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Aviation Transport Security Regulations 2005

Authoritative Version
  • - F2018C00880
  • In force - Superseded Version
  • View Series
SLI 2005 No. 18 Regulations as amended, taking into account amendments up to Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018
These Regulations provide the detail necessary for the regulatory framework established by the Aviation Transport Security Act 2004 to operate as intended.
Administered by: Home Affairs
Registered 05 Dec 2018
Start Date 27 Nov 2018
End Date 18 Dec 2018

Commonwealth Coat of Arms of Australia

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. 54

Compilation date:                              27 November 2018

Includes amendments up to:            F2018L01603

Registered:                                         5 December 2018

 

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 27 November 2018 (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—access control and screening for security restricted areas at designated airports                                             18

2.19                        What airport operator’s TSP must contain—cargo facilities with direct access to airside                                                                                                       19

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                                                                                                20

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—access control and screening for security restricted areas at designated airports                                             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                27

2.38                        What aircraft operator’s TSP must contain—passenger and checked baggage reconciliation                                                                                                       27

2.39                        What aircraft operator’s TSP must contain—security of aircraft    27

2.40                        What aircraft operator’s TSP must contain—security of aircraft cleaning operations and stores                                                                                              28

2.41                        What aircraft operator’s TSP must contain—security of cargo etc 28

2.42                        What aircraft operator’s TSP must contain—security of documents 28

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                                                                                                       29

Division 2.6—Airservices Australia                                                                                30

2.75                        Definition for Division—AA                                                          30

2.76                        What this Division does                                                                 30

2.77                        Scope of AA’s TSP                                                                       30

2.78                        What AA’s TSP must contain—outline                                         30

2.79                        What AA’s TSP must contain—procedures for managing security etc    30

2.80                        What AA’s TSP must contain—procedures for quality control     31

2.81                        What AA’s TSP must contain—details of AA’s operations          31

2.82                        What AA’s TSP must contain—physical security and access control      32

2.83                        What AA’s TSP must contain—control of firearms, other weapons and prohibited items                                                                                                       32

2.84                        Measures for heightened security alert                                           32

2.85                        What AA’s TSP must contain—control directions                        33

2.86                        What AA’s TSP must contain—personnel with particular security roles 33

Part 3—Airport areas and zones                                                                                            34

Division 3.1A—Security controlled airports—categories                                   34

3.01A                     Definitions                                                                                     34

3.01B                      Categories of security controlled airports                                       34

3.01C                      Criteria to be considered by Secretary                                            35

Division 3.1—Establishment of areas and zones                                                      37

3.01                        Type of airside security zone                                                          37

3.02                        Types of landside security zones                                                    37

3.02A                     Type of airside event zones                                                            37

3.02B                      Type of landside event zones                                                         37

Division 3.2—Control of secure areas—use of ASICs etc                                  38

Subdivision 3.2.1—Display and use of ASICs, VICs and TACs in secure areas    38

3.03                        Requirement to display ASICs in secure areas                               38

3.04                        Supervision and control while embarking and disembarking etc    39

3.05                        Crew of foreign and state aircraft etc                                              39

3.06                        Members of a defence force                                                           39

3.07                        Persons facilitating movement of cargo or passengers                   40

3.07A                     Persons attending baggage make‑up areas                                     41

3.07B                      Minors exempt from requirement to display ASIC                        41

3.08                        Persons exempted by Secretary from requirement to display ASIC 41

3.09                        Persons who display valid VICs or TACs                                     42

3.10                        Other cards not to be used as red ASICs, grey ASICs, VICs or TACs   43

3.11                        Entry to secure area to be for lawful purposes only                       43

Subdivision 3.2.2—Display and use of ASICs, VICs and TACs outside secure areas    43

3.12                        Persons facilitating passenger check‑in or baggage handling outside secure areas   43

Division 3.3—Control of airside areas and zones—physical security          44

Subdivision 3.3.1—Preliminary                                                                                       44

3.13                        Definitions for Division                                                                 44

3.14                        Common boundaries of airside areas and security restricted areas—requirements for signs                                                                                                       46

Subdivision 3.3.1A—Requirements for airside area of all security controlled airports             47

3.15                        Requirements for airside generally                                                 47

3.15A                     Alternative requirements relating to signs for airside areas            48

Subdivision 3.3.2—Additional requirements for security restricted areas not at designated airports                                                                                                                     49

3.16                        Additional requirements for security restricted areas not at designated airports       49

Subdivision 3.3.3—Additional requirements for security restricted areas at designated airports                                                                                                                     50

3.16A                     Purpose and application of Subdivision                                         50

3.16B                      Entry to security restricted areas at designated airports to be through access control points                                                                                                       50

3.16C                      Responsibility for ensuring security restricted areas at designated airports can only be entered by certain persons and vehicles                                                      51

3.16D                     Responsibility for controlling entry to security restricted areas at designated airports through access control points                                                                      52

3.16E                      Responsibility for screening for security restricted areas at designated airports       54

3.16F                      Offences relating to screening for security restricted areas at designated airports    55

3.16G                     Signs at boundaries of security restricted areas at designated airports      56

3.16H                     Airside security awareness training for security restricted areas at designated airports                                                                                                       57

3.16J                       Record‑keeping requirements                                                         58

Subdivision 3.3.4—Offences relating to airside areas and zones of all security controlled airports                                                                                                                     59

3.17                        Offences relating to entry to airside areas and airside security zones of security controlled airports                                                                                           59

Subdivision 3.3.5—Emergency Access                                                                            60

3.18                        Access by emergency personnel                                                    60

Division 3.4—Control of landside areas and zones—physical security       61

3.19                        Definitions for Division                                                                 61

3.20                        Security requirements for sterile areas                                            61

3.21                        Security requirements for landside security zones other than sterile areas                62

3.22                        Security requirements for fuel storage zones                                  63

3.23                        Security requirements for air traffic control facilities zones            63

3.24                        Security requirements for navigational aids zones                          64

3.24A                     Alternative requirements relating to signs for landside security zones     65

3.25                        Offences relating to entry to landside security zones                      66

3.26                        Access by emergency personnel                                                    66

Division 3.5—Counter‑terrorist first response function                                      68

3.28                        Definition—counter‑terrorist first response                                  68

3.29                        Provision of counter‑terrorist first response force                          69

3.30                        Qualifications of members of counter‑terrorist first response force 69

3.31                        Dogs at certain airports                                                                  70

Part 3A—Airside and Landside Special Event Zones                                               71

Division 3A.1—Preliminary                                                                                                71

3A.01                     Definitions                                                                                     71

Division 3A.2—Airside special event zones                                                                72

Subdivision 3A.2.1—Application for an airside special event zone                        72

3A.02                     Application for an airside special event zone                                  72

3A.03                     Further information about applications                                           72

3A.04                     Notices                                                                                           73

Subdivision 3A.2.2—Requirements for airside special event zones                        73

3A.05                     Requirements for airside special event zones                                 73

Subdivision 3A.2.3—Offences relating to airside special event zones                    74

3A.06                     Offence if person moves out of airside special event zone             74

3A.07                     Offence if airside special event zone manager allows unauthorised movement        74

Division 3A.3—Landside special event zones                                                            76

Subdivision 3A.3.1—Application for a landside special event zone                        76

3A.08                     Application for a landside special event zone                                 76

3A.09                     Further information about applications                                           76

3A.10                     Notices                                                                                           77

Subdivision 3A.3.2—Requirements for landside special event zones                      77

3A.11                     Requirements for landside special event zones                               77

Subdivision 3A.3.3—Offences relating to landside special event zones                 78

3A.12                     Offence if person moves out of landside special event zone          78

3A.13                     Offence if landside special event zone manager allows unauthorised movement     78

Part 4—Other security measures                                                                                            80

Division 4.1—Screening and clearing                                                                            80

Subdivision 4.1.1—Screening and clearing generally                                                80

4.01                        Definition—operational period                                                     80

4.02                        Meaning of screened air service                                                    80

4.03                        Specification of persons to carry out screening                              81

4.03A                     Persons passing screening point that uses body scanning equipment      81

4.04                        Things to be detected by screening                                                 81

4.05                        Dealing with weapons detected during screening                           82

4.06                        Dealing with prohibited items detected during screening               82

4.07                        Use of hand‑held metal detectors                                                   82

4.08                        Circumstances in which persons must be cleared in order to board aircraft             83

4.09                        Requirements for clearing                                                              83

4.10                        Persons who may pass through screening point without being screened 84

4.11                        Persons who may enter certain cleared areas other than through screening point     84

4.12                        Foreign dignitaries receiving clearance at screening point without being screened   85

4.12A                     Foreign dignitaries receiving clearance other than through a screening point           86

4.12B                      Circumstances in which persons are taken to be in a cleared area or cleared zone    86

4.13                        Certain inbound international transit passengers—screening of passengers and their carry‑on baggage                                                                                          86

4.13A                     Transit passengers may leave LAG items on board certain flights 87

4.14                        Circumstances in which goods must be cleared before being taken on to an aircraft                                                                                                       88

4.15                        When carry‑on baggage must be cleared                                        89

4.16                        Circumstances in which vehicles must be cleared in order to be taken onto aircraft 89

4.17                        Secretary’s notice for screening                                                     89

4.18                        Signs to be displayed at places of screening of passengers and carry‑on baggage   90

4.18A                     Signs to be displayed at operating screening point                         91

4.18B                      Alternative requirements relating to signs for screening points      92

4.19                        Supervision etc of baggage                                                            94

4.20                        Unaccompanied baggage                                                                94

4.21                        Control etc of baggage loading                                                       94

4.21A                     Circumstances relating to diversion of flights                                95

4.21B                      Circumstances relating to disruption of flights                               96

4.22                        Clearance of checked baggage removed from prescribed air service aircraft            96

Subdivision 4.1.1A—Liquid, aerosol and gel products                                               96

4.22A                     Definitions                                                                                     96

4.22B                      Meaning of exempt LAG item                                                        97

4.22C                      Meaning of LAG product                                                               97

4.22D                     Offence—not establishing LAGs screening point                          99

4.22E                      Offence—operator of inbound flight from exempt country            99

4.22F                      Offence—operator of inbound flight from non‑exempt country    99

4.22G                     Offence—LAG product passing through LAGs screening point 100

4.22H                     Offence—more than 1 LAGs bag                                                100

4.22HA                  Offence—entering LAGs cleared area other than through screening point with impermissible LAG product                                                                                101

4.22I                       Things to be detected by screening                                               101

4.22J                       Dealing with LAG product surrendered during screening           101

4.22K                      Offence—preventing destruction of surrendered LAG products 101

4.22L                      Offence—not screening passengers before boarding                   102

4.22M                     Offence—not preventing entry to LAGs cleared area                  102

4.22N                     Offence—not screening for LAG products                                  102

4.22O                     Offence—not screening for more than 1 LAGs bag                    103

4.22P                      Offence—sign at LAGs screening point                                      103

4.22Q                     Notices                                                                                         105

Subdivision 4.1.1B—Security tamper‑evident bags                                                   105

4.22R                      Definitions                                                                                   105

4.22S                      Security requirements for security tamper‑evident bags               105

4.22T                      Offence—supply of non‑compliant security tamper‑evident bags 106

Subdivision 4.1.2—Checked baggage screening                                                         106

4.23                        Offence—aircraft operator loading checked baggage that has not been cleared        106

4.24                        Offence—failure of screening authority to supervise or control   106

4.25                        International air services transiting Australia—inbound               107

4.26                        International air services transferring passengers in Australia—inbound 107

4.27                        International air services transiting Australia—outbound             108

4.28                        International air services transferring passengers in Australia—outbound               108

4.37                        Requirement to notify intending passengers about checked baggage screening       108

4.38                        Explosives not to be loaded on board aircraft                               109

4.39                        Opening of checked baggage                                                       109

Division 4.1A—Examining and clearing cargo                                                       110

Subdivision 4.1A.1—Requirements for examining and clearing cargo               110

4.41A                     Application of Subdivision                                                          110

4.41B                      Purpose of Subdivision                                                                110

4.41C                      When cargo that has not been examined may receive clearance    110

4.41CA                   Requirements for cargo to receive clearance                                 110

4.41D                     Meaning of security declaration                                                  111

4.41F                      Offence—issuing a security declaration in certain circumstances 112

4.41G                     Offence—loading cargo on aircraft if the cargo does not have a security declaration                                                                                                     113

4.41H                     Offence—failing to keep records of security declaration              113

Subdivision 4.1A.1A—Notice by Secretary                                                                  114

4.41J                       Notice for examination of cargo—category 2 destinations           114

4.41JA                    Notice for examination of cargo—category 1 destinations           114

4.41JB                    Revocation of notice issued under this Subdivision                     115

4.41K                      Offence—failure to comply with regulation 4.41J or 4.41JA notice 116

Subdivision 4.1A.1B—Approving known consignors                                                116

4.41L                      Known consignors                                                                       116

4.41M                     Applying for approval as a known consignor                              116

4.41N                     Decision on application                                                                117

4.41P                      Duration of approval                                                                    118

4.41Q                     Action by Secretary in relation to approval                                  118

4.41R                      Application for re‑approval                                                          119

4.41S                      Decision on re‑approval application                                             120

4.41T                      Approval continues until decision on re‑approval application      121

4.41U                     Duration of re‑approval                                                                121

4.41V                     Revocation of known consignor approval on request                  121

4.41W                     Revocation of known consignor approval to safeguard against unlawful interference with aviation                                                                                         122

4.41X                     Revocation of known consignor approval on other grounds        122

4.41Y                     Secretary’s list of known consignors                                           123

Subdivision 4.1A.1C—Known consignor security programs                                  124

4.41Z                      Secretary must provide known consignor with security program 124

4.41ZA                   When a known consignor security program is in force                125

4.41ZB                   Secretary may vary known consignor security program              125

4.41ZC                   Consideration of request to amend known consignor security program as varied by the Secretary                                                                                      126

4.41ZD                   Secretary may direct known consignors to vary security programs 127

4.41ZE                    Known consignor may request Secretary to vary known consignor security program                                                                                                     128

4.41ZF                    Consideration of request to vary known consignor security program      128

4.41ZG                   Offence—failure to comply with known consignor security program     129

4.41ZH                   Offence—disclosing known consignor security program information without consent                                                                                                     130

Subdivision 4.1A.2—Designating regulated air cargo agents                                 130

4.42                        Regulated air cargo agents                                                            130

4.43                        Applying for designation as a RACA                                          130

4.43A                     Decision on application                                                                131

4.43B                      Duration of designation                                                                132

4.43C                      Action by Secretary in relation to designation                              132

4.43D                     Application for designation to be renewed                                   133

4.43E                      Decision on renewal of designation application                           134

4.43F                      Designation continues until decision on renewal application        135

4.43G                     Duration of renewed designation                                                 135

4.44                        Revocation of RACA designation on request                              135

4.44A                     Revocation of RACA designation to safeguard against unlawful interference with aviation                                                                                                     136

4.44B                      Revocation of RACA designation on other grounds                    136

4.44C                      Automatic revocation if RACA accredited as AACA                  138

4.45                        Secretary’s list of regulated air cargo agents                                138

Subdivision 4.1A.2A—RACA security programs                                                       138

4.46                        Secretary must provide RACA with security program                 138

4.46A                     When a RACA security program is in force                                139

4.46B                      Secretary may vary RACA security program                               140

4.46C                      Consideration of request to amend RACA security program as varied by the Secretary                                                                                                     141

4.46D                     Secretary may direct RACAs to vary security programs              142

4.46E                      RACA may request Secretary to vary RACA security program  143

4.46F                      Consideration of request to vary RACA security program          143

4.46G                     Offence—failure to comply with RACA security program          144

4.46H                     Offence—disclosing RACA security program information without consent           144

Subdivision 4.1A.3—Accrediting accredited air cargo agents                               145

4.47                        Accredited air cargo agents                                                          145

4.48                        Applying for accreditation as an AACA                                      145

4.49                        Decision on application                                                                145

4.50                        Duration of accreditation                                                              147

4.51                        Action by Secretary in relation to accreditation                            147

4.51A                     Application for accreditation to be renewed                                 148

4.51B                      Decision on renewal of accreditation application                          148

4.51C                      Accreditation continues until decision on renewal application      149

4.51CA                   Duration of renewed accreditation                                                150

4.51D                     Revocation of AACA accreditation on request                            150

4.51DA                  Revocation of AACA accreditation to safeguard against unlawful interference with aviation                                                                                                     150

4.51DB                   Revocation of AACA accreditation on other grounds                  151

4.51DC                   Automatic revocation if AACA designated as a RACA              152

4.51E                      Secretary’s list of AACAs                                                           152

Subdivision 4.1A.4—AACA security programs                                                          153

4.51F                      Secretary must provide AACA with security program                153

4.51FA                   When an AACA security program is in force                              153

4.51FB                   Secretary may vary AACA security program                              154

4.51FC                   Consideration of request to amend AACA security program as varied by the Secretary                                                                                                     155

4.51FD                   Secretary may direct AACAs to vary security programs             156

4.51FE                    AACA may request Secretary to vary AACA security program 157

4.51FF                    Consideration of request to vary AACA security program          157

Subdivision 4.1A.5—Offences                                                                                         158

4.51G                     AACA must comply with security program                                158

4.51H                     Offence—disclosing AACA security program information without consent           158

Subdivision 4.1A.6Other matters                                                                               158

4.51J                       Offence—disclosure of information                                             158

Division 4.2—Weapons                                                                                                        160

4.52                        Aviation industry participants authorised to have weapons (not firearms) in possession in secure areas                                                                                  160

4.53                        Persons authorised to have weapons (not firearms) in possession in secure areas   160

4.54                        Persons authorised to have firearms in possession in airside areas 161

4.55                        Persons authorised to carry weapons through screening points—general                162

4.55A                     Persons authorised to carry weapons through screening points—security restricted areas at designated airports                                                                       163

4.56                        Persons authorised to have firearms in possession in sterile areas 164

4.57                        Dealing with weapons surrendered at security controlled airports 164

4.58                        Dealing with weapons surrendered etc on aircraft                        165

4.59                        Persons authorised to have weapons in possession on prescribed aircraft               165

4.59A                     Persons authorised to use firearms on prescribed aircraft            165

Division 4.3—Prohibited items                                                                                         167

4.60                        Prescription of sterile area                                                            167

4.61                        Aviation industry participants authorised to have prohibited items in possession in sterile areas                                                                                             167

4.62                        Persons authorised to have prohibited items that are tools of trade in possession in sterile areas                                                                                             167

4.63                        Persons authorised to have prohibited items in possession in sterile areas               168

4.64                        Persons authorised to carry prohibited items through screening point     168

4.65                        Persons authorised to have prohibited items in possession on prescribed aircraft    169

Division 4.4—On‑board security                                                                                    171

4.66                        Management and control of passengers                                       171

4.67                        Security of flight crew compartment—all aircraft                         171

4.68                        Additional requirements for security of flight crew compartment—aircraft with seating capacity 30 or more                                                                      172

4.69                        Pre‑flight security checks                                                             173

4.70                        Training programs                                                                        173

4.71                        Unattended aircraft—aircraft operating prescribed air service      174

4.72                        Unattended aircraft                                                                       174

Division 4.5—Movement of persons in custody                                                      175

Subdivision 4.5.1—Movement of persons in custody—preliminary                     175

4.73                        Definitions                                                                                   175

Subdivision 4.5.2—Movement of persons in custody under the Migration Act  175

4.74                        Application of this Subdivision                                                    175

4.75                        Meaning of dangerous for this Subdivision                                176

4.76                        Provision of information to operator of prescribed air service—supervised departures                                                                                                     177

4.77                        Provision of information to operator of prescribed air service—escorted domestic travel maintaining immigration detention                                               177

4.78                        Provision of information to operator of prescribed air service—escorted international travel by non‑dangerous persons                                                           177

4.79                        Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel by dangerous persons            178

4.80                        Escort arrangements for flights involving movements of non‑dangerous persons   179

4.81                        Provision of information to prescribed aircraft’s pilot in command 179

Subdivision 4.5.3—Movement of persons in custody other than under the Migration Act          179

4.82                        Application of this Subdivision                                                    179

4.83                        Definitions for this Subdivision                                                   179

4.84                        Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel                                               181

4.85                        Escort arrangements for flights involving movements of non‑dangerous persons   181

4.86                        Provision of information to prescribed aircraft’s pilot in command 182

Subdivision 4.5.4—Movement of persons in custody—dangerous persons         182

4.87                        Required escort arrangements for flights involving movements of dangerous persons                                                                                                     182

Subdivision 4.5.5—Movement of persons in custody—non‑standard movements 183

4.88                        Meaning of non‑standard movement                                           183

4.89                        Agreement on escort arrangements required for flights involving non‑standard movements                                                                                                     183

Subdivision 4.5.6—Movement of persons in custody—miscellaneous                  184

4.90                        Approved forms                                                                           184

4.91                        Use of single notice for a flight carrying multiple persons in custody      184

4.92                        Interaction between criminal law and information obligations      184

4.93                        Incorrect or incomplete information                                             184

Division 4.6—Control directions                                                                                    185

4.95                        Compliance control directions                                                      185

Part 5—Powers of officials                                                                                                       186

Division 5.1—Aviation security inspectors                                                               186

5.01                        Identity cards                                                                                186

Division 5.2—Airport security guards                                                                        187

5.03                        Training and qualifications of airport security guards                  187

5.04                        Identity cards for airport security guards                                      187

5.05                        Uniforms of airport security guards                                             187

Division 5.3—Screening officers                                                                                     188

5.06                        Training and qualifications of screening officers                          188

5.07                        Identity cards for screening officers                                             188

5.08                        Uniforms of screening officers                                                    188

Division 5.4—Eligible customs officers                                                                       188

5.09                        Training of eligible customs officers                                            188

5.10                        Identity cards for eligible customs officers                                   189

5.11                        Uniforms of eligible customs officers                                          189

Part 6—Security identification                                                                                               190

Division 6.1—Preliminary                                                                                                  190

6.01                        Definitions for this Part                                                                190

6.03                        Kinds of ASICs                                                                           194

6.05                        Authentication of certain foreign documents                                195

6.05A                     Identification documents not in English must be translated          195

Division 6.2—ASIC programs                                                                                         196

6.06                        What an ASIC program is                                                            196

6.07                        Issuing body to give effect to ASIC program                              197

6.09                        Direction to vary ASIC program                                                  198

6.10                        Variation of ASIC program by issuing body                               198

Division 6.3—Issuing bodies                                                                                              200

6.12                        Comptroller‑General of Customs and CASA to be issuing bodies 200

6.13                        Existing issuing bodies                                                                200

6.15                        Application for authorisation to issue ASICs                               200

6.16                        Decision on application                                                                200

6.17                        Issuing bodies’ staff etc                                                               201

6.18                        Copies of ASIC program to be made available                            201

6.19                        Revocation of authorisation for cause                                          202

6.19A                     Secretary’s discretion to revoke authorisation                              203

6.20                        Application by issuing body for revocation of authorisation        204

6.21                        Revocation does not prevent another application for authorisation 205

6.22                        Responsibility for ASICs, applications and records if body ceases to be an issuing body                                                                                                     205

6.22A                     Transitional issuing bodies                                                           206

Division 6.4—Record‑keeping                                                                                          208

6.23                        Register of ASICs                                                                        208

6.24                        Other records of issuing bodies                                                   209

6.25                        Annual reporting by issuing bodies                                             209

6.25A                     Register of VICs and other records                                              209

6.25B                      Register of TACs                                                                         211

Division 6.5—ASICs, TACs and VICs—issue, expiry, suspension and cancellation      213

Subdivision 6.5.1—Definitions for this Division                                                         213

6.26A                     Definitions                                                                                   213

Subdivision 6.5.2—Issue and form of ASICs                                                               213

6.26                        ASICs—application for issue                                                      213

6.27                        Issue of ASICs                                                                            213

6.27A                     Approval of airport operator for airport‑specific ASICs              214

6.27AA                  Application for background check                                               215

6.27AB                   Requirements for verifying identity                                              215

6.27AC                   Alternative requirements for verifying identity                             216

6.28                        ASICs—issue                                                                              217

6.29                        ASICs—application to Secretary if person has adverse criminal record or is disqualified                                                                                                     220

6.29A                     AusCheck facility to be used when issuing an ASIC                   221

6.30                        Report to Secretary of refusal to issue ASICs in certain cases     222

6.31                        Persons the subject of qualified security assessments                  222

6.31A                     Provision of information to Secretary AGD                                222

6.32                        ASICs—period of issue and expiry                                             222

6.33                        Form of ASICs other than temporary ASICs                              223

6.34                        Issuing body to be given copy of approved form of permanent ASIC     224

6.34A                     Issuing body may disclose details of approved form to other persons     225

6.35                        Issue of replacement ASICs                                                         225

6.36                        Issue of temporary ASICs                                                           226

6.37                        Form of temporary ASICs                                                           227

6.37AA                  Issuing body to be given copy of approved form of temporary ASIC     228

6.37AB                   Issuing body may disclose details of approved form to other persons     229

6.37AC                   Holder of temporary ASIC to be supervised                                229

Subdivision 6.5.2A—Issue and form of TACs                                                             230

6.37B                      Issue of temporary aircrew card                                                   230

6.37C                      Holder of TAC to be supervised                                                  230

6.37D                     Form of TAC                                                                               230

Subdivision 6.5.3—Issue and form of VICs                                                                 232

6.37E                      Who may issue a VIC                                                                  232

6.37F                      Approval of aircraft operators as VIC issuers                              232

6.37G                     Authorisation of agent of airport operator or Secretary‑approved VIC issuer          233

6.37H                     VIC issuers’ staff etc                                                                   234

6.38                        Issue of VICs                                                                               234

6.38A                     Statement of reasons for entry to secure area                               235

6.38B                      Changed reasons for entry                                                           236

6.38C                      Proof of identity                                                                           237

6.38D                     Particulars of VICs                                                                      237

6.38E                      The 28 day rule—VICs issued for particular airport                    238

6.38EA                   The 28 day rule—additional rules for Secretary‑approved VIC issuers   239

6.38EB                   The 28 day rule—additional rule for Comptroller‑General of Customs   240

6.38F                      Temporary exemption from 28 day rule                                       240

6.38G                     VIC issued to applicant for ASIC                                                240

6.38H                     VIC issued to ASIC holder                                                          241

6.38I                       VIC issued to person in exceptional circumstances                      241

6.39                        Default form of VICs                                                                   241

6.39A                     Secretary’s approval of the issue of VICs in other forms            244

Subdivision 6.5.3A—Obligations of VIC issuer, VIC holder, ASIC holder or issuing body        246

6.40                        Obligations of VIC issuer                                                            246

6.40A                     Obligations of VIC holder                                                           246

6.41                        Obligation of applicants for, and holders of, ASICs—conviction of aviation‑security‑relevant offence                                                                                         246

6.41A                     Obligation on issuing body notified under regulation 6.41          247

6.42                        Obligation of applicants for, and holders of, ASICs—change of name   248

Subdivision 6.5.4—Suspension of ASICs                                                                      248

6.42A                     Suspension of ASICs—Secretary’s direction                              248

6.42B                      Suspension of ASIC by issuing body                                          248

6.42C                      Period of suspension of ASIC                                                     249

6.42D                     Suspension of temporary ASIC                                                   249

6.42E                      Report to Secretary of suspension of ASIC                                 250

Subdivision 6.5.5—Cancellation and other matters concerning ASICs, VICs and TACs             250

6.42F                      Definition                                                                                     250

6.43                        Cancellation of ASICs                                                                 250

6.43A                     Reinstatement of cancelled ASIC—application                            252

6.43B                      Reinstatement of ASIC cancelled for qualified security assessment—Secretary’s decision                                                                                                     252

6.43C                      Reinstatement of ASIC cancelled for adverse criminal record—Secretary’s decision                                                                                                     254

6.43D                     Reinstatement of ASIC subject to condition                                 255

6.43E                      When issuing body must reinstate cancelled ASIC                      255

6.43F                      Cancellation of VICs and TACs                                                  255

6.44                        Report of cancellation of ASICs, VICs and TACs in certain cases 256

6.44A                     Notifying airport operator or employer of suspended or cancelled ASIC                256

6.45                        Return of red ASICs, grey ASICs, VICs and TACs that have expired etc.             257

6.46                        Notification of lost, stolen or destroyed ASICs, VICs and TACs 258

6.47                        Cancellation of ASICs, VICs or TACs at holder’s request          258

6.48                        Disqualification from holding ASICs for contravening display requirements          259

6.49                        Minister may recall ASICs, VICs and TACs                               259

6.50                        Sample ASICs, VICs and TACs for training purposes               259

Division 6.6—Powers of security officers in relation to ASICs, VICs and TACs            260

6.52                        Definition—security officer                                                          260

6.53                        Directions to show valid ASICs, VICs and TACs                      260

Division 6.7—Security designated authorisations                                                 262

6.54                        Definitions for Division                                                               262

6.55                        Exercise of privileges of flight crew licences etc                          262

6.55A                     Functions of CASA                                                                     263

6.56                        Request for aviation security status check                                    263

6.56A                     Authorisation of certain disclosures of personal information       263

6.57                        Flight crew licences etc—requirements in relation to issue          264

6.58                        Secretary’s determination whether a person has adverse aviation security status     265

6.58A                     Matters to which CASA must have regard in determining aviation security status  265

6.58B                      Notice by CASA of certain decisions                                          266

6.59                        Conviction of holders of security designated authorisation of aviation‑security‑relevant offences                                                                                        266

Part 6A—Information‑gathering                                                                                          267

6A.01                     Aviation security information—statistical information about VICs 267

Part 7—Enforcement                                                                                                                   268

7.01                        Purpose and effect of Part                                                            268

7.02                        Definition for Part—authorised person                                       268

7.03                        Penalty payable under infringement notice                                   268

7.04                        Authorised persons may issue infringement notices                    268

7.05                        Contents of infringement notice                                                   269

7.06                        Service of infringement notices                                                    270

7.07                        Time for payment of penalty                                                        270

7.08                        Extension of time to pay penalty                                                  271

7.09                        Effect of payment of penalty                                                        271

7.10                        Withdrawal of infringement notice                                               271

7.11                        Notice of withdrawal of infringement notices                              272

7.12                        Refund of penalty                                                                         272

Part 8—Review of decisions                                                                                                     273

8.01                        Definitions                                                                                   273

8.02                        Review of decisions in relation to ASICs and related matters—decisions of Secretary                                                                                                     273

8.03                        Review of decisions in relation to ASICs and related matters—decisions of issuing bodies                                                                                                     274

8.03A                     Review of decisions in relation to known consignors                  275

8.04                        Review of decisions in relation to regulated air cargo agents       275

8.05                        Review of decisions in relation to AACAs                                  275

8.06                        Review of decisions in relation to VIC issuers                            275

Part 9—Miscellaneous                                                                                                                 276

9.01                        Threats regarding aviation security                                               276

9.02                        Service of notices                                                                         276

Part 10—Application and transitional matters                                                            277

Division 1—Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015                                  277

10.01                      Amendments made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015                                                               277

Division 2—Amendments made by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015                                                        278

10.02                      Amendments made by the Aviation Transport Security Amendment (2015 Measures No. 1) Regulation 2015                                                                           278

Division 3—Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015                                                             279

10.03                      Amendments made by the Transport Security Legislation Amendment (Job Ready Status) Regulation 2015                                                                           279

Division 4—Amendments made by the Aviation Transport Security Amendment (Cargo) Regulation 2016                                                                                             280

Subdivision A—Preliminary                                                                                           280

10.04                      Definitions                                                                                   280

Subdivision B—Amendments made by Schedule 1 to the Aviation Transport Security Amendment (Cargo) Regulation 2016                                                                     280

10.05                      Continuation of existing designations for RACAs who have a notice given under regulation 4.41J                                                                            280

10.06                      Security programs for RACAs whose designation has been continued under regulation 10.05                                                                                                     281

10.07                      Transition of existing designations for RACAs who do not have a notice given under regulation 4.41J                                                                            282

10.08                      Security programs for RACAs whose designation has been transitioned to accreditation as an AACA under regulation 10.07                                                     283

10.09                      Revocation of existing designations for RACAs who do not have a TSP in force immediately before 1 November 2016                                                             284

10.10                      Continuation of existing accreditations for AACAs                     284

10.11                      Security programs for AACAs whose accreditation has been continued under regulation 10.10                                                                           285

10.12                      Application of offence of loading cargo without security declaration 285

10.13                      Notices issued under regulation 4.41J                                          285

10.14                      High risk cargo                                                                            285

Subdivision C—Amendments made by Schedule 2 to the Aviation Transport Security Amendment (Cargo) Regulation 2016                                                                     286

10.15                      Offence of loading cargo without security declaration—from 1 July 2017              286

10.16                      Notices issued under regulation 4.41J—from 1 July 2017          286

10.17                      Notices issued under regulation 4.41JA—from 1 July 2017       286

Division 5—Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016                                                                        288

10.18                      Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 November 2016                  288

10.19                      Amendments made by the Transport Security Legislation Amendment (Identity Security) Regulation 2016 and commencing 1 August 2017                       290

Division 6—Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016                                                               291

10.20                      Amendments made by the Transport Security Legislation Amendment (Security Assessments) Regulation 2016                                                     291

Division 7—Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016                                                        292

10.21                      Amendments made by the Transport Security Legislation Amendment (Issuing Body Processes) Regulation 2016                                                         292

Division 8—Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016              293

10.22                      Amendments made by the Aviation Transport Security Amendment (Streamlining and Other Measures) Regulation 2016                                                         293

Division 9—Amendments made by the Aviation Transport Security Amendment (Persons in Custody) Regulations 2017                                                                      295

10.23                      Amendments made by the Aviation Transport Security Amendment (Persons in Custody) Regulations 2017                                                                         295

Division 10—Amendments made by the Aviation Transport Security Amendment (Airside Security—2017 Measures No. 1) Regulations 2017                   296

Subdivision A—Preliminary                                                                                           296

10.24                      Definitions                                                                                   296

Subdivision B—Amendments made by Schedule 1 to the amending regulations 296

10.25                      TSPs—requirements about enhanced inspection areas                 296

10.26                      Savings provision—security restricted areas already in force      296

Subdivision C—Amendments made by Schedule 2 to the amending regulations 297

10.27                      Implementation day for aviation industry participants                  297

10.28                      Security programs—requirements about security restricted areas at designated airports                                                                                                     297

10.29                      Requirements for security restricted areas at designated airports  298

10.30                      Implementation plans                                                                   300

Division 11—Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018                                           302

10.31                      Amendments made by the Transport Security Legislation Amendment (ASIC and MSIC Measures) Regulations 2018                                                       302

Endnotes                                                                                                                                               303

Endnote 1—About the endnotes                                                                                      303

Endnote 2—Abbreviation key                                                                                          304

Endnote 3—Legislation history                                                                                       305

Endnote 4—Amendment history                                                                                     308

 


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.

access control point, for a security restricted area at a designated airport, means a point of entry into the security restricted area the location of which is set out in the airport operator’s TSP in accordance with paragraph 2.18A(2)(a).

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.

Australian Border Force means that part of the Immigration Department known as the Australian Border Force.

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.

category 1 destination means a destination within the United States of America.

category 2 destination means a destination other than a category 1 destination.

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 in a form approved under subregulation 6.33(2) 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 in a form approved under subregulation 6.33(1) 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 restricted area means an airside security zone of a type that is prescribed by regulation 3.01.

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 in a form approved under subregulation 6.33(3).

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—access control and screening for security restricted areas at designated airports

             (1)  This regulation applies if a security restricted area has been established within the airside area of a designated airport in accordance with section 30 of the Act.

Access control

             (2)  The airport operator’s TSP must set out the following matters:

                     (a)  the location of points of entry into the security restricted area that are to be access control points for the purposes of these regulations;

                     (b)  the aviation industry participant that controls each access control point;

                     (c)  procedures to confirm the following:

                              (i)  the identity of persons entering the security restricted area through access control points controlled by the operator;

                             (ii)  that persons, vehicles and things entering the security restricted area through access control points controlled by the operator are authorised to do so;

                     (d)  procedures to confirm that each person who enters the security restricted area through an access control point controlled by the operator and who is required by Subdivision 3.2.1 to properly display an ASIC in the area:

                              (i)  holds a valid red ASIC; or

                             (ii)  holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;

                     (e)  if checks to confirm the matters mentioned in paragraphs (c) and (d) are to be performed at a place in the vicinity of an access control point—the location of that place;

                      (f)  procedures to ensure that a person entering the security restricted area other than through an access control point does not bring any unauthorised weapons into the security restricted area;

                     (g)  if persons are to be permitted to re‑enter the security restricted area, other than through an access control point, after leaving the security restricted area to perform work:

                              (i)  the classes of persons to whom that permission applies; and

                             (ii)  if that permission applies only if the work is to be performed at a facility that is in, or in the vicinity of, the airside area—a description of the facility and its location.

             (3)  The TSP must be accompanied by a document that identifies the person, or persons jointly, responsible for maintaining the security of:

                     (a)  the security restricted area; and

                     (b)  each access control point for the security restricted area.

Screening

             (4)  The TSP must also set out the following matters:

                     (a)  measures and procedures to carry out screening of persons, vehicles and goods that enter the security restricted area;

                     (b)  details of the locations where that screening will take place in accordance with subregulation 3.16E(3);

                     (c)  if:

                              (i)  the airport operator controls the security restricted area, or a part of the security restricted area; and

                             (ii)  the airport operator intends screening to occur inside the area, or the part of the area, in accordance with subregulation 3.16E(4);

                            details of the general area or areas in the security restricted area in which that screening will occur.

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.

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—access control and screening for security restricted areas at designated airports

Access control

             (1)  If an aircraft operator controls an access control point into a security restricted area at a designated airport, the TSP must set out the following matters:

                     (a)  procedures to confirm the following:

                              (i)  the identity of persons entering the security restricted area through the access control point;

                             (ii)  that persons, vehicles and things entering the security restricted area through the access control point are authorised to do so;

                     (b)  procedures to confirm that each person who enters the security restricted area through the access control point and who is required by Subdivision 3.2.1 to properly display an ASIC in the area:

                              (i)  holds a valid red ASIC; or

                             (ii)  holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;

                     (c)  if checks to confirm the matters mentioned in paragraphs (a) and (b) are to be performed at a place in the vicinity of the access control point—the location of that place;

                     (d)  procedures to ensure that a person entering a part of the security restricted area that is controlled by the aircraft operator other than through an access control point does not bring any unauthorised weapons into the security restricted area;

                     (e)  if persons are to be permitted to re‑enter a part of the security restricted area that is controlled by the aircraft operator, other than through an access control point, after leaving the security restricted area to perform work:

                              (i)  the classes of persons to whom that permission applies; and

                             (ii)  if that permission applies only if the work is to be performed at a facility that is in, or in the vicinity of, the airside area—a description of the facility and its location.

             (2)  If an aircraft operator controls the whole or a part of a security restricted area at a designated airport, the TSP must be accompanied by a document that identifies the person, or persons jointly, responsible for maintaining the security of each access control point into the area or that part of the area.

Screening

             (3)  If an aircraft operator carries out screening for a security restricted area at a designated airport, the TSP must also set out the following matters:

                     (a)  measures and procedures to carry out screening of persons, vehicles and goods that enter the security restricted area;

                     (b)  details of the locations where that screening will take place in accordance with subregulation 3.16E(3);

                     (c)  if:

                              (i)  the aircraft operator controls the security restricted area, or a part of the security restricted area; and

                             (ii)  the aircraft operator intends screening to occur inside the area, or the part of the area, in accordance with subregulation 3.16E(4);

                            details of the general area or areas in the security restricted area in which that screening will occur.

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  Type of airside security zone

                   For the purposes of section 31 of the Act, the following type of airside security zone is prescribed, that is, the security restricted 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:

entry exempt person, in relation to an airside area or a security restricted area, means any of the following:

                     (a)  a law enforcement officer who is in uniform or who produces his or her identity card as a law enforcement officer;

                     (b)  a member of the Defence Force who is:

                              (i)  responding to an event or threat of unlawful interference with aviation; or

                             (ii)  responding to an emergency in Australia or overseas; or

                            (iii)  on or conducting training exercises;

                     (c)  an officer of Customs who:

                              (i)  is a member of a Counter‑Terrorism Unit of the Australian Border Force; and

                             (ii)  is wearing a Counter‑Terrorism Unit uniform; and

                            (iii)  has attached to that uniform an identification card, issued by the Australian Border Force, that identifies the officer as such a member and that the officer would be properly displaying if the identification card were an ASIC; and

                            (iv)  is performing duties in the area;

                     (d)  a person in custody;

                     (e)  a person escorting a person in custody;

                      (f)  an employee, contractor or volunteer of an ambulance, rescue or fire service, or of a state or territory emergency service, who is responding to an emergency in Australia or overseas;

                     (g)  a person acting under the direction of a person mentioned in paragraph (f) during an emergency in Australia or overseas;

                     (h)  a medical transport facilitator, or a passenger facilitator, within the meaning of regulation 3.07;

                      (i)  an employee or contractor of an aircraft operator that operates a screened air service, or of an airport operator of an airport from which a screened air service operates, who is responding to an emergency in Australia or overseas;

                      (j)  an employee or contractor of a private security contractor who:

                              (i)  with the consent of a responsible aviation industry participant for the area is in, or facilitating the movement of, an armoured vehicle or a vehicle that is accompanying such a vehicle; and

                             (ii)  if required by State or Territory legislation—holds, and has on his or her person, a valid security guard licence (however described) issued under the law of the State or Territory;

                     (k)  crew, or passengers under the supervision of an airport operator or aircraft operator, who are moving reasonably directly for the purposes of boarding or disembarking from an aircraft;

                      (l)  the driver of a vehicle that is towing an aircraft.

exempt goods, in relation to a security restricted area at a designated airport, means any of the following:

                     (a)  baggage;

                     (b)  cargo;

                     (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, or the aircraft operator by which the items are to be supplied, 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)  goods carried by a person who is a screening exempt person in relation to the area;

                      (f)  except for the purposes of the definition of exempt vehicle or screening exempt person in this regulation—goods carried in a vehicle that is an exempt vehicle in relation to the area;

                     (g)  dogs, performing duties in the area, that are under the control of:

                              (i)  a law enforcement officer; or

                             (ii)  an officer of Customs;

                     (h)  an item that has been seized or detained under the Customs Act 1901 or another law of the Commonwealth that is being dealt with in accordance with such a law;

                      (i)  fuel and other combustible substances (other than explosives) that are required for operational purposes within the area;

                      (j)  goods that the Secretary, by written notice under paragraph 42(2)(b) of the Act, has provided may pass through a screening point for the area without being screened.

exempt vehicle, in relation to a security restricted area at a designated airport, means any of the following:

                     (a)  a vehicle being operated by, or carrying, a person who is an entry exempt person in relation to the area;

                     (b)  an armoured vehicle carrying things that are exempt goods in relation to the area;

                     (c)  a driverless vehicle under the control of an airport operator or an aircraft operator;

                     (d)  a vehicle transporting cleared crew or passengers to an aircraft for boarding;

                     (e)  a vehicle transporting crew or passengers outside of the area after disembarking an aircraft;

                      (f)  a vehicle escorting a vehicle covered by paragraph (d) or (e);

                     (g)  a vehicle that the Secretary, by written notice under paragraph 43(2)(b) of the Act, has provided may pass through a screening point for the area without being screened.

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.

screening exempt person, in relation to a security restricted area at a designated airport, means any of the following:

                     (a)  an entry exempt person in relation to the area;

                     (b)  a screening officer who is engaged in the management of a screening point;

                     (c)  an officer of Customs who is:

                              (i)  performing duties in the area, in connection with the Customs Act 1901 or another law of the Commonwealth, that could be compromised if the officer were screened; or

                             (ii)  responding to an emergency in Australia;

                     (d)  the driver of a vehicle that is being used to transport crew or passengers to an aircraft for boarding or from an aircraft for disembarking;

                     (e)  a person that the Secretary, by written notice under paragraph 41(2)(b) of the Act, has provided may pass through a screening point for the area without being screened.

3.14  Common boundaries of airside areas and security restricted areas—requirements for signs

                   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.

Subdivision 3.3.1ARequirements for airside area of all security controlled airports

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 who is authorised to do so and who, if required by Subdivision 3.2.1 to properly display an ASIC in the area:

                              (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 entry exempt person; or

                     (c)  a vehicle driven by a person mentioned in paragraph (a) or (b).

             (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 3.3.2Additional requirements for security restricted areas not at designated airports

3.16  Additional requirements for security restricted areas not at designated airports

             (1)  For the purposes of section 36 of the Act, this regulation prescribes additional requirements that apply to security restricted areas that are not at designated airports.

             (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 who is authorised to do so and who, if required by Subdivision 3.2.1 to properly display an ASIC in the area, meets the requirements of subregulation (3A); or

                             (ii)  an entry exempt person; or

                            (iii)  a vehicle driven by a person mentioned in subparagraph (i) or (ii); 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:  200 penalty units.

          (3A)  For the purposes of subparagraph (3)(a)(i), the person must:

                     (a)  properly display a valid red ASIC; or

                     (b)  properly display a valid VIC, a valid TAC or a valid grey ASIC and be supervised by someone authorised to enter the security restricted area who properly displays a valid red ASIC.

             (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 3.3.3Additional requirements for security restricted areas at designated airports

3.16A  Purpose and application of Subdivision

                   For the purposes of sections 36 and 44 of the Act, this Subdivision prescribes additional requirements that apply to security restricted areas at designated airports.

3.16B  Entry to security restricted areas at designated airports to be through access control points

             (1)  A person commits an offence if:

                     (a)  the person enters a security restricted area at a designated airport; and

                     (b)  the entry is not through an access control point; and

                     (c)  the entry is not covered by subregulation (2), (3) or (4).

Penalty:  50 penalty units.

             (2)  The entry is covered by this subregulation if the person is an entry exempt person for the security restricted area.

             (3)  The entry is covered by this subregulation if the entry is from:

                     (a)  a cleared area or a cleared zone; or

                     (b)  an area that can only be accessed from a cleared area, a cleared zone or the security restricted area.

             (4)  The entry is covered by this subregulation if:

                     (a)  the person enters the security restricted area (the relevant area) from an airside area; and

                     (b)  while in the airside area, the person was moving reasonably directly from another part of the relevant area, or from another security restricted area, for the purpose of performing work in the relevant area.

             (5)  For the purposes of subregulation (1), if:

                     (a)  a person enters the security restricted area at an access control point for the purpose of performing work; and

                     (b)  the person leaves the security restricted area for the purpose of performing work before re‑entering the security restricted area for the purpose of performing work; and

                     (c)  while the person is outside the security restricted area, the person is at all times doing one or more of the following:

                              (i)  performing work in the vicinity of the boundary of the security restricted area;

                             (ii)  performing work at a facility that is in, or in the vicinity of, the airside area;

                            (iii)  moving reasonably directly from such a facility to the security restricted area; and

                     (d)  the person is in a class of persons, set out in the TSP of a responsible aviation industry participant for the security restricted area in accordance with subregulation 2.18A(2) or 2.35A(1), who are permitted to re‑enter the security restricted area, other than through an access control point, after leaving the security restricted area to perform work; and

                     (e)  if subparagraph (c)(ii) or (iii) applies—the location of the facility is set out in that TSP, in accordance with that subregulation;

the person is taken to remain in the security restricted area while the person is outside the security restricted area as mentioned in paragraph (c).

Note:          This means that the re‑entry is not treated as an entry for the purposes of subregulation (1).

             (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.

3.16C  Responsibility for ensuring security restricted areas at designated airports can only be entered by certain persons and vehicles

                   A responsible aviation industry participant for a security restricted area at a designated airport must ensure that the security restricted area can be entered only by:

                     (a)  a person who is authorised to do so; or

                     (b)  an entry exempt person; or

                     (c)  a vehicle driven by a person mentioned in paragraph (a) or (b); or

                     (d)  an exempt vehicle.

Penalty:  200 penalty units.

3.16D  Responsibility for controlling entry to security restricted areas at designated airports through access control points

Entry of persons

             (1)  If an aviation industry participant controls an access control point into a security restricted area at a designated airport, the aviation industry participant must ensure that a person does not enter the security restricted area through the access control point unless:

                     (a)  the aviation industry participant has performed checks in accordance with subregulations (3) and (5) to confirm the matters mentioned in subregulation (2); or

                     (b)  the aviation industry participant, having performed reasonable checks in accordance with subregulation (5), reasonably believes that the person is an entry exempt person.

Note:          An aviation industry participant may control an access control point under a lease or other arrangement, even if the participant does not have a security program.

             (2)  For the purposes of paragraph (1)(a), the aviation industry participant must confirm the following matters:

                     (a)  the person’s identity;

                     (b)  that the person is authorised to enter the security restricted area;

                     (c)  if the person is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area—that the person:

                              (i)  holds a valid red ASIC; or

                             (ii)  holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC.

             (3)  For the purposes of paragraph (1)(a):

                     (a)  if the aviation industry participant is an airport operator, an aircraft operator or a RACA—the checks must be performed in accordance with the methods and procedures set out in the participant’s security program; and

                     (b)  otherwise—the checks must either:

                              (i)  include an employee of the participant inspecting a valid red ASIC, grey ASIC, VIC or TAC that is held by the person (if the person is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area); or

                             (ii)  if the participant agrees in writing with a responsible aviation industry participant for the security restricted area to perform the checks in accordance with another method set out in the responsible aviation industry participant’s security program—be performed in accordance with that other method.

Entry of vehicles

             (4)  If an aviation industry participant controls an access control point into a security restricted area at a designated airport, the aviation industry participant must ensure that a vehicle does not enter the security restricted area through the access control point unless:

                     (a)  the aviation industry participant has performed checks to confirm the entry is in accordance with procedures set out in:

                              (i)  if the aviation industry participant is an airport operator, an aircraft operator or a RACA—the participant’s security program; or

                             (ii)  otherwise—the TSP of a responsible aviation industry participant for the area; or

                     (b)  the aviation industry participant, having performed reasonable checks in accordance with subregulation (5), reasonably believes that the vehicle is an exempt vehicle.

Where checks are to be performed

             (5)  For the purposes of subregulations (1) and (4), the checks must be performed at:

                     (a)  the access control point; or

                     (b)  a place in the vicinity of the access control point (whether outside or inside the security restricted area), but only if:

                              (i)  the place is identified in a security program mentioned in whichever of subparagraph (4)(a)(i) or (ii) applies in relation to the aviation industry participant as a place where the checks may be performed; and

                             (ii)  persons and vehicles are prevented from passing through the access control point without also passing through the place.

Offence

             (6)  A person commits an offence if:

                     (a)  the person is an aviation industry participant; and

                     (b)  the person controls an access control point into a security restricted area at a designated airport; and

                     (c)  the persons fails to comply with a requirement in subregulation (1) or (4).

Penalty:

                     (a)  if the person is an airport operator or an aircraft operator—200 penalty units; or

                     (b)  in any other case—100 penalty units.

3.16E  Responsibility for screening for security restricted areas at designated airports

             (1)  A responsible aviation industry participant (the responsible participant) that controls a security restricted area at a designated airport, or a part of such an area:

                     (a)  must be able to undertake screening of any person who enters the area, or the part of the area, through an access control point; and

                     (b)  must ensure the following:

                              (i)  unless subparagraph (ii) applies—that a screening point operates for the area, or the part of the area, at all times during traffic periods at the airport;

                             (ii)  if the Secretary has issued a notice under regulation 4.17 that is binding on the responsible participant under subregulation 4.17(3)—that a screening point operates for the area, or the part of the area, in accordance with any methods, techniques and equipment specified by the Secretary in the notice.

Screening point to be operated by a screening authority and to screen only for weapons

             (2)  The responsible participant must ensure that a screening point operating for the purposes of paragraph (1)(b):

                     (a)  is operated by a screening authority; and

                     (b)  screens only for weapons.

Location of screening points—general rule

             (3)  The responsible participant must ensure that a screening point operating for the purposes of paragraph (1)(b) is located:

                     (a)  at each access control point into the area or the part of the area; or

                     (b)  at a place in the vicinity of each of those access control points (whether outside or inside the security restricted area), but only if:

                              (i)  the location of the place is set out in the responsible participant’s TSP as a place where screening will take place; and

                             (ii)  persons and vehicles are prevented from passing through the access control point without also passing through the place.

Location of screening points—screening inside the security restricted area

             (4)  However, if:

                     (a)  the Secretary has issued a notice under regulation 4.17 that is binding on the responsible participant under subregulation 4.17(3); and

                     (b)  the notice specifies methods, to be used for screening, that include screening points being located at places in the area, or in the part of the area, other than places mentioned in subregulation (3) of this regulation;

then the responsible participant need only ensure that a screening point is operating for the purposes of paragraph (1)(b) of this regulation in the area, or the part of the area, in accordance with those methods.

Goods, persons and vehicles that are to be screened

             (5)  The responsible participant must ensure that the following are screened at a screening point operating for the purposes of paragraph (1)(b):

                     (a)  unless paragraph (b) of this subregulation applies—all goods, persons and vehicles, other than exempt goods, screening exempt persons or exempt vehicles;

                     (b)  if the Secretary has issued a notice under regulation 4.17 that is binding on the participant under subregulation 4.17(3) and that specifies goods, persons or vehicles that must be screened at the screening point—the goods, persons or vehicles specified in the notice, other than exempt goods, screening exempt persons or exempt vehicles.

Checks of persons and vehicles to be performed—screening inside the security restricted area

             (6)  If a screening point is operating as mentioned in subregulation (4), the responsible participant must ensure, for each person or vehicle screened, that the same checks that would be required to be performed under regulation 3.16D (if the person or vehicle were entering the area, or the part of the area, at an access control point controlled by the responsible participant) are performed at the screening point.

Offence

             (7)  A person commits an offence if:

                     (a)  the person is a responsible aviation industry participant for a security restricted area at a designated airport; and

                     (b)  a requirement of this regulation applies in relation to the person; and

                     (c)  the person fails to comply with the requirement.

Penalty:  200 penalty units.

3.16F  Offences relating to screening for security restricted areas at designated airports

Entering security restricted area within 24 hours after refusing to be screened

             (1)  A person commits an offence if:

                     (a)  the person is at a screening point operating for the purposes of regulation 3.16E for a security restricted area at a designated airport; and

                     (b)  the person is required, under the Act or these Regulations, to be screened at the screening point; and

                     (c)  the person refuses to be screened at the screening point; and

                     (d)  the person enters the security restricted area within 24 hours after the refusal.

Penalty:  50 penalty units.

Screening authority not operating screening point for security restricted area

             (2)  A person commits an offence if:

                     (a)  the person is a screening authority responsible for operating a screening point for a security restricted area at a designated 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 screening authority does not have in place adequate measures to ensure that persons, goods or vehicles (other than screening exempt persons, exempt goods or exempt vehicles) that are required, under the Act or these Regulations, to be screened, do not enter or remain in the security restricted area without being screened at the screening point.

Penalty:  50 penalty units.

3.16G  Signs at boundaries of security restricted areas at designated airports

             (1)  A person commits an offence if:

                     (a)  the person is a responsible aviation industry participant for a security restricted area at a designated airport; and

                     (b)  the person does not ensure that signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (2), 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:  200 penalty units.

             (2)  A sign required by paragraph (1)(b) 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)

3.16H  Airside security awareness training for security restricted areas at designated airports

             (1)  An aviation industry participant (the relevant participant) must ensure that each of the relevant participant’s regular employees completes airside security awareness training in accordance with this regulation if the relevant participant is:

                     (a)  an airport operator of a designated airport; or

                     (b)  an aircraft operator that carries on operations in a security restricted area at a designated airport; or

                     (c)  a body corporate (other than a RACA, an AACA or a known consignor) that is a contractor who provides services to a person mentioned in paragraph (a) or (b).

Meaning of regular employee

             (2)  An employee of the relevant participant is a regular employee at a particular time if the employee has, in the course of performing work for the relevant participant, entered a security restricted area at a designated airport on more than 28 days in the 12 months before that time.

Note:          Certain contractors are treated as employees of aviation industry participants (see the definition of employee in section 9 of the Act).

Meaning of airside security awareness training

             (3)  Airside security awareness training is training in the following matters:

                     (a)  the insider threat and how it relates to airside workers;

                     (b)  security obligations and procedures for workers in security restricted areas;

                     (c)  requirements about weapons and tools of trade;

                     (d)  procedures for identifying and reporting airside security issues;

                     (e)  the importance of a challenge culture.

When airside security awareness training must be completed

             (4)  A regular employee of the relevant participant must complete airside security awareness training as follows:

                     (a)  if the regular employee was an employee of the relevant participant just before the commencement of this regulation—within 24 months after that commencement;

                     (b)  if the regular employee becomes an employee of the relevant participant at a time that is at or after the commencement of this regulation—within 3 months after that time;

                     (c)  in any case—within 24 months after the regular employee last completed airside security awareness training as required by paragraph (a) or (b), or this paragraph.

Offence

             (5)  The relevant participant commits an offence if:

                     (a)  a person enters a security restricted area at a designated airport; and

                     (b)  the person is a regular employee of the relevant participant at the time of the entry; and

                     (c)  the person enters the area in the course of performing duties for the relevant participant; and

                     (d)  the person was required by subregulation (4) to have completed airside security awareness training within a particular period that has expired as at the time of entry; and

                     (e)  the person did not complete the airside security awareness training between the start of that period and the time of entry.

Penalty:  20 penalty units.

3.16J  Record‑keeping requirements

Number of persons and vehicles entering through access control point

             (1)  If an aviation industry participant (other than an airport operator) controls an access control point into a security restricted area at a designated airport, the participant must prepare and maintain records of reasonable estimates of the number of persons and vehicles entering the area through the access control point.

             (2)  The estimates may be based on representative samples if it is not practical for them to be prepared on any other basis.

             (3)  The aviation industry participant (the record‑keeper) must allow a responsible aviation industry participant (the responsible participant) for the security restricted area to inspect the records, if the responsible participant gives the record‑keeper reasonable notice.

Compliance with screening notices

             (4)  A responsible aviation industry participant for a security restricted area at a designated airport must prepare and maintain records sufficient to demonstrate that it has complied, in relation to the security restricted area, with any notice issued by the Secretary under regulation 4.17 that is binding on the participant under subregulation 4.17(3).

Completion of airside security awareness training

             (5)  An aviation industry participant (the relevant participant) that is subject to a requirement under regulation 3.16H must prepare and maintain records for each regular employee (within the meaning of that regulation) of the relevant participant sufficient to demonstrate that the regular employee has completed training in accordance with that regulation.

Form of records

             (6)  A record may be prepared and maintained for the purposes of this regulation in written or electronic form.

How long records must be kept

             (7)  An aviation industry participant must keep a record prepared by the participant for the purposes of this regulation until at least the end of the following period:

                     (a)  for a record prepared for the purposes of subregulation (1)—6 months after the end of the period to which the record relates;

                     (b)  for a record prepared for the purposes of subregulation (4)—2 years after the end of the period to which the record relates;

                     (c)  for a record prepared for the purposes of subregulation (5)—2 years after the regular employee ceases to be a regular employee, or an employee, of the participant (whichever occurs first).

Offence

             (8)  An aviation industry participant commits an offence if:

                     (a)  a requirement of this regulation applies in relation to the participant; and

                     (b)  the participant fails to comply with the requirement.

Penalty:  20 penalty units.

Subdivision 3.3.4Offences relating to airside areas and zones of all security controlled airports

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.

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)  on a person, in a vehicle, or in goods, in or entering a security restricted area at a designated airport—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 sterile area.

             (3)  However, a person may enter 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 is in uniform or 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

Persons who may enter sterile areas or LAGs cleared 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.

             (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.

Additional persons who may enter sterile areas

             (3)  For paragraph 41(2)(c) of the Act, the following persons may enter a cleared area that is 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 is in uniform or 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.

4.12B  Circumstances in which persons are taken to be in a cleared area or cleared zone

                   For the purposes of subsection 41(4) of the Act, the following supervision and control is prescribed for a person (the cleared person), who has received clearance but is not in a cleared area or cleared zone for a period of time, to be taken to be in such an area or zone during that period:

                     (a)  the cleared person must, at all times during the period, be contained in an area that is exempt from being cleared or on a vehicle that is cleared or exempt from being cleared;

                     (b)  the cleared person must, at all times during the period, be under the supervision of a person (the supervisor) who holds a valid red ASIC;

                     (c)  the supervisor must ensure that the person does not, during the period, come into contact with persons or goods that have not been cleared.

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 (other than for a security restricted area at a designated airport), 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)

          (1A)  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 for a security restricted area at a designated airport, in the following form or in the form required by regulation 4.18B:

 

 

Commonwealth of Australia

WARNING!

Screening point in operation

Weapons 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 whichever of subregulation (1) or (1A) is applicable 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 (other than for a security restricted area at a designated airport):

 

 

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)

          (1A)  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 for a security restricted area at a designated airport:

 

 

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 in the security restricted area for a period of 24 hours.

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

             (2)  If the screening authority fails to comply with subregulation (1) or (1A), the screening authority commits an offence.

Penalty:  50 penalty units.

4.18B  Alternative requirements relating to signs for screening points

             (1)  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)

             (2)  For the purposes of subregulations 4.18(1A) and 4.18A(1A), the required form of the sign is:

 

 

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 in the security restricted area for a period of 24 hours.

Weapons 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:

                              (i)  if the cargo is to be unloaded at a category 1 destination—a regulation 4.41JA notice given to the RACA; or

                             (ii)  if the cargo is to be unloaded at a category 2 destination—a regulation 4.41J notice, or a regulation 4.41JA notice, 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 and the cargo is to be unloaded at a category 1 destination—the examination method applied to the cargo by the regulated business and a statement that the cargo was examined in accordance with a regulation 4.41JA notice;

                        (viiia)  if the cargo is required to be examined to receive clearance and the cargo is to be unloaded at a category 2 destination—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 subparagraphs (viii) and (viiia) refer 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)  either:

                              (i)  if the cargo is to be unloaded at a category 1 destination—the RACA has not examined the cargo in accordance with a regulation 4.41JA notice given to the RACA; or

                             (ii)  if the cargo is to be unloaded at a category 2 destination—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—category 2 destinations

             (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 that is to be unloaded at a category 2 destination must be examined by a RACA.

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—category 1 destinations

             (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 that is to be unloaded at a category 1 destination must be examined by a RACA.

Note:          Though these requirements for examination must be met in relation to cargo which is to be unloaded at a category 1 destination, they may also be applied in relation to cargo which is to be unloaded at a category 2 destination—see regulation 4.41CA.

             (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;

                    (fa)  if the RACA controls an access control point into a security restricted area at a designated airport—the requirements mentioned in subregulation (2A);

                     (g)  in any case—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.

Note:          The points of entry into a security restricted area at a designated airport that are access control points are set out in the airport operator’s TSP: see the definition of access control point in regulation 1.03.

          (2A)  For the purposes of paragraph (2)(fa), the requirements are as follows:

                     (a)  the location of each access control point, controlled by the RACA, into the security restricted area;

                     (b)  procedures to confirm the following:

                              (i)  the identity of persons entering the security restricted area through access control points controlled by the RACA;

                             (ii)  that persons, vehicles and things entering the security restricted area through access control points controlled by the RACA are authorised to do so;

                     (c)  procedures to confirm that each person who enters the security restricted area through an access control point controlled by the RACA and who is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area:

                              (i)  holds a valid red ASIC; or

                             (ii)  holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;

                     (d)  if checks are to be performed to confirm the matters mentioned in paragraphs (b) and (c) at a place in the vicinity of an access control point controlled by the RACA—the location of that place.

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;

                     (e)  an aviation security inspector on duty, or a representative of the screening authority, who is lawfully testing the screening system.

             (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)(