Part 1—Preliminary
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 Safety Regulations 1998.
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.
audit, of an aviation industry participant’s TSP, has the meaning given by regulation 2.01.
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.
authorised powder has the meaning given by regulation 4.22QB.
aviation security identification card means a card of that type issued under Part 6.
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.
biosecurity official has the same meaning as in the Biosecurity Act 2015.
cargo examining aircraft operator means an aircraft operator of a prescribed air service whose TSP has been approved by the Secretary and sets out procedures for receiving, processing and clearing cargo.
carry‑on baggage means an article or possession of a passenger on, or a member of the crew of, an aircraft, being an article or possession that is accessible to the passenger or crew member while the aircraft is in flight.
categorised airport means an airport that was a categorised airport under the ANA.
charter operation means an operation of an aircraft for the purpose of:
(a) a service of providing air transportation of people, or both people and goods, that:
(i) is provided for a fee payable by persons using the service; and
(ii) is not available to the general public;
whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or
(b) a service of providing air transportation of people, or both people and goods, that:
(i) is provided for a fee payable by persons using the service; and
(ii) is available to the general public; and
(iii) is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or
(c) a service of providing air transportation of people, or both people and goods, that:
(i) is not provided for a fee payable by persons using the service; and
(ii) is not available to the general public; and
(iii) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes.
checked baggage means an article or possession of an aircraft passenger or crew member that:
(a) has been checked in for a flight on the aircraft; and
(b) is intended to be carried on board the aircraft or another aircraft; and
(c) if carried in an aircraft, is not accessible to the passenger or crew member while the aircraft is in flight.
checked in, in relation to an item of checked baggage, means that the item:
(a) has been presented to an aircraft operator, or another person on the operator’s behalf, for carrying on a flight on board an aircraft of the operator; and
(b) has been accepted by the aircraft operator, or the other person on the operator’s behalf, for that purpose.
child means a person who has not turned 18 years of age.
closed charter operation means a charter operation of the kind described in paragraph (a) or (c) of the definition of charter operation.
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.
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.
examination notice has the meaning given by subregulation 4.41J(2).
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 an airport retail outlet at a place where passengers embark or disembark the aircraft before the air service arrives in 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.
foreign consignment security declaration has the meaning given by subregulation 4.41D(3).
foreign official means any of the following:
(a) a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia;
(b) a member of the consular staff (including the head) of a consular post established in Australia;
(c) any other member of the staff of such a diplomatic mission or consular post.
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.
inorganic powder means a powder or powder‑like substance that does not consist of, and is not derived from, living matter.
Note: Examples of inorganic powder include salt, sand and some kinds of foot powder.
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:
(i) remains on board the aircraft; or
(ii) is transferred to another aircraft operating an outbound international air service.
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.
loading person has the meaning given by subregulation 4.41G(3).
medical product means a product supplied on prescription to a person.
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.
powder means fine dry particles produced by the grinding, crushing or disintegration of a solid substance, and includes such particles presented in a clumpy, grainy or compressed form.
Note: Examples of powder include flour, sugar, ground coffee, spice, powdered milk, baby formula and cosmetics.
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 a service of providing air transportation of people, or both people and goods, 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.
review, of an aviation industry participant’s TSP, has the meaning given by regulation 2.01.
screened air service—see regulation 4.02.
screening authority means a person specified by notice under regulation 4.03.
secure area means either of the following:
(a) a landside security zone (not including a crowded landside zone);
(b) the airside area 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.
therapeutic product means a product, other than a medical product, that is used for the treatment or management of a person’s medical condition.
Note: Examples of therapeutic products include special dietary products and contact lens solution.
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.
Note 1: For example, a tier 1 security controlled airport is a security controlled airport that has been assigned the category tier 1 by the Secretary under subsection 28(6) of the Act.
Note 2: See regulation 3.01B for the categories of security controlled airports prescribed for the purposes of section 28A 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 purposes of the definition of security designated authorisation in section 9 of the Act, a flight crew licence (within the meaning of the Civil Aviation Safety Regulations 1998) 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 2—Transport security programs
Division 2.1—Preliminary
2.01 Definitions for Part
In this Part:
audit, of an aviation industry participant’s TSP, means an audit to determine if security measures and procedures set out in the TSP have been implemented and complied with.
review, of an aviation industry participant’s TSP, means a review to determine if security measures and procedures set out in the TSP are effective and adequate.
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.
2.02 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 2.2—Operators 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
(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, 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 the first point of call in Australia; and
(g) measures to ensure that passengers who have not been cleared on arriving aircraft (for example, small general‑aviation aircraft) do not mix or interfere with cleared 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.
2.18B What airport operator’s TSP must contain—crowded landside zones at designated airports
If an airport operator is responsible for the crowded landside zone at a designated airport, the airport operator’s TSP must:
(a) set out measure and procedures:
(i) to control crowding in the crowded landside zone; and
(ii) to reduce the risk and consequences of damage from explosive devices in the crowded landside zone; and
(b) include details of:
(i) exercises to be conducted to test the effectiveness of security responses in the crowded landside zone; and
(ii) how such exercises are scheduled.
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 an incident, threat or breach involving one or more of the following:
(i) an aircraft hijacking;
(ii) a bomb threat;
(iii) a failure of critical security equipment;
(iv) an unattended or suspect vehicle or thing in a crowded landside zone;
(v) armed persons in a crowded landside zone; 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 2.3—Operators 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
(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, 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 cleared passengers departing from or boarding an aircraft do not mix with passengers who have not been cleared 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 an incident, threat or breach involving one or more of the following:
(i) an aircraft hijacking;
(ii) a bomb threat;
(iii) a failure of critical security equipment;
(iv) an external attack on an aircraft;
(v) the discovery of an unknown substance on an aircraft in flight;
(vi) the discovery of an unauthorised person on board an aircraft in flight;
(vii) an unattended or suspect vehicle or thing in a crowded landside zone;
(viii) armed persons in a crowded landside zone; 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 2.6—Airservices 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:
(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, 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 3—Airport areas and zones
Division 3.1A—Security controlled airports—categories
3.01A Definitions
(1) In this Division:
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 the purposes of section 28A of the Act, the following categories of security controlled airports are prescribed:
(a) designated airport;
(b) tier 1;
(c) tier 2;
(d) tier 3.
Note: The Secretary may assign a particular security controlled airport a category prescribed by this regulation (see subsection 28(6) of the Act).
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 seating capacity 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 seating capacity 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 or an area of 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 3.1—Establishment 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;
(aa) the crowded landside zone;
(b) the fuel storage zone;
(c) the air traffic control facilities zone;
(d) the navigational aids zone.
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 3.2—Control of secure areas—use of ASICs etc
Subdivision 3.2.1—Display 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.
3.08A Foreign officials who display white ASIC
(1) Despite regulation 3.03, a foreign official need not display a valid ASIC in a secure area if, while the foreign official is in the secure area, the foreign official:
(a) is properly displaying a white ASIC; and
(b) is escorted by a person who is properly displaying a valid ASIC.
(2) A person who is the holder of a valid ASIC, and is escorting a foreign official who holds a white ASIC in a secure area, must not leave the foreign official unsupervised while the foreign official is in the area unless the supervision of the foreign official 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 foreign official who is the holder of a white ASIC, and was escorted by the holder of a valid ASIC into the secure area, must leave the area immediately if no person who is displaying a valid ASIC is supervising the foreign official.
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
(1) 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.
(2) A foreign official who is the holder of a white ASIC must not enter, or stay in, a secure area other than for a lawful purpose.
Penalty for a contravention of subregulation (2): 5 penalty units.
Subdivision 3.2.2—Display 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 3.3—Control of airside areas and zones—physical security
Subdivision 3.3.1—Preliminary
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 3.3.1A—Requirements 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 3.3.2—Additional 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 an area 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 3.3.3—Additional 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) if the person is an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
(c) if the person is an accredited air cargo agent—50 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 3.3.4—Offences 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 3.3.5—Emergency 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 3.4—Control 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 certain landside security zones
(1) The security requirements set out in this regulation apply to a landside security zone of any type other than a sterile area or a crowded landside zone.
(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).
3.21A Security requirements for crowded landside zones
(1) This regulation begins to have effect in relation to a designated airport when the Secretary establishes a crowded landside zone for the airport.
(2) An airport operator commits an offence if:
(a) the Secretary has established a crowded landside zone for a designated airport; and
(b) the airport operator is responsible for the crowded landside zone at the designated airport; and
(c) the airport operator does not take measures to control crowding in the crowded landside zone.
Penalty: 200 penalty units.
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 (other than a crowded landside 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 (other than a crowded landside 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 3.5—Counter‑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 3A—Airside and Landside Special Event Zones
Division 3A.1—Preliminary
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.2—Airside special event zones
Subdivision 3A.2.1—Application 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.2.2—Requirements 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 in force; 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.2.3—Offences 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 (other than a crowded landside 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 (other than a crowded landside 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.3—Landside special event zones
Subdivision 3A.3.1—Application 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.3.2—Requirements 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 in force; 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.3.3—Offences 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 (other than a crowded landside 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 (other than a crowded landside 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 4—Other security measures
Division 4.1—Screening and clearing
Subdivision 4.1.1—Screening 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 designated 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
(2) An operation of an aircraft is a screened air service if:
(a) all of the following apply in relation to the operation:
(i) the operation is a regular public transport operation or an open charter operation;
(ii) the aircraft has a seating capacity of 40 or more persons;
(iii) the operation operates from a designated airport or a tier 1 or tier 2 security controlled airport; or
(b) all of the following apply in relation to the operation:
(i) the operation operates from a designated airport;
(ii) the aircraft departs from the same apron as an aircraft (the other aircraft) that is operating a screened air service to which paragraph (a) applies;
(iii) the aircraft 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).
4.03 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 1: See Subdivision 4.1.1A for the requirements for screening for the detection of LAG products.
Note 2: See Subdivision 4.1.1AB for the requirements for screening for the detection of powder and powder‑like substances.
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) in the case of a person arriving at a designated airport or a tier 1 or tier 2 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 designated airport or a tier 1 or tier 2 security controlled airport; or
(b) in the case of a person arriving at a tier 3 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 designated airport or a tier 1, tier 2 or tier 3 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 or an impermissible powder.
(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.
(4A) For the purposes of paragraph (1)(b), a person has an impermissible powder in the person’s possession if:
(a) the person has an inorganic powder in the person’s possession; and
(b) none of the following apply:
(i) the inorganic powder is in one or more containers that have a total combined volume of 350ml or less;
(ii) the inorganic powder is needed for the use or care of the person because of an infirmity;
(iii) the inorganic powder is a tool of trade for the person.
(5) For the purposes of paragraph (4)(b) and subparagraph (4A)(b)(iii), 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 paragraph 4.11(3)(d); 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 (other than a crowded landside 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.
4.17A Secretary’s requirements for screening using certain types of equipment
(1) This regulation applies in relation to a screening authority that is responsible for operating a screening point through which persons enter a sterile area of a security controlled airport.
(2) The Secretary may, by written notice given to the screening authority, specify requirements relating to screening that is carried out at the screening point using any of the following equipment:
(a) x‑ray equipment fitted with threat image projection software;
(b) a walk‑through metal detector;
(c) body scanning equipment;
(d) explosive trace detection equipment.
(3) Without limiting subregulation (2), requirements specified under that subregulation may include:
(a) a requirement that the screening authority use specified performance measures in relation to the screening; or
(b) a performance target that must be met in relation to the screening.
(4) In considering whether to specify a requirement under subregulation (2), the Secretary may have regard to any of the following:
(a) Australia’s international obligations relating to aviation security;
(b) aviation security intelligence;
(c) aviation security information;
(d) the findings or recommendations of any audit or other investigation relating to screening at one or more security controlled airports;
(e) the number of persons likely to pass through the screening point while the requirement is in force;
(f) the information that can be recorded by the equipment used for the screening;
(g) any other matter the Secretary considers relevant.
(5) A notice given under subregulation (2) may be combined with a notice issued under regulation 4.17.
(6) A person commits an offence of strict liability if:
(a) the person is the screening authority that is responsible for operating the screening point; and
(b) the Secretary gives the person a notice under subregulation (2) that specifies a requirement relating to screening carried out at the screening point using specified equipment; and
(c) screening is carried out at the screening point using that equipment; and
(d) the requirement specified in the notice is not complied with in relation to the screening.
Penalty for contravention of this subregulation: 100 penalty units.
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 4.22QL(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 4.1.1A—Liquid, 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) a representative of the screening authority who is lawfully testing the screening system; or
(c) an aviation security inspector who is on duty and requires a LAG product in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security 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).
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 point of departure 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 point of departure 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
(aa) the person is not an exempt person; 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: Regulations 4.04 and 4.22QE set out 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 Offence—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) A screening authority commits an offence if:
(a) the screening authority puts in place procedures for the handling and destruction of LAG products surrendered as a result of screening; and
(b) the procedures are not in accordance with any applicable law in the place where screening occurs.
Penalty: 50 penalty units.
(3) A screening authority commits an offence if:
(a) a LAG product is surrendered during screening; and
(b) the LAG product is not 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.
4.22Q Notices by the Secretary—LAG products
(1) For the purposes of paragraph 44(2)(aa) of the Act, and in accordance with 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 the purposes of paragraph 44(2)(aa) of the Act, and in accordance with 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 4.1.1AB—Powder and powder‑like substances
4.22QA Definitions
In this Subdivision:
exempt person means:
(a) a person who is cleared to pass through a screening point without being screened; or
(b) a representative of the screening authority who is lawfully testing the screening system; or
(c) an aviation security inspector who is on duty and requires an inorganic powder in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security 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.
4.22QB Meaning of authorised powder
(1) A powder is an authorised powder if it is an organic powder or powder‑like substance.
Note: Examples of an organic powder include flour, sugar and spice.
(2) A powder is also an authorised powder if it is an inorganic powder and any of subregulations (3) to (6) apply.
(3) This subregulation applies if:
(a) the inorganic powder is in the possession of a person travelling on an international air service; and
(b) the inorganic powder:
(i) is in a container that is in a sealed plastic bag; and
(ii) was purchased duty‑free at a retail outlet or on board an aircraft; and
(iii) has a visible proof of purchase that is either attached to the plastic bag or inside the plastic bag.
(4) This subregulation applies if:
(a) the inorganic powder is in the possession of a person travelling on an international air service; and
(b) the inorganic powder is any of the following:
(i) cremated human or animal remains;
(ii) if the person is an infant or toddler—a baby product in a quantity that is reasonable having regard to the duration of the flight;
(iii) a medical product for the person;
(iv) a therapeutic product for the person in a quantity that is reasonable having regard to the duration of the flight;
(v) samples of powder or powder‑like substances used for medical research or reproductive health;
(vi) material or containers required to maintain the temperature, quality or integrity of anything mentioned in subparagraphs (i) to (v).
(5) This subregulation applies if:
(a) the inorganic powder is in the possession of a person; and
(b) the inorganic powder 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
(c) the inorganic powder is not for the personal use of the person.
(6) This subregulation applies if:
(a) the inorganic powder is in the possession of a person specified in column 2 of an item of the table in regulation 4.62; and
(b) the inorganic powder is a tool of trade for the person.
4.22QC Offence—inorganic powder passing through LAGs screening point
(1) For the purposes of 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 inorganic powder in the person’s possession; and
(d) the inorganic powder is not in one or more containers that have a total combined volume of 350ml or less; and
(e) the inorganic powder is not an authorised powder.
Penalty: 20 penalty units.
(2) Subregulation (1) is an offence of strict liability.
4.22QD Offence—entering LAGs cleared area other than through screening point with impermissible powder
(1) For the purposes of 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
(aa) the person is not an exempt person; and
(b) when entering the LAGs cleared area, the person has in the person’s possession an inorganic powder; and
(c) the inorganic powder is an impermissible powder within the meaning of subregulation 4.11(4A).
Penalty: 20 penalty units.
(2) Subregulation (1) is an offence of strict liability.
4.22QE Things to be detected by screening—inorganic powder
(1) For the purposes of paragraph 44(2)(b) of the Act, inorganic powders are things that are to be detected at a LAGs screening point.
Note: Regulations 4.04 and 4.22I set out 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 inorganic powder 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.
4.22QF Offence—dealing with inorganic powder surrendered during screening
(1) For the purposes of paragraph 44(2)(c) of the Act, a screening authority must put in place procedures for the handling and destruction of inorganic powder surrendered as a result of screening.
(2) A screening authority commits an offence if:
(a) the screening authority puts in place procedures for the handling and destruction of inorganic powder surrendered as a result of screening; and
(b) the procedures are not in accordance with any applicable law in the place where screening occurs.
Penalty: 50 penalty units.
(3) A screening authority commits an offence if:
(a) an inorganic powder is surrendered during screening; and
(b) the inorganic powder is not handled and destroyed in accordance with the procedures put in place under this regulation.
Penalty: 50 penalty units.
4.22QG Offence—preventing destruction of surrendered inorganic powder
For the purposes of 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 inorganic powder; and
(b) inorganic powder has been surrendered to the screening authority as a result of screening; and
(c) the person prevents the destruction of the inorganic powder.
Penalty: 20 penalty units.
4.22QH Offence—not screening for inorganic powder
For the purposes of 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 inorganic powder through the LAGs screening point unless:
(i) the person is an exempt person; or
(ii) the inorganic powder is an authorised powder; or
(iii) the inorganic powder is in one or more containers that have a total combined volume of 350ml or less.
Penalty: 50 penalty units.
4.22QJ Notices by the Secretary—authorised powders
(1) For the purposes of paragraph 44(2)(aa) of the Act, and in accordance with 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 an authorised powder is taken not to be an authorised powder.
(2) For the purposes of paragraph 44(2)(aa) of the Act, and in accordance with subsection 44(3) of the Act, the Secretary may by written notice provide that a thing, or a class of things, that is not an authorised powder under these Regulations is taken to be an authorised powder.
(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 4.1.1AC—Signs at LAGs screening points
4.22QK Definitions
In this Subdivision:
international air service does not include a closed charter service.
4.22QL Offence—sign at LAGs screening point
(1) For the purposes of 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 screening authority has established a LAGs screening point at the airport, or area of the airport; and
(c) the screening authority 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! Screening point in operation Liquids, aerosols, gels and inorganic powders 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! 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, gels and inorganic powders 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) |
Subdivision 4.1.1B—Security tamper‑evident bags
4.22R Definitions
In this Subdivision:
ICAO Aviation Security Manual means the document titled Aviation Security Manual, 10th Edition, 2017, published by the ICAO and as in force on 1 November 2018.
security tamper‑evident bag means a bag:
(a) that complies with the technical specifications for security tamper‑evident bags set out in the ICAO Aviation Security Manual; 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 or inorganic powder 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 Aviation Security Manual;
(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 or inorganic powder at an airport outside Australia without being surrendered.
Penalty: 20 penalty units.
Subdivision 4.1.2—Checked 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 for 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 cleared at the aircraft’s first point 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 cleared before it is transferred to the other air service.
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 cleared at the aircraft’s last point of departure from Australia if:
(a) the aircraft’s operator cannot demonstrate that the item:
(i) was cleared at any of the aircraft’s previous points of call in Australia; and
(ii) has been kept continuously secure since it was cleared; 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 cleared before it is transferred to the other air service if:
(a) the aircraft’s operator cannot demonstrate that the item:
(i) was cleared at any of the aircraft’s previous points of call in Australia; and
(ii) has been kept continuously secure since it was cleared; 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.
Subdivision 4.1.3—Record‑keeping requirements
4.40 Record‑keeping requirements relating to Secretary’s notices for screening
(1) This regulation applies in relation to a screening point through which persons enter a sterile area of a security controlled airport.
(2) The screening authority that is responsible for operating the screening point must make records, in electronic form, sufficient to demonstrate that:
(a) the screening authority complies with any notices issued under regulation 4.17 that:
(i) are binding on the screening authority under subregulation 4.17(3); and
(ii) relate to screening that is carried out at the screening point; and
(b) requirements that:
(i) are specified in any notice given to the screening authority under subregulation 4.17A(2); and
(ii) relate to screening carried out at the screening point;
are complied with.
(3) A screening authority that makes a record under subregulation (2) must keep the record, in electronic form, for 2 years after the end of the period to which the record relates (even if the screening authority ceases to be a screening authority, or ceases to be responsible for operating the screening point, before the end of the 2 years).
(4) A person commits an offence of strict liability if:
(a) the person is an aviation industry participant; and
(b) the person is subject to a requirement under subregulation (2) or (3); and
(c) the person engages in conduct; and
(d) the person’s conduct breaches the requirement.
Penalty for contravention of this subregulation: 20 penalty units.
4.41 Record‑keeping requirements relating to screening equipment
(1) This regulation applies in relation to screening that is carried out on a day at a screening point through which persons enter a sterile area of a security controlled airport, if any of the following equipment is used for the screening:
(a) x‑ray equipment fitted with threat image projection software;
(b) a walk‑through metal detector;
(c) body scanning equipment;
(d) explosive trace detection equipment.
(2) The screening authority that is responsible for operating the screening point must make a record of the following information in relation to the screening carried out at the screening point on the day:
(a) the airport;
(b) the terminal at which the screening point is located;
(c) the location of the screening point within the terminal;
(d) the day;
(e) the number of persons passing through the screening point on the day;
(f) if x‑ray equipment fitted with threat image projection software is used for the screening:
(i) the make and model of the equipment; and
(ii) the name and version of the software; and
(iii) the time each threat image projected by the software on the day is projected, if the equipment can record the time; and
(iv) for each threat image projected on the day—the type of threat and the outcome of the projection;
(g) if a walk‑through metal detector is used for the screening:
(i) the make and model of the detector; and
(ii) the number of persons passing through the detector on the day;
(h) if body scanning equipment is used for the screening:
(i) the make and model of the equipment; and
(ii) the number of persons scanned by the equipment on the day; and
(iii) the time of each scan, if the equipment can record the time;
(i) if explosive trace detection equipment is used for the screening:
(i) the make and model of the equipment; and
(ii) the number of persons in relation to whom the equipment is used on the day; and
(iii) the number of double positive results occurring on the day; and
(iv) the time at which each double positive result occurs, if the equipment can record the time.
(3) For the purposes of this regulation, a record made by a screening authority is taken to be made in accordance with a requirement under subregulation (2) if:
(a) the only reason the making of the record is not in accordance with that requirement is that information in the record is not accurate; and
(b) the information is not information that can be recorded by the relevant equipment mentioned in paragraph (2)(f), (g), (h) or (i); and
(c) the screening authority made all reasonable efforts to ensure that the information was accurate.
(4) A screening authority that makes a record under subregulation (2) in relation to screening must keep the record for 2 years after the day on which the screening occurs (even if the screening authority ceases to be a screening authority, or ceases to be responsible for operating the screening point, before the end of the 2 years).
(5) A person commits an offence of strict liability if:
(a) the person is an aviation industry participant; and
(b) the person is subject to a requirement under subregulation (2) or (4); and
(c) the person engages in conduct; and
(d) the person’s conduct breaches the requirement.
Penalty for contravention of this subregulation: 20 penalty units.
Division 4.1A—Examining and clearing cargo
Subdivision 4.1A.1—Requirements for examining and clearing cargo
4.41A Application of Subdivision
(1) This Subdivision applies to:
(a) international cargo; and
(aa) cargo to which subregulation (2) applies; and
(b) cargo to which this Subdivision applies because the Secretary has issued a notice to that effect under regulation 4.41J.
(2) This subregulation applies to cargo that is intended to be transported on a domestic air service in the following circumstances:
(a) the cargo is to be transported by an aircraft that has:
(i) a seating capacity of 40 or more persons; or
(ii) a certificated maximum take‑off weight of 20,000 kg or more;
(b) the air service is not a closed charter operation;
(c) the cargo is to be loaded onto the aircraft at:
(i) a designated airport; or
(ii) a tier 1 security controlled airport.
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), (2A) 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 an examination 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 unauthorised explosives.
Cargo examined by cargo examining aircraft operators
(2A) For this subregulation to be satisfied, the cargo must:
(a) have been examined by a cargo examining aircraft operator in accordance with an examination notice given to the operator; and
(b) be handled by the operator in accordance with the requirements under the operator’s TSP 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 unauthorised 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 RACA or a cargo examining aircraft operator in accordance with the requirements under:
(i) for a RACA—the RACA’s security program that deal with how cargo that has not been examined is to be handled in order to receive clearance; or
(ii) for a cargo examining aircraft operator—the operator’s TSP 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
(1) A security declaration is a document that is covered by subregulation (3) or that:
(a) is in relation to cargo; and
(b) is issued by a person (the issuer) that is a known consignor, a RACA or a cargo examining aircraft operator, when the cargo is in the possession of the issuer; and
(c) includes the following:
(i) the name of the issuer;
(ii) the name of the individual issuing the document on behalf of the issuer;
(iii) whether the issuer is a known consignor, a RACA or a cargo examining aircraft operator;
(iv) a general description of the contents of the cargo;
(v) either the airport where the cargo is first loaded onto the aircraft or, if the cargo originates with a known consignor, the physical address at which the cargo originates with the known consignor;
Note: The airport may be named by using the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport.
(vi) the airport to which the cargo is being transported;
Note: The airport may be named by using the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport.
(vii) the time and date when the document was issued;
(viii) if the cargo is required to be examined to receive clearance—details of the examination method applied to the cargo by the issuer and a statement that the cargo was examined in accordance with an examination 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: For the definition of document, see section 2B of the Acts Interpretation Act 1901.
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.
(2) To avoid doubt:
(a) a document issued by a known consignor and described in paragraphs (1)(a) and (c) is a security declaration even if the information described in subparagraph (1)(c)(vi):
(i) is not included by the known consignor at the time of issue; and
(ii) is later included in the document by a RACA or a cargo examining aircraft operator; and
(b) the RACA or cargo examining aircraft operator does not issue the document merely by including that information in the document.
(3) This subregulation covers a document (the foreign consignment security declaration) that:
(a) relates to cargo that originates overseas; and
(b) is issued by a person with functions like those of a known consignor, a RACA or a cargo examining aircraft operator, when the cargo is in the possession of the person overseas; and
(c) is in English or can be readily translated into English by a RACA, or a cargo examining aircraft operator, who handles the cargo in Australia; and
(d) includes details of how the person assessed the cargo; and
(e) states that the cargo does not contain an unauthorised explosive.
4.41F Offence—issuing a security declaration in certain circumstances
Known consignors
(1) A known consignor commits an offence of strict liability if:
(a) the known consignor issues a security declaration for cargo; and
(b) the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and
(c) the cargo did not originate with the known consignor.
Penalty: 100 penalty units.
(2) A known consignor commits an offence of strict liability if:
(a) the known consignor issues a security declaration for cargo; and
(b) the known consignor has not handled the cargo in accordance with the known consignor security program in force for the known consignor.
Penalty: 100 penalty units.
RACAs
(3) A RACA commits an offence of strict liability if:
(a) the RACA issues a security declaration for cargo; and
(b) the Secretary has not issued a notice under subparagraph 44B(2)(b)(i) of the Act in relation to the cargo; and
(c) the RACA has not examined the cargo in accordance with an examination 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.
Cargo examining aircraft operators
(5) A cargo examining aircraft operator commits an offence of strict liability if:
(a) the operator 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 operator has not examined the cargo in accordance with an examination notice given to the operator.
Penalty: 100 penalty units.
(6) A cargo examining aircraft operator commits an offence of strict liability if:
(a) the operator issues a security declaration for cargo; and
(b) the operator has not handled the cargo in accordance with the TSP in force for the operator.
Penalty: 100 penalty units.
Persons other than known consignors, RACAs and cargo examining aircraft operators
(7) A person commits an offence of strict liability if:
(a) the person purports to issue a security declaration, except a foreign consignment security declaration, for cargo; and
(b) the person is not a known consignor, a RACA or a cargo examining aircraft operator.
Penalty for a contravention of subregulation (7): 50 penalty units.
4.41G Offence—loading cargo without security declaration
(1) A person commits an offence of strict liability if:
(a) the person is a loading person; and
(b) the person loads cargo onto a prescribed aircraft; and
(c) at the time of loading, the person does not have a security declaration for the cargo.
Penalty:
(a) if the person is an AACA—50 penalty units; or
(b) in any other case—100 penalty units.
(2) A person (the first person) commits an offence of strict liability if:
(a) the first person is a loading person; and
(b) the first person enters into an arrangement with another person to load cargo onto a prescribed aircraft; and
(c) the other person is not a loading person; and
(d) at the time of loading, the first person does not have a security declaration for the cargo.
Penalty for a contravention of subregulation (2):
(a) if the first person is an AACA—50 penalty units; or
(b) in any other case—100 penalty units.
(3) In this instrument:
loading person means:
(a) an AACA; or
(b) an aircraft operator of a prescribed air service; or
(c) a known consignor; or
(d) a RACA.
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 known consignor, a RACA or a cargo examining aircraft operator; and
(b) the person has, in that capacity, 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.1A—Examination notices
4.41J Examination notices
(1) This regulation is made for the purposes of subsection 44C(3) of the Act.
(2) The Secretary may make a written notice (an examination notice) that sets out requirements in relation to how cargo that is to be loaded onto an aircraft must be examined by a RACA or cargo examining aircraft operator.
(3) Without limiting subregulation (2), an examination 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.
(5) The Secretary must give an examination notice to a RACA or cargo examining aircraft operator if the notice provides that the notice is to be given to the RACA or operator and the Secretary is satisfied on reasonable grounds that:
(a) the RACA or operator is capable of examining cargo in accordance with the notice; and
(b) the RACA or operator intends to examine cargo in accordance with the notice; and
(c) giving the notice to the RACA or operator is in the interests of safeguarding against unlawful interference with aviation.
(5A) An examination notice may make different provision in relation to cargo with respect to different circumstances.
(6) A RACA or cargo examining aircraft operator that has been given an examination notice 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 or variation of examination notice
Revocation on request
(1) The Secretary must, in writing, revoke an examination notice given to a RACA or a cargo examining aircraft operator if the RACA or operator requests the Secretary, in writing, to revoke the notice.
Revocation for cause
(2) The Secretary may, in writing, revoke an examination notice given to a RACA or cargo examining aircraft operator if the Secretary is satisfied on reasonable grounds that:
(a) the RACA or operator:
(i) is not capable of examining cargo in accordance with the notice; or
(ii) is not examining cargo in accordance with the notice; or
(b) revoking the notice is in the interests of safeguarding against unlawful interference with aviation.
(3) If the Secretary revokes an examination notice under subregulation (2), the Secretary must give a copy of the revocation to the RACA or cargo examining aircraft operator.
Variation or revocation to correct errors or omissions
(4) If the Secretary is satisfied that an examination notice (the original notice) given to a RACA or cargo examining aircraft operator contains an error or omission, the Secretary may, for the purpose of correcting the error or omission, in writing:
(a) vary the original notice; or
(b) revoke the original notice and substitute another examination notice;
and, where the Secretary does so, the varied or substituted examination notice has effect as if it had been given at the time the original notice was given.
(5) If, under subregulation (4), the Secretary varies the original notice, or revokes the original notice and substitutes another examination notice, the Secretary must give a copy of the examination notice as varied or substituted to the RACA or cargo examining aircraft operator.
(6) The Secretary may vary or revoke the original notice under subregulation (4) at the Secretary’s own initiative or at the written request of a RACA or cargo examining aircraft operator.
4.41K Offence—failure to comply with an examination notice
(1) A RACA commits an offence of strict liability if:
(a) the Secretary has given the RACA an examination notice; and
(b) the RACA fails to comply with the notice.
Penalty: 100 penalty units.
(2) A cargo examining aircraft operator commits an offence of strict liability if:
(a) the Secretary has given the operator an examination notice; and
(b) the operator fails to comply with the notice.
Penalty for a contravention of subregulation (2): 100 penalty units.
Subdivision 4.1A.1B—Approving 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.1C—Known 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.2—Designating 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 an examination 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 an examination 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
