Air Navigation Amendment Regulations 1998 (No. 1)
Statutory Rules 1998    No. 321
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Air Navigation Act 1920.
Dated 24 November 1998.
	WILLIAM DEANE
Governor-General
By His Excellency’s Command,
john anderson
Minister for Transport and Regional Services

Air Navigation Amendment Regulations 1998 (No. 1)1
Statutory Rules 1998    No. 3212
made under the
Air Navigation Act 1920

Contents
	Page
	1	Name of regulations	
	2	Commencement	
	3	Amendment of Air Navigation Regulations	
Schedule 1	Amendments of Air Navigation Regulations taken to have commenced on 16 November 1995	
Schedule 2	Amendments of Air Navigation Regulations commencing on gazettal	
Schedule 3	Amendments of Air Navigation Regulations commencing on 29 March 1999	

1	Name of regulations
		These regulations are the Air Navigation Amendment Regulations 1998 (No. 1).
2	Commencement
	(1)	Schedule 1 is taken to have commenced on 16 November 1995.
	(2)	Regulation 1, this regulation, regulation 3 and Schedule 2 commence on gazettal.
	(3)	Schedule 3 commences on 29 March 1999.
3	Amendment of Air Navigation Regulations
		Schedules 1, 2 and 3 amend the Air Navigation Regulations.

Schedule 1	Amendments of Air Navigation Regulations taken to have commenced on 16 November 1995
[1]	Subregulation 315 (2)
	substitute
	(2)	If an aircraft is detained under subregulation (1), it must not be used until the Secretary so approves.
	(3)	The Secretary must not approve the use of an aircraft under subregulation (2) unless the Secretary is satisfied that the Act and these regulations are being complied with.
Schedule 2	Amendments of Air Navigation Regulations commencing on gazettal
[2]	Regulation 1
	substitute
1	Name of regulations
		These regulations are the Air Navigation Regulations 1947.
[3]	Regulation 5, heading
	substitute
	Definitions for regulations
[4]	Regulation 5, definition of registered
	omit
	Civil Aviation Regulations
	insert
	Civil Aviation Regulations 1988
[5]	Regulation 5
	insert
infringement notice means a notice issued under regulation 319C.
infringement notice offence means an offence that is declared by a provision of these regulations to be an infringement notice offence.
[6]	Paragraph 89 (b)
	omit
	Civil Aviation Regulations
	insert
	Civil Aviation Regulations 1988
[7]	Subregulation 107 (1)
	omit
	Civil Aviation Regulations
	insert
	Civil Aviation Regulations 1988
[8]	Part IX, Division 1, heading
	omit
[9]	Regulation 297
	substitute
297	Definitions for Part XVIA
		In this Part:
authorised officer means an officer appointed under regulation 297PA for this Part.
operational means:
	(a)	when used of an airport — that part of the airport is being used:
	(i)	to embark passengers on, or disembark passengers from, a passenger aircraft; or
	(ii)	to load cargo on, or unload cargo from, a passenger aircraft; or
	(b)	when used of a passenger terminal building — that part of the building is being used to move passengers to or from an aircraft; or
	(c)	when used of a screening point — that the screening point is ready for use.
photograph of somebody includes a digital or computerised image of him or her.
primary identification document means a document that meets the criteria in subregulation 297A (2).
secondary identification document means a document that meets the criteria in subregulation 297A (3).
security officer for an airport means:
	(a)	a member or special member of the Australian Federal Police; or
	(b)	a police officer for the State or Territory in which the airport is situated; or
	(c)	an authorised officer for this Part; or
Note   For authorised officer, see regulation 297PA.
	(d)	a member of a uniformed security force for the airport; or
	(e)	a person employed by an issuing body (within the meaning of Division 7) for airport security at the airport.
tertiary identification document means a document that meets the criteria in subregulation 297A (5).
297A	Kinds of identification document
	(1)	This regulation sets out the criteria that a document must meet to qualify as a primary, secondary or tertiary identification document for somebody.
	(2)	The criterion for a primary identification document for somebody is that it is:
	(a)	a certified copy (that is, a copy certified by a Registrar of Births or similar officer to be a correct copy), or an extract, of the entry in a register of births of his or her birth; or
	(b)	a copy (certified under section 44 of the Australian Citizenship Act 1948) of a citizenship certificate granted to him or her; or
	(c)	a document issued to him or her under the law of another country that is evidence, under that law, that he or she is a citizen of that country; or
	(d)	a passport issued to him or her.
	(3)	The criteria for a secondary identification document for somebody (the identified person) are:
	(a)	that it has on it a recent photograph of him or her, or his or her signature; and
	(b)	that it is:
	(i)	a licence (for example, a driver’s licence) issued to him or her under a law of the Commonwealth or a State or Territory; or
	(ii)	a government employee identification document issued to him or her; or
	(iii)	an Australian student identification document issued to him or her; or
	(iv)	a verifiable reference.
	(4)	In subregulation (3):
Australian student identification document means a card or document issued to a student at a tertiary education institution in Australia to identify him or her as a student at the institution.
government employee identification document means a document issued by or for the Commonwealth or a State or Territory to somebody employed by or for the Commonwealth or the State or Territory.
verifiable reference about somebody (the identified person) means a reference from:
	(a)	a bank or similar financial institution; or
	(b)	somebody whose identity has been verified by means of:
	(i)	2 primary identification documents; or
	(ii)	a primary identification document and a secondary identification document; or 
	(iii)	a primary identification document and 2 tertiary identification documents; or
	(c)	a referee acceptable to the person or body that requires the identification of the identified person;
		that:
	(d)	identifies the identified person by name; and
	(e)	certifies that the person who signed the reference has known the identified person by that name for at least 12 months; and
	(f)	is signed by or for the referee and by the identified person.
	(5)	The criteria for a tertiary identification document for somebody are:
	(a)	that it sets out his or her name and address; and
	(b)	that it is:
	(i)	a signed statement by his or her employer or former employer about that employment; or
	(ii)	a copy (certified by a Registrar of Titles or similar officer to be a correct copy) of a record issued under a law about land titles; or
	(iii)	a document issued by a rating authority from its records about land ownership or occupation; or
	(iv)	a document issued by a bank or similar financial institution from its records about a mortgage or other security that he or she gave to the bank or institution; or
	(v)	an extract from the electoral roll compiled by the Australian Electoral Office; or
	(vi)	a record issued under a law in force in Australia other than a law about land titles.
[10]	Regulation 297J
	omit
[11]	After regulation 297P
	insert
297PA	Authorised officers — appointment
	(1)	The Secretary may appoint, in writing, an officer of the Department to be an authorised officer for this Part.
	(2)	The Secretary must issue to an authorised officer an identity card that:
	(a)	shows a recent photograph of the officer; and
	(b)	says that the holder of the card is an authorised officer for this Part.
	(3)	If, immediately before this subregulation commenced, an officer was an authorised officer for Division 4, the officer is taken to be an authorised officer for this Part until the authorisation is revoked.
297PB	Return of authorised officer’s identity card
		A person who ceases to be an authorised officer must return his or her identity card to the Secretary.
Penalty:   1 penalty unit.
297PC	Proof of authorised officer’s authority
		An authorised officer is not entitled to exercise a power under this Part in relation to a person unless the authorised officer first shows the person his or her identity card.
Note   An authorised officer must also properly display a valid ASIC: see regulation 311CSB.
[12]	Regulations 311, 311A and 311B
	omit
[13]	Paragraph 311C (2) (c)
	substitute
	(c)	a regulated agent (within the meaning of Division 3);
	(d)	an issuing body (within the meaning of Division 7).
[14]	Subregulation 311CAA (1)
	substitute
	(1)	In addition to his or her powers under regulation 311C, an authorised officer may exercise a power mentioned in subregulation (2), in relation to an aircraft operator’s aircraft at a categorised airport, at any reasonable time after giving notice to the operator, to ensure that the operator is complying with:
	(a)	the Act or these regulations; or
	(b)	an instrument made under the Act or these regulations.
Note   An authorised officer must properly display a valid ASIC: see regulation 311CSB.
[15]
Note   Omit the note after subregulation 311CAAA (3), and insert
Note   Regulation 297PC requires an authorised officer to show his or her identity card to a person before exercising a power under this Part in relation to the person.
[16]	Part XVIA, Division 5, heading
	substitute
Division 5	Categorised airports
[17]	Part XVIA, Division 5, before regulation 311CD
	insert
Subdivision 1	Preliminary
311CBA	Definitions for Division 5
		In this Division:
airside controlled area of an airport means:
	(a)	the parts of the airport (including runways, taxiways, aircraft movement areas, aircraft parking areas and aircraft maintenance areas) used for taking-off, landing, moving, parking and storing of aircraft to which section 20 of the Act applies; and
	(b)	any part of the airport that is adjacent to a part of the airport mentioned in paragraph (a), and into which a member of the public is not generally allowed to go unescorted, but not including:
	(i)	a building or part of a building; or
	(ii)	an area separated from an area referred to in paragraph (a) by a wall, fence or other barrier; and
	(c)	any building or enclosed area that is entirely inside an area described in paragraph (a) or (b).
Note   Subsection 20 (1) of the Act is as follows:
‘20	Screening of passengers and their possessions
	(1)	This section applies to an aircraft that is:
	(a)	a regular public transport aircraft that:
	(i)	is fitted to carry 100 or more passengers; and
	(ii)	is not engaged in an international flight; or
	(b)	a regular public transport aircraft that is engaged in an international flight; or
	(c)	a charter aircraft that:
	(i)	is fitted to carry 100 or more passengers; and
	(ii)	is not engaged in an international flight; or
	(d)	a charter aircraft that:
	(i)	is fitted to carry 38 or more passengers; and
	(ii)	is engaged in an international flight.’.
Subdivision 2	Entry to categorised airports
311CBB	Definition for Subdivision
		In this Subdivision:
security sensitive area of a categorised airport means:
	(a)	the airside controlled area of the airport; or
	(b)	a sterile area of the airport.
Note   For the meaning of sterile area, see section 21 of the Act.
311CBC	Meaning of person in charge of an area
		For this Subdivision, a person is taken to be in charge of a security sensitive area, or part of a security sensitive area, of a categorised airport if:
	(a)	in the case of a part of such an area that is subject to a lease or licence — the person is the lessee or licensee of the part; or
	(b)	in the case of a part of such an area that is used for the purpose of a regular public transport operation, or a charter operation — the person is the operator of the operation; or
	(c)	the person is the airport operator.
311CBD	Entry to certain parts of categorised airports prohibited
	(1)	Except with lawful excuse, a person must not enter a security sensitive area, or a part of such an area, of a categorised airport, without the permission of a person in charge of the area or part.
Penalty:   10 penalty units.
	(2)	Except with lawful excuse, a person must not stay in a security sensitive area, or a part of such an area, of a categorised airport after being asked by a person in charge of the area or part to leave the area or part.
Penalty:   10 penalty units.
	(3)	A contravention of subregulation (1) or (2) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 1 penalty unit.
311CBE	Taking vehicles into certain parts of categorised airports prohibited
	(1)	Except with lawful excuse, a person must not take a vehicle into a security sensitive area, or a part of such an area, of a categorised airport, without the permission of a person in charge of the area or part.
Penalty:   10 penalty units.
	(2)	Except with lawful excuse, a person must not leave a vehicle in a security sensitive area, or a part of such an area, of a categorised airport after being asked by a person in charge of the area or part to remove the vehicle from the area or part.
Penalty:   10 penalty units.
	(3)	A contravention of subregulation (1) or (2) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 1 penalty unit.
311CBF	Security officer may remove person from certain areas
	(1)	A security officer for a categorised airport may remove a person from a security sensitive area, or a part of such an area, of the airport if the person:
	(a)	is asked by the security officer, or a person in charge of the area or part, to leave the area or part; and
	(b)	does not leave the area or part at once.
	(2)	However, in removing somebody, the security officer must not use more force, or subject him or her to greater indignity, than is necessary and reasonable.
	(3)	Before removing somebody from the area or part of the area, a security officer who is not an authorised officer must show him or her:
	(a)	an identity card that displays a recent photograph of the officer; or
	(b)	another appropriate form of identification.
Note   Regulation 297PC requires an authorised officer to show his or her identity card to a person before exercising a power under this Part in relation to the person.
311CBG	Security officer may remove vehicle from certain areas
	(1)	A security officer for a categorised airport may remove a vehicle from a security sensitive area, or a part of such an area, of the airport if:
	(a)	the officer, or a person in charge of the area, has asked the person in control of the vehicle to remove the vehicle from the area or part; and
	(b)	the person does not remove it from the area or part at once.
	(2)	Before removing a vehicle from an area or part of an area, a security officer who is not an authorised officer must show the person in control of the vehicle:
	(a)	an identity card that displays a recent photograph of the officer; or
	(b)	another appropriate form of identification.
Note   Regulation 297PC requires an authorised officer to show his or her identity card to a person before exercising a power under this Part in relation to the person.
	(3)	Also, a security officer for a categorised airport may remove a vehicle from a security sensitive area, or a part of such an area, of the airport if the officer has made all reasonable efforts to find the person in control of the vehicle, but he or she has not been found.
	(4)	In removing a vehicle under this regulation, the security officer must not use more force, or subject anybody in charge of it to greater indignity, than is necessary and reasonable.
	(5)	Also, the officer must make all reasonable efforts to avoid damaging the vehicle.
Subdivision 3	Prescribed security requirements for categorised airports
[18]	After paragraph 311CD (j)
	insert
	(ja)	identifying anybody who, and any vehicle that, enters:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
	(jb)	preventing unauthorised people or vehicles from entering:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
[19]	After paragraph 311CE (g)
	insert
	(ga)	identifying anybody who, and any vehicle that, enters:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
	(gb)	preventing unauthorised people or vehicles from entering:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
[20]	After paragraph 311CF (g)
	insert
	(ga)	identifying anybody who, and any vehicle that, enters:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
	(gb)	preventing unauthorised people or vehicles from entering:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
[21]	Paragraph 311CG (d)
	substitute
	(a)	requiring everybody who enters a security restricted area to identify himself or herself before doing so;
	(b)	identifying people who, and vehicles that, enter:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
	(c)	preventing unauthorised people or vehicles from entering:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
[22]	Paragraph 311CH (d)
	substitute
	(a)	requiring everybody who enters a security restricted area to identify himself or herself before doing so;
	(b)	identifying people who, and vehicles that, enter:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
	(c)	preventing unauthorised people or vehicles from entering:
	(i)	the airside controlled area of the airport; and
	(ii)	other areas important to the security of the airport;
[23]	Subregulation 311CN (2)
	omit
[24]	Regulation 311CP
	omit each mention of
	authorised officer
	insert
	authorised person
[25]	Part XVIA, after Division 6
	insert
Division 7	Access to security restricted areas of airports
Subdivision 1	Preliminary
311CRA	Definitions for Division 7
	(1)	In this Division:
ASIC means:
	(a)	a security identification card; or
	(b)	a visitor identification card.
ASIC program has the meaning given by regulation 311CRD, and includes a program of that type as varied under regulation 311CRG or 311CRH.
holder, of an ASIC, means the person to whom it is issued.
issuing body means a person authorised under regulation 311CRF to issue ASICs.
program purposes, for an ASIC program, means the purposes mentioned in regulation 311CRD.
security identification card means a card of that type issued under this Division.
unlawful non-citizen has the same meaning as in the Migration Act 1958.
Note   See sections 13, 14 and 15 of that Act.
visitor identification card means a card of that type issued under this Division.
	(2)	For this Division, an ASIC applies to a place if it shows that the person it is issued to is authorised to be in the place.
Note   Unless the contrary intention appears, words and expressions defined in the Act and used in this Division have the same meaning as they do in the Act: see Acts Interpretation Act 1901, paragraph 46 (1) (a). For example, subsection 3 (1) of the Act defines aircraft operator, airport operator, aviation security and security restricted area. For uniformed security force, see section 3AF of the Act.
311CRB	Meaning and extended meaning of valid ASIC
	(1)	In this Division:
valid, used about an ASIC, means:
	(a)	issued under this Division; and
	(b)	not expired or cancelled; and
	(c)	not altered or defaced (permanently or temporarily).
	(2)	However, in a provision of this Division that refers to somebody displaying or showing a valid ASIC, valid ASIC means an ASIC that:
	(a)	is valid (within the meaning given by subregulation (1)); and
	(b)	was issued to him or her; and
	(c)	applies to the place where he or she is.
Note   For applies to a place, used about an ASIC, see subregulation 311CRA (2).
311CRC	Offences of strict liability
	(1)	If a provision of this Division says that an offence is an offence of strict liability:
	(a)	there is no mental element (that is, intention, knowledge or recklessness) for any act or omission that constitutes the offence; and
	(b)	the defence of mistake of fact is available.
	(2)	An offence created by this Division is not an offence of strict liability (within the meaning given by subregulation (1)) if nothing in this Division says so.
	(3)	The defence of mistake of fact is available for all offences created by this Division.
Subdivision 2	ASIC programs
311CRD	What an ASIC program is
		For this Division, the ASIC program of an issuing body is a program that sets out the resources to be used, and the procedures to be followed, by the body for the following purposes:
	(a)	preventing unauthorised people entering security restricted areas at airports;
	(b)	ensuring that somebody authorised to be in a security restricted area at an airport is adequately supervised while he or she is in the area;
	(c)	making it easier to identify people in security restricted areas at airports through the use of ASICs;
	(d)	ensuring maximum recognition for ASICs issued by the body by ensuring that ASICs of a particular kind issued by the body are of a nationally identical design for ASICs of that kind;
	(e)	ensuring that somebody in a security restricted area at an airport has a lawful reason to be there;
	(f)	ensuring that somebody in a security restricted area at an airport complies with this Part (for example, by complying with requirements about the use and display of an ASIC);
	(g)	preventing activities, in security restricted areas at airports, that could result in an unlawful interference with aviation;
Note   Acts that amount to an unlawful interference with aviation are set out in section 3AE of the Act.
	(h)	ensuring that accurate records are kept of:
	(i)	how many ASICs are issued by the body, and what kind they are; and
	(ii)	to whom they are issued.
311CRE	Application for authorisation to issue ASICs
	(1)	An airport operator, aircraft operator or other person may apply, in writing, to the Secretary for authorisation to issue ASICs to people in a class mentioned in the authorisation.
	(2)	An application must be accompanied by a statement setting out the applicant’s proposed ASIC program.
311CRF	Decision on an application
	(1)	Within 30 days after receiving an application, the Secretary must:
	(a)	authorise, or refuse to authorise, the applicant; and
	(b)	tell the applicant in writing of the decision and, if the decision is a refusal, the reasons for it.
	(2)	If the applicant is an airport operator, the Secretary must authorise the applicant if:
	(a)	an airport operated by the applicant has a security restricted area; and
	(b)	the applicant’s proposed ASIC program is apparently adequate to give effect to the program purposes; and
	(c)	authorising the applicant would not be likely to be a significant threat to aviation security.
	(3)	If the applicant is not an airport operator, the Secretary must not authorise the applicant unless:
	(a)	the applicant is an aircraft operator, or another person who may appropriately be authorised to issue ASICs; and
	(b)	the applicant controls a security restricted area, or part of a security restricted area, of an airport, or reasonably needs on-going access to such an area or part of such an area; and
	(c)	it appears that the ASICs that the applicant proposes to issue cannot more appropriately be issued by an airport operator; and
	(d)	the applicant’s proposed ASIC program is apparently adequate to give effect to the program purposes; and
	(e)	authorising the applicant would not be likely to be a significant threat to aviation security.
	(4)	For paragraph (3) (c), the Secretary must consider:
	(a)	how many ASICs, and of what kinds, the applicant proposes to issue; and
	(b)	the respective resources of the applicant and the relevant airport operator; and
	(c)	the desirability of having as few issuing bodies as practicable at a time.
	(5)	The Secretary may authorise a person as an issuing body subject to a condition mentioned in the authorisation.
	(6)	A person (except the Secretary) must not issue an ASIC, or a card purporting to be an ASIC, unless the person is the holder of an authorisation that is in force.
Penalty:   45 penalty units.
	(7)	A contravention of subregulation (6) is an offence of strict liability.
311CRG	Direction to vary ASIC program
	(1)	If an issuing body’s ASIC program is not adequate to give effect, in all circumstances, to any 1 or more of the program purposes, the Secretary may direct the body, in writing, to vary the program.
	(2)	The Secretary must not give such a direction in relation to a program purpose unless the variation is appropriate to make the program adequate for that purpose.
	(3)	A direction must:
	(a)	indicate the variation needed; and
	(b)	state the time within which the issuing body must submit an appropriately varied program to the Secretary.
	(4)	An issuing body must comply with such a direction.
Note   Regulation 311CRJ provides for the revocation of the authorisation of a body that does not comply with a direction.
311CRH	Variation of ASIC program by issuing body
	(1)	An issuing body may:
	(a)	review its ASIC program at any time; and
	(b)	submit a written proposed variation of the program to the Secretary for approval.
	(2)	Before the end of 30 days after receiving the proposed variation, the Secretary must:
	(a)	approve or refuse to approve the variation; and
	(b)	tell the applicant in writing of the decision and, if the decision is a refusal, the reasons for it.
	(3)	The Secretary must approve the variation if the program, as varied, will give effect to the program purposes.
311CRI	Issuing body to give effect to ASIC program unless exempted
	(1)	An issuing body must give effect to its ASIC program.
Penalty:   45 penalty units.
	(2)	A contravention of subregulation (1) is an offence of strict liability.
	(3)	However, an issuing body may apply, in writing, to the Secretary for exemption from giving effect to its ASIC program in a particular case or respect.
	(4)	Within 30 days after receiving an application, the Secretary must:
	(a)	give or refuse the exemption; and
	(b)	tell the body in writing of the decision and, if the decision is a refusal, the reasons for it.
	(5)	The Secretary may also give, on his or her own initiative, an issuing body a written exemption from giving effect to its ASIC program in a particular case or respect.
	(6)	Before giving or refusing an exemption under this regulation, the Secretary must consider:
	(a)	the justification for the proposed exemption; and
	(b)	the likely effect of the proposed exemption on each of the program purposes; and
	(c)	how long the proposed exemption will be for, if it is granted; and
	(d)	anything else relevant that the Secretary knows about.
	(7)	The Secretary may give an exemption for a particular period and subject to a condition mentioned in the exemption.
311CRJ	Secretary may revoke issuing body’s authorisation
	(1)	If an issuing body is an airport operator, the Secretary must revoke the operator’s authorisation if:
	(a)	no airport operated by the body has a security restricted area; or
	(b)	the body’s ASIC program is apparently no longer adequate to give effect to a program purpose, and it is unlikely that a direction under regulation 311CRG will make the program adequate for that purpose; or
	(c)	allowing the body’s authorisation to continue would be likely to be a significant threat to aviation security; or
	(d)	the body does not comply with a direction of the Secretary under regulation 311CRG.
	(2)	If an issuing body is not an airport operator, the Secretary must revoke the body’s authorisation if:
	(a)	the body is no longer a person that may appropriately be authorised to issue ASICs; or
	(b)	the body no longer controls a security restricted area, or part of a security restricted area, of an airport, nor reasonably requires on-going access to such an area or part of an area; or
	(c)	the ASICs being issued by the body can more appropriately be issued by an airport operator; or
	(d)	allowing the body’s authorisation to continue would be likely to be a significant threat to aviation security; or
	(e)	the body’s ASIC program is apparently no longer adequate to give effect to a program purpose, and it is unlikely that a direction under regulation 311CRG will make the program adequate for that purpose; or
	(f)	the body does not comply with a direction of the Secretary under regulation 311CRG.
	(3)	The Secretary may revoke the authorisation of an issuing body if the body contravenes:
	(a)	this Division; or
	(b)	a condition of its authorisation.
	(4)	For subregulation (3), the Secretary must consider:
	(a)	the kind and seriousness of the contravention; and
	(b)	whether the issuing body has previously contravened this Division or a condition of its authorisation.
	(5)	As soon as practicable after revoking the authorisation of a body under this regulation, the Secretary must tell the body in writing of the revocation and the reasons for it.
	(6)	The revocation takes effect when written notice of the revocation is given to the person.
311CRK	Revocation of authorisation at request of holder
	(1)	The Secretary must revoke the authorisation of a body to issue ASICs if the person asks the Secretary, in writing, to do so.
	(2)	A revocation under subregulation (1) takes effect when the request was made.
311CRL	Re-applying for authorisation
		A body whose authorisation is revoked may apply under regulation 311CRE for a new authorisation.
Subdivision 3	ASICs: issue, expiry and cancellation
311CRM	Definitions for Subdivision 3
		In this Subdivision:
conviction (of a person for an offence) has the meaning given by subsection 85ZM (1) of the Crimes Act 1914, but does not include:
	(a)	a spent conviction (within the meaning given by subsection 85ZM (2) of that Act); or
	(b)	a conviction for an offence of which, under a law relating to pardons or quashed convictions, he or she is taken never to have been convicted.
Note 1   Under the definition of conviction in subsection 85ZM (1) of the Crimes Act 1914, somebody is also taken to have been convicted of an offence if he or she has been convicted of the offence but no conviction has been recorded, and if a court has taken the offence into account in sentencing him or her for another offence: see paragraphs 85ZM (1) (b) and (c).
Note 2   Under Part VIIC of the Crimes Act 1914, if somebody receives a free and absolute pardon for an offence against a law of the Commonwealth or a Territory because he or she was wrongly convicted of the offence, he or she is taken for all purposes never to have been convicted — see section 85ZR of that Act.
Note 3   Under that Act, a person need not disclose convictions that:
	(a)	have been quashed (see s 85ZT); or
	(b)	are spent (see s 85ZV).
sentence includes a suspended sentence.
Subdivision 3 offence means an offence of a kind mentioned in the following Table against a law of the Commonwealth, or of a State or Territory, or of any other country or part of a country:
Item	Kind of offence	
1	An offence involving dishonesty	
2	An offence involving violence or a threat of violence	
3	An offence involving intentional damage to property or a threat of damage to property	
4	An offence constituted by the production, possession, supply, import or export of a substance that is:
(a)	a narcotic substance within the meaning of the Customs Act 1901; or
(b)	a drug within the meaning of:
	(i)	regulation 10 of the Customs (Prohibited Exports) Regulations; or
	(ii)	regulation 5 of the Customs (Prohibited Imports) Regulations	
5	An offence, of a kind dealt with in Part II of the Crimes Act 1914, against the Government of:
(a)	the Commonwealth or a State or Territory; or
(b)	a country or part of a country other than Australia	
311CRN	Issue of ASICs — issuing body
		An issuing body may issue ASICs only in accordance with its ASIC program.
311CRO	Security identification cards — issue by issuing body
	(1)	An issuing body may issue a security identification card to somebody for all or part of 1 or more security restricted areas at an airport, or at more than 1 airport.
	(2)	However, an issuing body may issue a security identification card to somebody only if:
	(a)	he or she needs to enter, for his or her employment, a security restricted area, or part of a security restricted area, to which the card will apply; and
	(b)	he or she is not an unlawful non-citizen; and
Note   For the meaning of unlawful non-citizen, see regulation 311CRA.
	(c)	he or she has verified his or her identity by means of:
	(i)	2 primary identification documents; or
	(ii)	a primary identification document and a secondary identification document; or
	(iii)	a primary identification document and 2 tertiary identification documents; and
	(d)	issuing the card to him or her would not be a significant threat to aviation security.
Penalty:   45 penalty units.
	(3)	Also, if an issuing body proposes to issue a security identification card to somebody who:
	(a)	was convicted of a Subdivision 3 offence during the relation-back period (within the meaning given by regulation 311CRP) for him or her and the offence; and
	(b)	was sentenced to imprisonment for the offence for more than 7 days;
		the body must not issue the card to him or her unless the Secretary approves the issue of the card under regulation 311CRQ.
Penalty:   45 penalty units.
	(4)	A contravention of subregulation (2) or (3) is an offence of strict liability.
	(5)	The issue of a security identification card may be subject to a condition notified by the issuing body to the holder.
	(6)	If a security identification card is issued subject to a condition, the notice of the condition must be in writing.
311CRP	Relation-back period
	(1)	For regulation 311CRO, the length of the relation-back period for a person and a conviction is:
	(a)	for a conviction for which he or she was dealt with as a minor — 5 years; or
	(b)	for any other conviction — 10 years.
	(2)	For regulation 311CRO, the relation-back period in relation to the proposed issue of a security identification card to somebody ends at the end of the day before the day on which it is proposed to issue the card to him or her.
	(3)	However, if subregulation (4) applies to somebody, the relation-back period for the issue of a security identification card to him or her:
	(a)	begins on the day on which this Division commences; and
	(b)	ends at the end of the day before the day on which it is proposed to issue the card to him or her.
	(4)	This subregulation applies to somebody who:
	(a)	on the day this Division commences, held a card that is taken, under regulation 311CRU, to be a security identification card; and
	(b)	held that card, or first that card and then a valid security identification card issued in its place under this Division, continuously since this Division commenced.
	(5)	To avoid doubt, subregulation (4) does not cease to apply to somebody if he or she is issued with a security identification card that takes effect immediately after the expiry of another security identification card (including a card that is taken, for this Division, to be such a card) held by him or her (whether or not the cards apply to the same security restricted area, or the same part of such an area).
311CRQ	Security identification cards — Secretary’s approval of issue
	(1)	If a person is not eligible to be issued a security identification card only because of subregulation 311CRO (3), an issuing body may apply to the Secretary, in writing, for approval to issue a security identification card to the person.
Note   Subregulation 311CRO (3) prevents the issue of such a card to somebody who has been convicted of a Subdivision 3 offence. For Subdivision 3 offence, see regulation 311CRM.
	(2)	If the Secretary needs more information to deal with an application, the Secretary may ask the issuing body, in writing, to provide the information.
	(3)	Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (2), after receiving the information), the Secretary must:
	(a)	approve, or refuse to approve, in writing, the issuing of the security identification card; and
	(b)	tell the issuing body in writing of the decision and, if the decision is a refusal, the reasons for it.
	(4)	Before approving or refusing to approve the issue of the card, the Secretary must consider:
	(a)	the nature of the offence the person was convicted of; and
	(b)	the length of the term of imprisonment imposed on him or her; and
	(c)	if he or she has served the term, or part of the term — how long it is, and his or her conduct and employment history, since he or she did so; and
	(d)	if the whole of the sentence was suspended — how long the sentence is, and his or her conduct and employment history, since the sentence was imposed; and
	(e)	anything else relevant that the Secretary knows about.
	(5)	The Secretary may give an approval subject to a condition, but must tell the issuing body in writing about the condition.
311CRR	Visitor identification cards
	(1)	An issuing body may issue a visitor identification card to somebody for a security restricted area, or part of a security restricted area, of an airport.
	(2)	However, a visitor identification card may be issued to him or her only if:
	(a)	he or she needs to enter the area, or part of the area, for a lawful purpose; and
	(b)	he or she will be supervised by the holder of a valid security identification card while in the area or the part of the area.
	(3)	An issuing body must not issue a visitor identification card to somebody in contravention of subregulation (2).
Penalty:   45 penalty units.
	(4)	A contravention of subregulation (3) is an offence of strict liability.
	(5)	The issue of a visitor identification card may be subject to a condition notified by the issuing body to the holder.
	(6)	If a visitor identification card is issued subject to a condition, notice of the condition may be given orally.
311CRS	Issue of ASICs — Secretary
	(1)	The Secretary may issue a security identification card to an officer of the Department for all or part of 1 or more security restricted areas at an airport, or at more than 1 airport.
	(2)	However, the Secretary may issue a security identification card to the officer only if the officer is somebody to whom, under regulation 311CRO, an issuing body could issue the card.
	(3)	The Secretary may issue a visitor identification card to somebody for a security restricted area, or part of a security restricted area, of an airport.
	(4)	However, the Secretary may issue a visitor identification card to somebody only if he or she is somebody to whom, under subregulation 311CRR (2), an issuing body could issue the card.
	(5)	The Secretary may issue an ASIC subject to a condition. 
	(6)	If a security identification card is issued subject to a condition, the Secretary must tell the holder about the condition in writing.
	(7)	If a visitor identification card is issued subject to a condition, the Secretary may tell the holder about the condition orally.
311CRT	ASICs — period of issue and expiry
	(1)	An ASIC may be issued for up to 5 years.
	(2)	Unless earlier cancelled, an ASIC expires:
	(a)	at the end of the day, or the last day of the period, specified on it; or
	(b)	for a visitor identification card that does not have a day or period specified on it — at the time when, or the end of the period after which, the Secretary or issuing body tells the holder that it will expire; or
	(c)	for a security identification card that does not have a day or period specified on it — at the end of 5 years after its issue.
311CRU	Transitional — cards issued before this Division commences
	(1)	In this regulation:
superseded card means a card that:
	(a)	was issued to somebody, before this regulation commenced, by an airport operator (including the Federal Airports Corporation), an aircraft operator or the Secretary to allow him or her to enter a security restricted area, or part of a security restricted area, of an airport unescorted; and
	(b)	bears a recent photograph of him or her by which he or she can be identified.
	(2)	If, immediately before this regulation commenced, somebody was the holder of a superseded card for a security restricted area, or part of a security restricted area, of an airport, and the card has not expired nor been cancelled, the card is taken:
	(a)	to be a security identification card for the area or part; and
	(b)	to continue in effect (unless sooner cancelled) until:
	(i)	when, except for this regulation, it would have ceased to have effect; or
	(ii)	the holder is issued a security identification card under regulation 311CRO or 311CRS; and
	(c)	to continue to be subject to any condition to which the card was subject immediately before this regulation commenced.
311CRV	Cancellation of ASICs by issuing body
	(1)	An issuing body must cancel an ASIC issued by the body if:
	(a)	the body finds out that the ASIC was not issued in accordance with the body’s ASIC program or this Division; or
	(b)	use of the ASIC by the holder is a significant threat to aviation security; or
	(c)	for a security identification card:
	(i)	the holder no longer needs to enter the security restricted area, or the part of a security restricted area, of an airport to which the card applies, for his or her employment; or
	(ii)	the holder becomes an unlawful non-citizen; or
Note   For the meaning of unlawful non-citizen, see regulation 311CRA.
	(iii)	the holder is convicted of a Subdivision 3 offence for which he or she is sentenced to a term of imprisonment of more than 7 days; or
	(d)	for a visitor identification card:
	(i)	the holder no longer needs to enter the security restricted area, or the part of a security restricted area, of an airport to which the card applies, for a lawful purpose; or
	(ii)	the holder is not being, or will not be, supervised by the holder of a valid security identification card while in the area or part.
	(2)	An issuing body may cancel an ASIC issued by the body if:
	(a)	the holder contravenes this Division, or a condition of the ASIC; or
	(b)	the ASIC is altered or defaced (permanently or temporarily).
	(3)	For paragraph (2) (a), the issuing body must consider:
	(a)	the kind and seriousness of the contravention; and
	(b)	whether the holder has previously contravened this Division or a condition of the ASIC.
	(4)	As soon as practicable after an issuing body cancels an ASIC under subregulation (1) or (2), the body must tell the holder that the card has been cancelled and why.
	(5)	A cancellation under subregulation (1) or (2) takes effect when the holder is told of it.
311CRW	Cancellation of ASICs by issuing body at holder’s request
	(1)	An issuing body must cancel an ASIC issued by the body if the holder of the ASIC asks the body to cancel it.
	(2)	A cancellation under subregulation (1) takes effect when the request was made.
311CRX	Cancellation of ASICs by Secretary
	(1)	The Secretary must cancel an ASIC issued by the Secretary if:
	(a)	the Secretary finds out that the ASIC was not issued in accordance with this Division; or
	(b)	possession of the ASIC by the holder is a significant threat to aviation security; or
	(c)	for a security identification card:
	(i)	the holder no longer needs to enter the security restricted area, or the part of a security restricted area, of an airport to which the card applies, for his or her employment; or
	(ii)	the holder becomes an unlawful non-citizen; or
Note   For the meaning of unlawful non-citizen, see regulation 311CRA.
	(iii)	the holder is convicted of a Subdivision 3 offence for which he or she is sentenced to a term of imprisonment of more than 7 days; or
	(d)	for a visitor identification card:
	(i)	the holder no longer needs to enter the security restricted area, or the part of a security restricted area, of an airport to which the card applies, for a lawful purpose; or
	(ii)	the holder is not being, or will not be, supervised by the holder of a valid security identification card while in the area, or part of the area.
	(2)	The Secretary may cancel an ASIC issued by the Secretary if:
	(a)	the holder contravenes this Division, or a condition of the ASIC; or
	(b)	the ASIC is altered or defaced (permanently or temporarily).
	(3)	For paragraph (2) (a), the Secretary must consider:
	(a)	the kind and seriousness of the contravention; and
	(b)	whether the holder has previously contravened this Division or a condition of the ASIC.
	(4)	As soon as practicable after cancelling an ASIC under subregulation (1) or (2), the Secretary must tell the holder that the card has been cancelled and why.
	(5)	A cancellation under subregulation (1) or (2) takes effect when the holder is told of it.
311CRY	Cancellation of ASIC by Secretary at holder’s request
	(1)	The Secretary must cancel an ASIC issued by the Secretary if the holder of the ASIC asks the Secretary to cancel it.
	(2)	A cancellation under subregulation (1) takes effect when the request was made.
311CRZ	Security identification card holder convicted of Subdivision 3 offence
		If the holder of a security identification card is convicted of a Subdivision 3 offence, for which he or she is sentenced to a term of imprisonment of more than 7 days, he or she must tell the issuing body, or (if the card was issued by the Secretary) the Secretary, in writing of the conviction and sentence as soon as possible.
Penalty:   5 penalty units.
Subdivision 4	Display and use of ASICs
311CSA	What properly displaying means
	(1)	For this Subdivision, somebody is properly displaying an ASIC only if it is attached to his or her outer clothing:
	(a)	at waist height or above; and
	(b)	at the front or side of his or her body; and
	(c)	with the front face of the card clearly visible.
	(2)	However, somebody is not properly displaying an ASIC if material adhering to the ASIC obscures the photograph or anything else on it.
311CSB	Persons required to display ASICs
	(1)	Subject to regulations 311CSC, 311CSD, 311CSE and 311CSF, everybody (including an authorised officer) in a security restricted area of an airport must properly display a valid ASIC.
Penalty:   5 penalty units.
Note   For properly displaying, see regulation 311CSA; for valid ASIC, see regulation 311CRB.
	(2)	A contravention of subregulation (1) is an offence of strict liability.
	(3)	A contravention of subregulation (1) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 1 penalty unit.
	(4)	To avoid doubt, nothing in subregulation (1) affects an authorised officer’s obligation to show somebody his or her identity card before exercising a power under this Part.
Note   Regulation 297PC requires an authorised officer to show his or her identity card to somebody before exercising a power under this Part in relation to him or her.
311CSC	Police officer in uniform
		Despite regulation 311CSB, a police officer in uniform who is carrying out his or her duty as a police officer need not display an ASIC in a security restricted area of an airport.
311CSD	Aircrew of foreign and state aircraft
		Despite regulation 311CSB, each of the following people need not display an ASIC in a security restricted area of an airport:
	(a)	a crew member 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 on duty; and
	(ii)	is in the uniform of the aircraft operator; and
	(iii)	displays appropriate identification issued, or authorised, by the aircraft operator;
	(b)	a crew member of a state aircraft who:
	(i)	is on duty; and
	(ii)	is in uniform; and
	(iii)	displays appropriate identification issued, or authorised, by the defence force or service of which he or she is a member.
311CSE	Intending passengers on RPT, state and foreign aircraft
	(1)	In this regulation:
intending passenger means somebody to whom a ticket or other authorisation has been issued, for travel on a flight of a state aircraft, or an aircraft engaged in a regular public transport operation or a charter operation.
	(2)	Despite regulation 311CSB, an intending passenger need not display an ASIC in a security restricted area of an airport if:
	(a)	he or she is directed to enter the area by:
	(i)	somebody who properly displays a valid security identification card; or
	(ii)	somebody who the intending passenger has reason to believe to be authorised to supervise intending passengers in the area; or
	(iii)	if the aircraft on which the intending passenger will travel is a foreign aircraft or a state aircraft — a crew member described in paragraph 311CSD (a) or (b); and
	(b)	while he or she is in the area, he or she is generally supervised by somebody referred to in subparagraph (a) (i), (ii) or (iii).
	(3)	An aircraft operator must ensure that, as far as practicable, an intending passenger for the flight of an aircraft operated by the operator does not enter, or stay in, a security restricted area of an airport unless the intending passenger:
	(a)	holds, and properly displays, a valid security identification card; or
	(b)	is directed to enter the area, and while in the area is supervised, by:
	(i)	somebody who properly displays a valid security identification card; or
	(ii)	if the aircraft is a foreign aircraft or state aircraft — a crew member described in paragraph 311CSD (a) or (b).
Penalty:   10 penalty units.
	(4)	A contravention of subregulation (3) is an offence of strict liability.
311CSF	Secretary may give exemption from requirement to display ASIC
	(1)	Despite regulation 311CSB, somebody to whom the Secretary has given an exemption under this regulation need not display an ASIC in a security restricted area, or part of the security restricted area, of an airport.
	(2)	A person may apply, in writing, to the Secretary for a written exemption from displaying an ASIC in such an area or part of such an area.
	(3)	Within 30 days after receiving an application, the Secretary must:
	(a)	give or refuse the exemption; and
	(b)	tell 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 somebody a written exemption from displaying an ASIC in a security restricted area of an airport.
	(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 mentioned in the exemption; or
	(b)	limited to part of a security restricted area of a particular airport.
311CSG	Other cards not to be used as ASICs
	(1)	A person must not intentionally use an identity card, or another type of card, to gain access to a security restricted area of an airport, if he or she knows or believes that the card is not a valid ASIC.
Penalty:   10 penalty units.
	(2)	A contravention of subregulation (1) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 1 penalty unit.
311CSH	Use of ASIC by holder
	(1)	The holder of a security identification card must not enter, or stay in, a security restricted area of an airport other than for his or her employment.
Penalty:   5 penalty units.
	(2)	The holder of a visitor identification card must not enter, or stay in, a security restricted area, of an airport:
	(a)	other than for a lawful purpose; and
	(b)	unless he or she is supervised by somebody who properly displays a valid security identification card.
Penalty:   5 penalty units.
	(3)	A contravention of subregulation (1) or (2) is an offence of strict liability.
311CSI	Return of security identification card that has expired etc
	(1)	The holder of a security identification card must return the card to the person that issued it (that is, the issuing body or the Secretary), as soon as practicable, if:
	(a)	the card expires; or
	(b)	the holder is told that the card is cancelled; or
	(c)	the card is altered or defaced (permanently or temporarily); or
	(d)	the holder no longer needs to enter the security restricted area or part of such an area to which the card applies for his or her employment.
Penalty:   5 penalty units.
	(2)	A contravention of subregulation (1) is an offence of strict liability.
311CSJ	Notification of lost etc security identification cards
	(1)	If the holder of a security identification card becomes aware that his or her card has been lost, stolen or destroyed, he or she must tell the issuing body, or (if the card was issued by the Secretary) the Secretary, as soon as practicable.
Penalty:   5 penalty units.
	(2)	However, subregulation (1) does not apply if the card has been destroyed by the issuing body or (if the card was issued by the Secretary) by the Secretary.
	(3)	A contravention of subregulation (1) is an offence of strict liability.
Subdivision 5	Powers of security officers
311CSK	Power to tell person to show valid ASIC
	(1)	In this regulation:
exempt person, for a security restricted area or part of a security restricted area of an airport, means somebody who, under regulation 311CSC, 311CSD, 311CSE or 311CSF, need not display a valid ASIC in the area or part.
	(2)	If a security officer knows, or has reason to believe, that somebody in a security restricted area or part of a security restricted area of an airport is not properly displaying a valid ASIC, the security officer may (unless the security officer knows the person to be an exempt person for the area or part) tell him or her to do so.
	(3)	Before telling the person to do so, the security officer, if he or she is not an authorised officer, must show him or her:
	(a)	an identity card, issued to the officer, that displays a recent photograph of the officer; or
	(b)	another appropriate form of identification.
Note   Regulation 297PC requires an authorised officer to show his or her identity card to somebody before exercising a power under this Part in relation to him or her.
	(4)	A person must comply with a direction of a security officer under subregulation (2).
Penalty:   10 penalty units.
	(5)	However, a person need not comply with the direction if he or she is an exempt person for the area or part.
	(6)	A contravention of subregulation (4) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 1 penalty unit.
311CSL	Power to demand surrender of false ASIC, etc
	(1)	If a person who is in a security restricted area of an airport is displaying a card that appears to be an ASIC, and a security officer has reason to believe that the card is not a valid ASIC, the officer may demand that the person surrender the card to the officer.
	(2)	A security officer may demand that the holder of an ASIC surrender the card to the officer if the officer has reason to believe that the holder is using the card in contravention of:
	(a)	this Division; or
	(b)	a condition of the ASIC.
	(3)	Before demanding that somebody surrender a card, a security officer who is not an authorised officer must show the person:
	(a)	an identity card that displays a recent photograph of the officer; or 
	(b)	another appropriate form of identification.
Note   Regulation 297PC requires an authorised officer to show his or her identity card to somebody before exercising a power under this Part in relation to him or her.
	(4)	A person must comply with a demand of a security officer under subregulation (1) or (2).
Penalty:   10 penalty units.
	(5)	A contravention of subregulation (4) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 1 penalty unit.
	(6)	If a card is surrendered to a security officer, the security officer must, as soon as practicable, give the card to:
	(a)	if the card was purportedly issued by an issuing body — the issuing body; or
	(b)	in any other case — the Secretary.
	(7)	Somebody in a security restricted area who surrenders a card to a security officer under subregulation (4) must leave the area at once.
Penalty:   10 penalty units.
	(8)	A contravention of subregulation (7) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 1 penalty unit.
311CSM	Power to remove people from security restricted area
	(1)	A security officer may direct a person to leave a security restricted area, or part of a security restricted area, of an airport if the officer reasonably believes that the person has contravened:
	(a)	this Division; or
	(b)	if the person is the holder of an ASIC — a condition of the ASIC.
	(2)	Before directing somebody to leave the area or part of the area, a security officer who is not an authorised officer must show him or her:
	(a)	an identity card that displays a recent photograph of the officer; or
	(b)	another appropriate form of identification.
Note   Regulation 297PC requires an authorised officer to show his or her identity card to somebody before exercising a power under this Part in relation to him or her.
	(3)	If somebody is directed by a security officer to leave a security restricted area, or part of a security restricted area, of an airport, and does not leave the area or part at once, the security officer may remove him or her from the area or part.
	(4)	If somebody is required under subregulation 311CSL (7) to leave a security restricted area, or part of a security restricted area, of an airport, and does not leave the area or part at once, a security officer may remove him or her from the area or part.
Note   Section 76 of the Crimes Act 1914 creates an offence of obstructing or resisting a person exercising a power under Commonwealth law.
	(5)	However, in removing somebody, a security officer must not use more force, or subject him or her to greater indignity, than is necessary and reasonable.
Subdivision 6	Miscellaneous
311CSN	What happens if issuing body ceases to exist etc
	(1)	If:
	(a)	the authorisation of an issuing body (the original issuing body) is revoked under regulation 311CRJ; or
	(b)	the body ceases to exist; or
	(c)	for any other reason, the body no longer performs the functions or exercises the powers of an issuing body under this Division;
		the Secretary may authorise, in writing, another person to perform the functions, and exercise the powers, of the original issuing body under this Division.
	(2)	An ASIC issued by the original issuing body that is in force at the time of such an authorisation is not affected by:
	(a)	the body having ceased to exist; or 
	(b)	the new authorisation.
	(3)	The authorised person is taken to be the issuing body for the ASIC, but is not responsible for the actions of the original issuing body in relation to the ASIC before the authorisation.
	(4)	An authorisation may be subject to a condition specified in it.
311CSO	Notice in writing — how given
		A written notice required or permitted to be given to a person under this Division:
	(a)	may be given to the person personally; or
	(b)	may be posted to the person at the postal address last notified to the person giving the notice; or
	(c)	may be sent to the person at the fax number (if any) last notified to the person giving the notice.
311CSP	Review of decisions under this Division
	(1)	In this regulation:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
	(2)	Application may be made under the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of:
	(a)	a decision of the Secretary:
	(i)	under subregulation 311CRF (1) — to refuse to authorise a person as an issuing body; or
	(ii)	under subregulation 311CRF (5) — to authorise an issuing body subject to a condition; or
	(iii)	under subregulation 311CRG (1) — to direct an issuing body to vary its ASIC program; or
	(iv)	under subregulation 311CRH (2) — to refuse to approve a variation of an issuing body’s ASIC program; or
	(v)	under subregulation 311CRI (4) — to refuse to exempt an issuing body from the requirement to give effect to its ASIC program in a particular case or respect; or
	(vi)	under subregulation 311CRI (7) — to give an exemption subject to a condition; or
	(vii)	under regulation 311CRJ — to revoke an issuing body’s authorisation; or
	(viii)	under subregulation 311CRQ (3) — to refuse to authorise the issue of a security identification card; or
	(ix)	under subregulation 311CRQ (5) — to authorise the issue of a security identification card subject to a condition; or
	(x)	under subregulation 311CRS (1) — to refuse to issue a person with a security identification card; or
	(xi)	under subregulation 311CRS (5) — to issue a security identification card subject to a condition; or
	(xii)	under regulation 311CRX — to cancel a security identification card; or
	(xiii)	under subregulation 311CSF (3) — to refuse to exempt somebody from displaying a valid ASIC in a security restricted area, or part of a security restricted area, of an airport; or
	(xiv)	under subregulation 311CSF (6) — to exempt somebody from displaying a valid ASIC in a security restricted area, or part of a security restricted area, of an airport subject to a condition; or
	(xv)	under subregulation 311CSN (1) — to authorise, or refuse to authorise, a person to perform the functions, or exercise the powers, of an issuing body; or
	(xvi)	under subregulation 311CSN (4) — to authorise a person to perform the functions or exercise the powers of an issuing body subject to a condition; or
	(b)	a decision of an issuing body:
	(i)	under subregulation 311CRO (1) — to refuse to issue a security identification card to somebody; or
	(ii)	under subregulation 311CRO (5) — to issue a security identification card subject to a condition; or
	(iii)	under regulation 311CRV — to cancel a security identification card.
[26]	Subregulation 315B (2)
	omit
	Civil Aviation Regulations
	insert
	Civil Aviation Regulations 1988
[27]	Part XVII, after Division 2
	insert
Division 3	Infringement notices
319A	Purpose and effect of Division
	(1)	The purpose of this Division is to create a system of infringement notices for certain offences against these regulations as an alternative to prosecution.
	(2)	This Division does not:
	(a)	require an infringement notice to be issued to a person for an offence; or
	(b)	affect the liability of a person to be prosecuted for an offence if an infringement notice is not issued to the person for the offence; or
	(c)	prevent the issue of 2 or more infringement notices to a person for an offence; or
	(d)	affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or
	(e)	limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.
	(3)	If 2 or more infringement notices are issued to a person for the same offence, the person’s liability to be prosecuted for the offence ceases if the person pays the infringement notice penalty for any of the notices.
319B	Meaning of penalty for Division 3
		In this Division:
penalty, for an infringement notice offence, means the penalty for the offence if an infringement notice is issued for the offence.
Note   If an offence created by a provision of these regulations is an infringement notice offence, another provision will say so, and specify the applicable fixed penalty.
319C	Authorised person may give infringement notice
		If an authorised person has reason to believe that a person has committed an infringement notice offence, the authorised person may issue a notice (called an infringement notice) to the person for the offence.
319D	Contents of infringement notice
	(1)	An infringement notice issued by an authorised person for an offence must:
	(a)	be identified by a unique number; and
	(b)	give the name of the authorised person who issued it; and
	(c)	state its date of issue; and
	(d)	state the full name, or the surname and initials, and the address of the person to whom it is issued; and
	(e)	give brief details of the offence, including:
	(i)	the date and time of the offence; and
	(ii)	where the offence happened; and
	(iii)	the provision of these regulations contravened; and
	(f)	state the penalty for the offence payable under the notice; and
	(g)	state the place where, and any method by which, the penalty may be paid; and
	(h)	tell the person to whom it is issued where, and to whom, the person should apply to be allowed more time to pay the penalty; and
	(i)	be signed by the authorised person who issued it; and
	(j)	tell the person to whom it is issued that the person may pay the penalty specified in the notice by posting or delivering the payment to the place of payment specified in the notice; and
	(k)	if there is another way to pay the penalty — tell the person to whom it is issued what that way is; and
	(l)	tell the person to whom it is issued that if the person pays the penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by an authorised officer) — unless the infringement notice is subsequently withdrawn and any penalty paid refunded:
	(i)	any liability of the person for the offence will be discharged; and
	(ii)	the person will not be prosecuted in a court for the offence; and
	(iii)	the person will not be taken to have been convicted of the offence; and
	(m)	tell the person to whom it is issued that if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes; and
	(n)	tell the person to whom it is issued the greatest penalty that a court could impose for the offence.
	(2)	An infringement notice may contain any other information that the authorised person who issues it thinks necessary.
319E	Service of infringement notices
	(1)	An infringement notice must be served on the person to whom it is issued.
	(2)	An infringement notice may be served on an individual:
	(a)	by giving it to the individual; or
	(b)	by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business (the relevant place) of the individual last known to the authorised person issuing it; or
	(c)	by giving it, at the relevant place, to someone who:
	(i)	lives or is employed, or apparently lives or is employed, there; and
	(ii)	is, or the authorised person has reason to believe is, over 16 years.
	(3)	An infringement notice may be served on a corporation:
	(a)	by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the head office, a registered office or a principal office of the corporation; or
	(b)	by giving it, at an office mentioned in paragraph (a), to someone who is, or the authorised person has reason to believe is, an officer or employee of the corporation.
319F	Time for payment of penalty
		The penalty mentioned in an infringement notice must be paid:
	(a)	within 28 days after the day on which the notice is served on the person to whom it is issued; or
	(b)	if the person applies for a further period of time in which to pay the penalty, and that application is granted — within the further period allowed; or
	(c)	if the person applies for a further period of time in which to pay the penalty, and the application is refused — within 7 days after the notice of the refusal is served on the person; or
	(d)	if the person applies for the notice to be withdrawn, and the application is refused — within 28 days after the notice of the refusal is served on the person.
319G	Extension of time to pay penalty
	(1)	The person to whom an infringement notice is issued (the recipient) may apply, in writing, to an authorised person for a further period of 28 days or less in which to pay the penalty mentioned in the notice.
	(2)	The authorised person must:
	(a)	grant or refuse a further period; and
	(b)	tell the recipient in writing of the decision and, if the decision is a refusal, the reasons for it.
	(3)	Notice of the decision may be served on the recipient in any way in which the infringement notice could have been served on the recipient.
319H	Effect of payment of infringement notice penalty
		If an infringement notice is not withdrawn, and the person to whom it is issued for an offence pays the penalty stated in the notice:
	(a)	any liability of the person for the offence is discharged; and
	(b)	the person may not be prosecuted in a court for the offence; and
	(c)	the person is not taken to have been convicted of the offence.
319I	Withdrawal of infringement notice
	(1)	With or without an application under subregulation (2), the Secretary may withdraw an infringement notice.
	(2)	Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn.
	(3)	The Secretary must:
	(a)	withdraw or refuse to withdraw the notice; and
	(b)	tell the applicant in writing of the decision and, if the decision is a refusal, the reasons for it.
	(4)	Before withdrawing or refusing to withdraw a notice, the Secretary must consider:
	(a)	whether the person has been convicted previously of an offence against these regulations; and
	(b)	the circumstances of the offence stated in the notice; and
	(c)	whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and
	(d)	any other matter the Secretary considers relevant to the particular case.
319J	Notice of withdrawal of infringement notices
	(1)	Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on that person.
	(2)	A notice withdrawing an infringement notice served on a person for an offence must:
	(a)	include the following information:
	(i)	the full name, or surname and initials, and address of the person;
	(ii)	the number of the infringement notice;
	(iii)	the date of issue of the infringement notice; and
	(b)	state that the notice is withdrawn; and
	(c)	if the Secretary intends to prosecute the person in a court for the offence — state that the person may be prosecuted in a court for the offence.
319K	Refund of penalty
		If an infringement notice is withdrawn after the penalty has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.
Schedule 3	Amendments of Air Navigation Regulations commencing on
29 March 1999
[28]	After regulation 5
	insert
5AA	References in documents to renumbered provisions
		A reference in a document (including an identification card) to a provision of these regulations by the number it had immediately before 29 March 1999 is a reference to the provision by its number after renumbering.
[29]	Part IXA, heading
	substitute
Part 9A	Statistical returns
[30]	Part IXA, Divisions 1 and 2
	relocate as Divisions 2 and 3 in Part XIII
[31]	Part IXA, Division 3, heading
	omit
[32]	Parts
	renumber consecutively beginning with 1
[33]	Divisions in a Part
	renumber consecutively beginning with 1
[34]	Subdivisions in a Division
	renumber consecutively beginning with 1
[35]	Regulations
	renumber consecutively beginning with 1
[36]	Subregulations in a regulation
	renumber consecutively beginning with (1)
[37]	Paragraphs in a regulation that is not divided into subregulations, or in a subregulation or definition
	re-letter consecutively with lower-case letters beginning with (a)
[38]	Subparagraphs in a paragraph
	renumber consecutively with lower-case roman numerals beginning with (i)
[39]	Sub-subparagraphs in a subparagraph
	re-letter consecutively with upper-case letters beginning with (A)
[40]	Items in Schedule 2
	renumber consecutively beginning with 1
[41]	A reference in the regulations to a renumbered provision of the regulations
	omit the provision number, insert its number after renumbering
[42]	A regulation heading containing a reference to a renumbered provision of the regulations
	omit the provision number, insert its number after renumbering
[43]
Note   A note that contains a reference to a provision by number is amended by omitting the number and inserting the number of the provision after renumbering.
Notes
1.	These regulations amend Statutory Rules 1947 No. 112, as amended by 1947 No. 162; 1948 No. 69; 1949 Nos. 6 and 70; 1950 No. 69; 1952 Nos. 30, 46 and 87; 1953 No. 44; 1954 Nos. 26, 32 and 119; 1955 No. 29; 1956 No. 16; 1957 No. 12; 1958 No. 77; 1960 Nos. 21, 96 and 99; 1961 No. 102; 1964 Nos. 61 and 128; 1965 No. 33; 1966 No. 5; 1967 No. 65; 1969 No. 4; 1970 Nos. 21 and 214; 1971 No. 31; 1972 No. 166; 1973 Nos. 182 and 247; 1974 Nos. 36, 54 and 96; 1975 No. 32; 1976 Nos. 67, 77, 11 and 124; 1977 No. 124; 1978 No. 140; 1980 Nos. 67, 106, 136, 187, 204, 247 and 269; 1981 Nos. 32, 77, 253 and 308; Act No. 76, 1981; Statutory Rules 1982 No. 270; 1983 Nos. 39, 149 and 202; 1984 Nos. 208 and 314; 1985 Nos. 203, 276, 300 and 329; 1986 Nos, 141, 284 and 357; 1987 Nos. 207 and 278; 1988 Nos. 159 and 378; 1989 No. 400; 1990 Nos. 255, 299 and 432; 1991 Nos. 74 and 193; 1992 Nos. 104, 153, 221 and 316; 1993 Nos. 265, 318 and 369; 1994 Nos. 148 and 384; 1995 Nos. 29, 342 and 443; 1996 Nos. 113 and 340; 1997 Nos. 336 and 413.
2.	Made by the Governor-General on 24 November 1998, and notified in the Commonwealth of Australia Gazette on 1 December 1998.  Administered by the Minister for Transport and Regional Services.