

             (1)  The Secretary may, in relation to a request made by an AACA, under paragraph 4.51FB(2)(b), to amend a varied AACA security program:

                     (a)  approve the request; or

                     (b)  refuse the request.

Matters to be taken into account

             (2)  In making a decision on the request, the Secretary must take into account the following:

                     (a)  existing circumstances as they relate to aviation security;

                     (b)  the current use of the varied AACA security program (if any) by a business of the kind carried on by the AACA;

                     (c)  the efficient administration of the AACA scheme;

                     (d)  any other matter the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the AACA, in writing, of the decision; and

                     (b)  do so within 14 days of making the decision.

             (4)  If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests

             (5)  If the Secretary approves the request, the Secretary must:

                     (a)  incorporate the amendment into the varied security program; and

                     (b)  provide the varied security program, as amended, to the AACA with the notice under subregulation (3); and

                     (c)  specify in the notice the day on which the varied security program, as amended, comes into force (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.51FA.

Refused requests

             (6)  If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.51FA.

Deemed refusal of request

             (7)  If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made:

                     (a)  the Secretary is taken to have refused the request; and

                     (b)  the varied security program comes into force at the end of the 90 day period.

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.51FA.

             (8)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (7).

4.51FD  Secretary may direct AACAs to vary security programs

             (1)  If:

                     (a)  an AACA security program is in force for an AACA; and

                     (b)  the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;

the Secretary may, by written notice given to the AACA, direct the AACA to vary the security program.

Note:          The Secretary may also vary the security program himself or herself, or the AACA may request the Secretary to vary the security program—see regulations 4.51FB and 4.51FE.

             (2)  In the notice, the Secretary must:

                     (a)  set out the variation; and

                     (b)  specify the period within which the AACA must give the Secretary the security program as varied.

             (3)  If the AACA gives the Secretary the security program:

                     (a)  varied in accordance with the direction; and

                     (b)  within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the AACA, approve the variation. The variation comes into force when the notice is given.

Note 1:       As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.51FA deals with the period for which an AACA security program is in force.

Note 2:       If the AACA does not vary the security program in accordance with the notice the AACA’s accreditation as an AACA may be revoked—see regulation 4.51DB.

4.51FE  AACA may request Secretary to vary AACA security program

             (1)  An AACA may request the Secretary to vary the AACA security program for the AACA.

             (2)  The request must:

                     (a)  be in writing; and

                     (b)  provide details of the proposed variation; and

                     (c)  include reasons why the proposed variation is being requested.

4.51FF  Consideration of request to vary AACA security program

             (1)  The Secretary may, in relation to a request made by an AACA, under subregulation 4.51FE(1), to vary the AACA security program for the AACA:

                     (a)  approve the request; or

                     (b)  refuse the request.

Matters to be taken into account

             (2)  In making a decision on the request, the Secretary must take into account the following:

                     (a)  existing circumstances as they relate to aviation security;

                     (b)  the current use of the AACA security program (if any) by a business of the kind carried on by the AACA;

                     (c)  the efficient administration of the AACA scheme;

                     (d)  any other matter the Secretary considers relevant.

Notice of decision

             (3)  The Secretary must:

                     (a)  notify the AACA, in writing, of the decision; and

                     (b)  do so within 14 days of making the decision.

             (4)  If the decision is to refuse the request, the notice must include the reasons for the decision.

Approved requests

             (5)  If the Secretary approves the request, the Secretary must:

                     (a)  incorporate the variation into the security program; and

                     (b)  provide the varied security program to the AACA with the notice under subregulation (3); and

                     (c)  specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).

Note:          The variation does not affect the period for which the security program is in force—see regulation 4.51FA.

Deemed refusal of request

             (6)  If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period.

             (7)  Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (6).

Subdivision 4.1A.5Offences

4.51G  AACA must comply with security program

             (1)  An AACA commits an offence if:

                     (a)  there is an AACA security program that is currently in force for the AACA; and

                     (b)  the AACA fails to comply with the program.

Penalty:  50 penalty units.

             (4)  Subregulation (1) is an offence of strict liability.

4.51H  Offence—disclosing AACA security program information without consent

                   A person commits an offence if:

                     (a)  the person discloses information; and

                     (b)  the information is about the content of an AACA security program for an AACA; and

                     (c)  the person does not have the consent of the AACA to disclose the information.

Penalty:  50 penalty units.

Subdivision 4.1A.6Other matters

4.51J  Offence—disclosure of information

             (1)  A person commits an offence if:

                     (a)  the person is an aviation industry participant (other than a known consignor, a RACA or an AACA); and

                     (b)  the person discloses to another person details about the airline or flight on which particular cargo will be carried; and

                     (c)  the disclosure is not in accordance with a security program.

Penalty:  50 penalty units.

             (2)  If:

                     (a)  an aviation industry participant (other than a known consignor, a RACA or an AACA) discloses to another person details about the airline or flight on which particular cargo will be carried; and

                     (b)  the disclosure is in accordance with a security program;

the aviation industry participant must:

                     (c)  make a record of the person who is given the airline or flight information; and

                     (d)  keep the record for 90 days.

             (3)  A person commits an offence if the person contravenes subregulation (2).

Penalty:  20 penalty units.

Division 4.2Weapons

4.52  Aviation industry participants authorised to have weapons (not firearms) in possession in secure areas

             (1)  An aviation industry participant is authorised to have a weapon (other than a firearm) in its possession in an airside area or a landside security zone if:

                     (a)  the weapon is a tool of trade; and

                     (b)  the aviation industry participant takes reasonable precautions to ensure that the weapon remains under its control.

             (2)  For paragraph (1)(a), something is a tool of trade if the relevant aviation industry participant requires it for a lawful purpose.

4.53  Persons authorised to have weapons (not firearms) in possession in secure areas

             (1)  Each of the following persons is authorised to have a weapon (not a firearm) in his or her possession in a secure area of an airport:

                     (a)  an officer of Customs;

                     (b)  an air security officer;

                     (c)  a screening officer who is carrying the weapon to or from an aircraft because the weapon:

                              (i)  has been accepted for carriage by the aircraft’s operator; or

                             (ii)  is being removed from the aircraft;

                     (d)  an authorised representative of an airline operator who is carrying the weapon to or from an aircraft because the weapon:

                              (i)  has been accepted for carriage by the aircraft’s operator; or

                             (ii)  is being removed from the aircraft.

             (2)  A person is authorised to have a weapon (other than a firearm) in his or her possession in a secure area if:

                     (a)  the weapon is a tool of trade; and

                     (b)  the person keeps control of the weapon at all times.

             (3)  For paragraph (2)(b), the person ceases to have control of the weapon if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.

             (4)  For paragraph (2)(a) and subregulation (3), something is a tool of trade if:

                     (a)  the person whose possession it is in requires it for the purpose for which he or she is in the relevant area or zone; and

                     (b)  the purpose is lawful.

4.54  Persons authorised to have firearms in possession in airside areas

             (1)  Each of the following persons is authorised to have a firearm in his or her possession in an airside area of an airport:

                     (a)  a person who:

                              (i)  with the consent of the airport operator, is engaged in controlling wildlife or other animals on the airport; and

                             (ii)  if the airport is an airport from which a regular public transport operation operates—properly displays a valid ASIC; and

Note:          The requirement to display an ASIC does not apply to security regulated airports that do not have regular public transport operations, see subregulation 3.03(4).

                            (iii)  holds, and has on his or her person, a firearms licence, validly issued under the law of the State or Territory in which the airport is located, for the firearm; and

                            (iv)  if a licence or permission is required under the law of the State or Territory for the person to shoot wildlife or animals on the airport, holds, and has on his or her person, such a licence or permission;

                     (b)  a uniformed member of the staff of a private security contractor who:

                              (i)  with the consent of the airport operator, is in an armoured vehicle, or is facilitating the movement of, an armoured vehicle that displays the contractor’s livery, or a vehicle that is accompanying such a vehicle and also displays the contractor’s livery; and

                             (ii)  if the airport is an airport from which a regular public transport operation operates—properly displays a valid ASIC; and

Note:          The requirement to display an ASIC does not apply to security regulated airports that do not have regular public transport operations, see subregulation 3.03(4).

                            (iii)  holds, and has on his or her person, a firearms licence, validly issued under the law of the State or Territory in which the airport is located, for the firearm; and

                            (iv)  if required by State or Territory legislation—holds, and has on his or her person, a valid 1A Security Guard licence issued under the law of the State or Territory; and

                             (v)  stays close to at least 1 other uniformed member of the staff of the contractor;

                     (c)  a screening officer who is carrying the firearm to or from an aircraft because the firearm:

                              (i)  has been accepted for carriage by the aircraft’s operator; or

                             (ii)  is being removed from the aircraft;

                     (d)  an authorised representative of an airline operator who is carrying the firearm to or from an aircraft because the firearm:

                              (i)  has been accepted for carriage by the aircraft’s operator; or

                             (ii)  is being removed from the aircraft;

                     (e)  an officer of Customs;

                      (f)  an air security officer.

             (2)  A person (other than a person referred to in paragraph (1)(c), (d), (e) or (f)) in an airside area of an airport who is carrying a firearm, or has a firearm close by and under his or her control, must, on demand by a law enforcement officer, an aviation security inspector or a representative of the airport operator or an airline operator, immediately show the law enforcement officer, aviation security inspector or representative:

                     (a)  the person’s firearms licence; and

                     (b)  if the person is a person referred to in paragraph (1)(b), the person’s security guard licence; and

                     (c)  if the person is a person referred to in paragraph (1)(a), and the law of the State or Territory requires the person to hold a licence or permission referred to in subparagraph (1)(a)(iv)—that licence or permission.

Penalty:  20 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

Note:          This regulation does not authorise a person to have a firearm in his or her possession in a land side security zone, including a sterile area. For the carriage of firearms in the sterile area, see the Act, section 46.

4.55  Persons authorised to carry weapons through screening points

                   The following persons are authorised to carry a weapon through a screening point:

                     (a)  a screening officer on duty, or an employee or contractor of the airport operator or the operator of a screened aircraft (being an employee or contractor who is on duty), if:

                              (i)  the weapon has been detected during screening; and

                             (ii)  the weapon is to be stored until it is handed over in accordance with regulation 4.57; and

                            (iii)  to reach the place where the weapon is to be stored or released, the weapon must be carried through the screening point; and

                            (iv)  the weapon is carried in such a way that its presence is not apparent to members of the public;

                     (b)  a screening officer on duty, or an employee or a contractor of the airport operator or the operator of a screened aircraft (being an employee or contractor who is on duty), if:

                              (i)  the weapon has been surrendered for the purpose of being carried in the hold of the aircraft; and

                             (ii)  the aircraft operator has agreed to carry the weapon in the hold of the aircraft; and

                            (iii)  to reach the place where the weapon is to be checked in or to be loaded onto the aircraft, the weapon must be carried through the screening point; and

                            (iv)  the weapon is carried in such a way that its presence is not apparent to members of the public;

                     (c)  an aviation security inspector on duty, or a representative of the screening authority, who is lawfully testing the screening system.

Note 1:       This regulation does not authorise the carrying of a weapon through the sterile area, see the Act, section 46.

Note 2:       If a weapon has been surrendered for the purpose of being carried on an international aircraft as checked baggage, and the airline operator is not sure whether carriage of the weapon constitutes an offence of unlawful export under the Customs Act 1901, the airline operator should refer the matter to an officer of Customs before loading the weapon on the aircraft.

4.56  Persons authorised to have firearms in possession in sterile areas

                   An air security officer is authorised to have a firearm in his or her possession in a sterile area.

4.57  Dealing with weapons surrendered at security controlled airports

             (1)  This regulation sets out how to deal with a weapon surrendered by a person at a security controlled airport.

             (2)  A weapon surrendered at a security controlled airport is to be stored and handled in accordance with any other applicable Commonwealth law or any applicable State or Territory law.

4.58  Dealing with weapons surrendered etc on aircraft

             (1)  This regulation sets out how to deal with a weapon surrendered by a person on a prescribed aircraft.

             (2)  If the person to whom the weapon is surrendered knows or suspects that the carriage of the weapon is an offence, he or she must cause the weapon to be handed over to a law enforcement officer in accordance with the law of the Commonwealth or a State or Territory as soon as practicable after the end of the flight.

             (3)  Until the weapon is handed over as required by subregulation (2), it must be stored in such a way that its presence is not apparent to passengers.

4.59  Persons authorised to have weapons in possession on prescribed aircraft

             (1)  An air security officer is authorised to have a weapon in his or her possession on board a prescribed aircraft.

             (2)  A representative of the operator of a prescribed aircraft is authorised to possess a weapon on board the aircraft if:

                     (a)  the weapon has been surrendered on board the aircraft; and

                     (b)  the weapon is to be handed over to a law enforcement officer in accordance with the law of the Commonwealth or a State or Territory; and

                     (c)  the weapon is to be stored until it is handed over; and

                     (d)  the weapon is stored in such a way that its presence is not apparent to passengers.

             (3)  A person is authorised to have a weapon (other than a firearm) in his or her possession on a prescribed aircraft if:

                     (a)  the weapon is a tool of trade; and

                     (b)  the person keeps control of the weapon at all times.

             (4)  For paragraph (3)(b), the person ceases to have control of the weapon if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.

             (5)  For paragraph (3)(a) and subregulation (4), something is a tool of trade if:

                     (a)  the person whose possession it is in requires it for the purpose for which he or she is in a prescribed aircraft; and

                     (b)  the purpose is lawful.

4.59A  Persons authorised to use firearms on prescribed aircraft

             (1)  For subsection 52(1) of the Act, an air security officer is authorised to use a firearm on board a prescribed aircraft if the use of the firearm is necessary to safeguard against unlawful interference with aviation.

             (2)  This regulation has extra‑territorial application under subsection 134(1) of the Act in relation to prescribed aircraft that are:

                     (a)  Australian aircraft; or

                     (b)  aircraft (other than Australian aircraft) engaged in Australian international carriage;

while the aircraft are outside Australian territory.

Division 4.3Prohibited items

4.60  Prescription of sterile area

                   The sterile area of a security controlled airport is prescribed for the purposes of paragraphs 54(1)(aa) and (3)(aa) of the Act.

4.61  Aviation industry participants authorised to have prohibited items in possession in sterile areas

             (1)  An aviation industry participant is authorised to have a prohibited item in its possession in the sterile area if:

                     (a)  the item is a tool of trade; and

                     (b)  the aviation industry participant takes reasonable precautions to ensure that the item remains under its control.

             (2)  For paragraph (1)(a), something is a tool of trade if the relevant aviation industry participant requires it for a lawful purpose.

4.62  Persons authorised to have prohibited items that are tools of trade in possession in sterile areas

             (1)  A person (other than a person who is an aviation industry participant) described in an item of the following table is authorised to have a prohibited item in his or her possession in the sterile area if:

                     (a)  any limitations specified in the item are met; and

                     (b)  the item is a tool of trade in relation to the person; and

                     (c)  the person keeps control of the item at all times.

Column 1
Item

Column 2
Person

Column 3
Limitations

1

An employee of an aviation industry participant who occupies or controls an area of a security controlled airport, or an employee of a contractor to such an aviation industry participant

In an area which the participant occupies or controls

2

An employee of the operator of a security controlled airport

3

An employee of a contractor to the operator of a security controlled airport

4

An employee of an operator of a prescribed air service

5

An employee of a contractor to an operator of a prescribed air service

6

An officer of Customs, a biosecurity official or an officer of the Immigration Department, on duty at the airport concerned

7

An officer of a fire service, rescue service or ambulance service, or a medical practitioner, attending at an emergency at the airport

8

A medical practitioner or paramedic attending a person who suffers from a medical condition

             (2)  For paragraph (1)(c), a person ceases to have control of an item if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.

             (3)  For paragraph (1)(b) and subregulation (2), something is a tool of trade if:

                     (a)  the person whose possession it is in requires it for the purpose for which he or she is in the sterile area; and

                     (b)  the purpose is lawful.

             (4)  A person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in the sterile area if:

                     (a)  the item is medically necessary for the purpose of treating the condition; and

                     (b)  the person shows a screening officer a medical certificate to that effect.

             (5)  A person who is caring for another person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in the sterile area if:

                     (a)  the item is medically necessary for the purpose of treating the condition; and

                     (b)  the person shows a screening officer a medical certificate to that effect.

4.63  Persons authorised to have prohibited items in possession in sterile areas

             (1)  An air security officer is authorised to have a prohibited item in his or her possession in a sterile area.

             (2)  A person escorting a person in custody is authorised to have a prohibited item in his or her possession in the sterile area if the item is reasonably necessary in connection with the escort.

4.64  Persons authorised to carry prohibited items through screening point

             (1)  A screening officer on duty, or an employee of, or a contractor to, the operator of a screened aircraft (being an employee or contractor who is on duty) is authorised to carry a prohibited item through a screening point if:

                     (a)  the item has been detected during screening; and

                     (b)  the item is to be stored until it is disposed of; and

                     (c)  to reach the place where the item is to be stored, it must be carried through the screening point; and

                     (d)  the item is carried in such a way that its presence is not apparent to members of the public.

             (2)  A screening officer on duty, or an employee of, or a contractor to, the operator of a screened aircraft (being an employee or contractor who is on duty) is authorised to carry a prohibited item through a screening point if:

                     (a)  the item has been surrendered for the purpose of being carried in the hold of the aircraft; and

                     (b)  the aircraft operator has agreed to carry the item in the hold of the aircraft; and

                     (c)  to reach the place where the item is to be loaded onto the aircraft, the item must be carried through the screening point; and

                     (d)  the item is carried in such a way that its presence is not apparent to members of the public.

             (3)  A person escorting a person in custody is authorised to carry a prohibited item through a screening point if the item is reasonably necessary in connection with the escort.

             (4)  A person who suffers from a medical condition is authorised to carry a prohibited item through a screening point if:

                     (a)  the item is medically necessary for the purpose of treating the condition; and

                     (b)  the person shows a screening officer, or a representative of the screening authority, a medical certificate to that effect.

             (5)  A person who is caring for another person who suffers from a medical condition is authorised to carry a prohibited item through a screening point if:

                     (a)  the item is medically necessary for the purpose of treating the condition; and

                     (b)  the person shows a screening officer, or a representative of the screening authority, a medical certificate to that effect.

4.65  Persons authorised to have prohibited items in possession on prescribed aircraft

             (1)  An air security officer is authorised to have a prohibited item in his or her possession on board a prescribed aircraft.

             (2)  An officer of Customs is authorised to have a prohibited item in his or her possession on board a prescribed aircraft if the officer is undertaking duties in accordance with the Customs Act 1901.

             (3)  A representative of the operator of a prescribed aircraft is authorised to possess a prohibited item on board the aircraft if:

                     (a)  the item has been surrendered on board the aircraft; and

                     (b)  the item is to be stored; and

                     (c)  the item is stored in such a way that its presence is not apparent to passengers.

             (4)  A person is authorised to have a prohibited item in his or her possession in a prescribed aircraft if:

                     (a)  the prohibited item is a tool of trade; and

                     (b)  the person keeps control of the prohibited item at all times.

             (5)  For paragraph (4)(b), the person ceases to have control of the prohibited item if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.

             (6)  For paragraph (4)(a) and subregulation (5), something is a tool of trade if:

                     (a)  the person whose possession it is in requires it for the purpose for which he or she is in a prescribed aircraft; and

                     (b)  the purpose is lawful.

             (7)  A person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in a prescribed aircraft if:

                     (a)  the item is medically necessary for the purpose of treating the condition; and

                     (b)  the person shows a representative of the aircraft operator a medical certificate to that effect.

             (8)  A person who is caring for another person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in a prescribed aircraft if:

                     (a)  the item is medically necessary for the purpose of treating the condition; and

                     (b)  the person shows a representative of the aircraft operator a medical certificate to that effect.

Division 4.4On‑board security

4.66  Management and control of passengers

             (1)  The operator of a domestic regular public transport operation or domestic open charter operation or international regular public transport operation or international open charter operation must carry on board an aircraft enough restraining devices to permit the restraint of at least 2 passengers.

Penalty:  5 penalty units.

             (2)  The restraining devices must be stored on the aircraft in a place that:

                     (a)  is readily accessible to the aircraft’s crew; and

                     (b)  is not visible nor readily accessible to the aircraft’s passengers.

Penalty:  5 penalty units.

4.67  Security of flight crew compartment—all aircraft

             (1)  This regulation applies to an aircraft that is used to operate a prescribed air service.

             (2)  If such an aircraft has a cockpit door:

                     (a)  the door must be able to be locked; and

                     (b)  there must be a means for the cabin crew to communicate with the flight crew while the door is locked.

             (3)  If the aircraft has a cockpit door, the door must remain locked from the time the aircraft’s passenger doors are closed and secured for departure until they are unlocked to allow the passengers to disembark, except:

                     (a)  when necessary to allow a person to enter or leave the cockpit; or

                     (b)  when otherwise necessary for safety reasons.

             (4)  A person must not be allowed to enter the cockpit after the aircraft has taken off unless:

                     (a)  he or she is authorised to do so by the aircraft’s pilot in command or the aircraft’s operator and:

                              (i)  is a member of the aircraft’s crew; or

                             (ii)  is an employee of the aircraft’s operator; or

                            (iii)  is authorised or required by the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 to enter the cockpit; and

                     (b)  he or she holds appropriate identification as a person referred to in paragraph (a).

             (5)  If subregulation (2), (3) or (4) is contravened, the operator of the aircraft concerned commits an offence.

Penalty:  200 penalty units.

             (6)  A contravention of subregulation (5) is an offence of strict liability.

             (7)  It is a defence to a charge of contravening subregulation (2) or (3) that the aircraft concerned:

                     (a)  had a faulty door lock, or that the door lock became faulty during flight; and

                     (b)  was being returned to a place at which the lock could be repaired.

             (8)  If an operator is returning an aircraft with a faulty door lock to a place at which the lock can be repaired, the operator of the aircraft must inform the Secretary, as soon as practicable, of:

                     (a)  the flight; and

                     (b)  the measures taken to ensure that the cockpit of the aircraft is secure during the flight.

Penalty:  50 penalty units.

4.68  Additional requirements for security of flight crew compartment—aircraft with seating capacity 30 or more

             (1)  This regulation applies in relation to an aircraft operated for the purposes of a regular public transport operation or an open charter operation (in each case, whether a domestic or an international air service).

             (2)  The operator of an aircraft that has a certificated maximum passenger seating capacity of 30 to 59 must not operate the aircraft unless the aircraft is equipped with a cockpit door that is:

                     (a)  designed to resist forcible intrusion by unauthorised persons; and

                     (b)  capable of withstanding impacts of at least 300 joules at critical locations; and

                     (c)  capable of withstanding at least 1113 newtons constant tensile load on the knob or handle; and

                     (d)  designed to resist penetration by small arms fire and fragementation devices to a level equivalent to level IIIa of the United States National Institute of Justice Standard (NIJ) 0101.04 Revision A, as in force on 15 January 2002.

Penalty:  50 penalty units.

             (3)  The operator of an aircraft that has a certificated maximum passenger seating capacity of 60 or more must not operate the aircraft unless the aircraft is equipped with a cockpit door that complies with section 13.2.2 of Annex 6, Operation of Aircraft, to the Chicago Convention, as in force on 28 November 2002.

Penalty:  50 penalty units.

Note:          The section is as follows:

‘13.2.2       From 1 November 2003, all passenger‑carrying aeroplanes of a maximum certificated take‑off mass in excess of 45 500 kg or with a passenger seating capacity greater than 60 shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small‑arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorized persons. This door shall be capable of being locked and unlocked from either pilot’s station.’.

             (4)  A contravention of subregulation (2) or (3) is an offence of strict liability.

             (5)  The Secretary may, by instrument in writing, exempt an operator of a specified aircraft from compliance with subregulation (2) or (3).

4.69  Pre‑flight security checks

             (1)  Before an aircraft operates a prescribed air service, its operator must ensure that a pre‑flight security check of the aircraft is carried out in accordance with subregulations (2), (3), (4) and (5):

                     (a)  if the flight is the aircraft’s first flight since returning to service after maintenance carried out outside the airside area of a security controlled airport; or

                     (b)  unless, since the aircraft’s previous flight, it has been continuously protected, in the way set out in the operator’s TSP, from unauthorised access.

Penalty:  50 penalty units.

             (2)  The checks must include:

                     (a)  a comprehensive inspection of the interior of the aircraft, including the passenger cabin, seats, overhead baggage lockers, toilets, catering and food preparation areas, flight deck and crew rest stations, and cargo hold; and

                     (b)  an inspection of any unlocked storage facilities in a part of the aircraft mentioned in paragraph (a); and

                     (c)  an inspection of the parts of the aircraft’s exterior that are reasonably accessible.

             (3)  The check of the cargo holds must be done before any cargo is loaded.

             (4)  The check of the passenger cabin must be done before any passenger boards the aircraft.

             (5)  The check of the baggage compartments must be done before any baggage is loaded.

4.70  Training programs

             (1)  The operator of a prescribed air service must establish and maintain a training program in accordance with subregulation (2).

Penalty:  50 penalty units.

             (2)  There must be a program for crew that provides training in:

                     (a)  deciding the seriousness of an occurrence; and

                     (b)  crew communication and coordination; and

                     (c)  appropriate self‑defence; and

                     (d)  the use of non‑lethal protective devices, to the extent permitted by law; and

                     (e)  understanding the behaviour of terrorists; and

                      (f)  exercises simulating threatening situations; and

                     (g)  flight deck procedures to protect the aircraft; and

                     (h)  procedures for searching the aircraft; and

                      (i)  least‑risk bomb locations for aircraft.

4.71  Unattended aircraft—aircraft operating prescribed air service

                   If an aircraft that is operated for the purposes of a prescribed air service is not under the continuous supervision of a person authorised by its operator for that purpose, its operator must take reasonable measures to prevent an unauthorised person having access to the aircraft.

Penalty:  50 penalty units.

4.72  Unattended aircraft

             (1)  In this regulation:

Australian aircraft has the same meaning as in the Civil Aviation Act 1988.

             (2)  There must be reasonable measures taken to protect an Australian aircraft that is a powered aircraft (other than an aircraft to which regulation 4.71 applies) against being flown by an unauthorised person.

             (3)  For subregulation (2), reasonable measures include, for example:

                     (a)  wheel locks or clamps; or

                     (b)  lockable control locks; or

                     (c)  the aircraft being chained or padlocked to a permanent tie‑down point; or

                     (d)  the aircraft being inside a locked hangar.

             (4)  The measures taken:

                     (a)  must be reasonably effective to prevent the aircraft being flown by an unauthorised person; and

                     (b)  must be discernible from outside the aircraft; and

                     (c)  must not compromise the aircraft’s safety.

             (5)  If subregulation (2) or (4) is contravened, the registered operator (within the meaning given by the Civil Aviation Safety Regulations 1998) of the aircraft concerned is guilty of an offence.

Penalty:  50 penalty units.

Division 4.5Movement of persons in custody

Subdivision 4.5.1Movement of persons in custody—preliminary

4.73  Definitions

                   In this Division:

approved form means a form approved under regulation 4.90.

custodial agency, for a person in custody, means:

                     (a)  for a person in custody to whom Subdivision 4.5.2 applies—the Immigration Department; or

                     (b)  for a person in custody to whom Subdivision 4.5.3 applies—the enforcement agency for the person within the meaning of regulation 4.83(1).

dangerous:

                     (a)  for a person in custody to whom Subdivision 4.5.2 applies—has the meaning given by subregulation 4.75(1); and

                     (b)  for a person in custody to whom Subdivision 4.5.3 applies—has the meaning given by subregulation 4.83(2).

non‑standard movement, in relation to a flight of a prescribed aircraft, has the meaning given by regulation 4.88.

supervised departure, in relation to a person, means the unescorted departure from Australia of the person, where:

                     (a)  the person is not an Australian citizen; and

                     (b)  the person is cooperating in the departure process; and

                     (c)  until he or she departs from Australia, the person is:

                              (i)  in immigration detention; and

                             (ii)  under the supervision of an officer under the Migration Act.

Subdivision 4.5.2Movement of persons in custody under the Migration Act

4.74  Application of this Subdivision

             (1)  This Subdivision applies in relation to the travel, on a prescribed aircraft, of persons in custody under the Migration Act.

             (2)  This Subdivision does not apply to or in relation to:

                     (a)  a person who is in custody because that person has been taken into custody (otherwise than under the Migration Act) at a security controlled airport, or on a prescribed aircraft; or

                     (b)  the departure of a person who has been refused entry at an airport and leaves Australia within 72 hours; or

                     (c)  the departure from Australia of a person who holds a bridging visa (within the meaning of the Migration Act), and whose departure is monitored by the Immigration Department.

4.75  Meaning of dangerous for this Subdivision

             (1)  In this Subdivision, a person in custody is dangerous if:

                     (a)  the Immigration Department has assessed him or her as being:

                              (i)  likely to attempt to commit an unlawful interference with aviation; or

                             (ii)  likely to attempt to escape; or

                     (b)  the Immigration Department is aware that:

                              (i)  the person has been charged with an offence involving violence against a person or serious damage to property; and

                             (ii)  the charge is still to be resolved; or

                     (c)  the Immigration Department is aware that the person has been convicted of an offence involving violence against a person or serious damage to property.

             (2)  For the purposes of subparagraph (1)(b)(ii), a charge for an offence is resolved in relation to a person at the later of the following times:

                     (a)  when:

                              (i)  the charge is withdrawn; or

                             (ii)  the charge is dismissed; or

                            (iii)  the person is not committed on the charge following a committal hearing; or

                            (iv)  the person is acquitted of the offence; or

                             (v)  the person is sentenced for the offence; or

                            (vi)  the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or

                           (vii)  the charge is otherwise finally dealt with;

                     (b)  if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;

                     (c)  if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined.

Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.

             (3)  Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914.

Note:          Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

4.76  Provision of information to operator of prescribed air service—supervised departures

             (1)  This regulation applies in relation to a flight of a prescribed aircraft if:

                     (a)  the aircraft is being used for a prescribed air service; and

                     (b)  a person in custody is to be a passenger on the flight; and

                     (c)  the person is undertaking the flight for the purposes of a supervised departure.

             (2)  The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.

             (3)  A notice under this regulation must:

                     (a)  be in the approved form; and

                     (b)  include the information required by the form; and

                     (c)  be given not later than:

                              (i)  6 hours before the intended start of the flight; or

                             (ii)  if a later time is agreed to by the operator—that later time.

4.77  Provision of information to operator of prescribed air service—escorted domestic travel maintaining immigration detention

             (1)  This regulation applies in relation to a flight of a prescribed aircraft if:

                     (a)  the aircraft is being used for a prescribed air service; and

                     (b)  a person in custody is to be a passenger on the flight; and

                     (c)  the person:

                              (i)  is in immigration detention; and

                             (ii)  will be escorted on the flight; and

                            (iii)  is not dangerous; and

                     (d)  the flight is a domestic air service; and

                     (e)  the person is not undertaking the flight for the purposes of a supervised departure.

             (2)  The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.

             (3)  A notice under this regulation must:

                     (a)  be in the approved form; and

                     (b)  include the information required by the form; and

                     (c)  be given not later than:

                              (i)  24 hours before the intended start of the flight; or

                             (ii)  if a later time is agreed to by the operator—that later time.

4.78  Provision of information to operator of prescribed air service—escorted international travel by non‑dangerous persons

             (1)  This regulation applies in relation to a flight of a prescribed aircraft if:

                     (a)  the aircraft is being used for a prescribed air service; and

                     (b)  a person in custody is to be a passenger on the flight; and

                     (c)  the person:

                              (i)  will be escorted on the flight; and

                             (ii)  is not dangerous; and

                     (d)  the flight is an international air service.

             (2)  The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.

             (3)  A notice under this regulation must:

                     (a)  be in the approved form; and

                     (b)  include the information required by the form; and

                     (c)  be given not later than:

                              (i)  48 hours before the intended start of the flight; or

                             (ii)  if a later time is agreed to by the operator—that later time.

4.79  Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel by dangerous persons

             (1)  This regulation applies in relation to a flight of a prescribed aircraft if:

                     (a)  the aircraft is being used for a prescribed air service; and

                     (b)  a person in custody is to be a passenger on the flight; and

                     (c)  the person:

                              (i)  will be escorted on the flight; and

                             (ii)  is dangerous.

             (2)  The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.

             (3)  A notice under subregulation (2) must:

                     (a)  be in the approved form; and

                     (b)  include the information required by the form; and

                     (c)  be given not later than:

                              (i)  48 hours before the intended start of the flight; or

                             (ii)  if a later time is agreed to by the operator—that later time.

             (4)  If the operator of the prescribed air service endorses the operator’s consent on the notice, the Immigration Department must:

                     (a)  ensure that a copy of the endorsed notice is sent to the operator of each security controlled airport through which the person will travel; and

                     (b)  do so not later than:

                              (i)  12 hours before the person’s intended arrival at the airport; or

                             (ii)  if a later time is agreed to by the operator of the security controlled airport—that later time.

4.80  Escort arrangements for flights involving movements of non‑dangerous persons

             (1)  This regulation applies in relation to a flight of a prescribed aircraft if:

                     (a)  the aircraft is being used for a prescribed air service; and

                     (b)  a person in custody is to be a passenger on the flight; and

                     (c)  the person is not dangerous.

             (2)  Such a person, or 2 or more such persons, must be escorted, unless the Immigration Department and the operator of the prescribed air service agree that the person or persons be unescorted.

             (3)  If the person or persons are escorted, there is no set number of escorts required.

4.81  Provision of information to prescribed aircraft’s pilot in command

                   The operator of a prescribed air service on which a person in custody is to be carried must notify the prescribed aircraft’s pilot in command of the following before the aircraft’s departure:

                     (a)  that a person in custody is to be carried on the aircraft;

                     (b)  the conditions under which the person is to be carried.

Subdivision 4.5.3Movement of persons in custody other than under the Migration Act

4.82  Application of this Subdivision

             (1)  This Subdivision applies in relation to the travel, on a prescribed aircraft, of persons in custody under a law other than the Migration Act.

             (2)  This Subdivision does not apply to or in relation to a person who is in custody because that person has been taken into custody at a security controlled airport, or on a prescribed aircraft.

4.83  Definitions for this Subdivision

             (1)  In this Subdivision:

enforcement agency means:

                     (a)  in the case of a person being moved from one custodial facility to another—the agency responsible for the custodial facility from which the person is being moved; or

                     (b)  in the case of a person in custody under the Fisheries Management Act 1991:

                              (i)  if the person who has the person in custody is an officer of Customs (within the meaning of the Customs Act 1901)—the Immigration Department; or

                             (ii)  if the person who has the person in custody is a member or special member of the Australian Federal Police—the Australian Federal Police; or

                            (iii)  if the person who has the person in custody is a member of the police force or police service of a State or Territory—the police force; or

                            (iv)  if the person who has the person in custody is a member of Australian Defence Force—the Australian Defence Force; or

                             (v)  in any other case—the Australian Fisheries Management Authority; or

                     (c)  in the case of a person (other than a person described in paragraph (a)) in custody under an Act other than the Fisheries Management Act 1991—the Australian Federal Police or the police force or police service of a State or Territory; or

                     (d)  in the case of a person (other than a person described in paragraph (a)) in custody under a law of a State or Territory—the police force or police service of the State or Territory.

             (2)  In this Subdivision, a person in custody is dangerous if:

                     (a)  the enforcement agency that has the person in custody (the relevant enforcement agency) has assessed him or her as being:

                              (i)  likely to attempt to commit an unlawful interference with aviation; or

                             (ii)  likely to attempt to escape; or

                     (b)  the person has been charged with an offence that:

                              (i)  is an offence against a person or involving actual or threatened damage to property; and

                             (ii)  is punishable by imprisonment for 5 years or more; and

                            (iii)  the charge is still to be resolved; or

                     (c)  the person has been convicted of an offence that:

                              (i)  is an offence against a person or involving actual or threatened damage to property; and

                             (ii)  the offence is punishable by imprisonment for 5 years or more.

             (3)  For the purposes of subparagraph (2)(b)(iii), a charge for an offence is resolved in relation to a person at the later of the following times:

                     (a)  when:

                              (i)  the charge is withdrawn; or

                             (ii)  the charge is dismissed; or

                            (iii)  the person is not committed on the charge following a committal hearing; or

                            (iv)  the person is acquitted of the offence; or

                             (v)  the person is sentenced for the offence; or

                            (vi)  the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or

                           (vii)  the charge is otherwise finally dealt with;

                     (b)  if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;

                     (c)  if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined.

Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.

             (4)  Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914.

Note:          Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

4.84  Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel

             (1)  This regulation applies in relation to a flight of a prescribed aircraft if:

                     (a)  the aircraft is being used for a prescribed air service; and

                     (b)  a person in the custody of an enforcement agency is to be a passenger on the flight; and

                     (c)  the person will be escorted on the flight.

             (2)  The enforcement agency must give the operator of the prescribed air service a written notice relating to the person.

             (3)  A notice under subregulation (2) must:

                     (a)  be in the approved form; and

                     (b)  include the information required by the form; and

                     (c)  be given not later than:

                              (i)  48 hours before the intended start of the flight; or

                             (ii)  if a later time is agreed to by the operator—that later time.

             (4)  If:

                     (a)  the person in custody is dangerous; and

                     (b)  the operator of the prescribed air service endorses the operator’s consent on the notice;

the enforcement agency must:

                     (c)  ensure that a copy of the endorsed notice is sent to the operator of each security controlled airport through which the person will travel; and

                     (d)  do so not later than:

                              (i)  12 hours before the person’s arrival at the airport; or

                             (ii)  if a later time is agreed to by the operator of the security controlled airport—that later time.

4.85  Escort arrangements for flights involving movements of non‑dangerous persons

             (1)  This regulation applies in relation to a flight of a prescribed aircraft if:

                     (a)  the aircraft is being used for a prescribed air service; and

                     (b)  a person in custody is to be a passenger on the flight; and

                     (c)  the person is not dangerous.

             (2)  Such a person, or 2 or more such persons, must be escorted, unless the enforcement agency that has the person or persons in custody and the operator of the prescribed air service agree that the persons be unescorted.

             (3)  If the person or persons are escorted, there is no set number of escorts required.

4.86  Provision of information to prescribed aircraft’s pilot in command

                   The operator of a prescribed air service on which a person in custody is to be carried must notify the prescribed aircraft’s pilot in command of the following before the aircraft’s departure:

                     (a)  that a person in custody is to be carried on the aircraft;

                     (b)  the conditions under which the person is to be carried.

Subdivision 4.5.4Movement