Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Short title and commencement

   1.      Short title  
   2.      Commencement  

           Division 2--Purposes and simplified overview of this Act

   3.      Purposes of this Act  
   4.      Simplified overview of this Act  

           Division 3--Application

   5.      Extension to Territories  
   6.      Geographical jurisdiction  
   7.      Act to bind Crown  
   8.      Act not to apply to state aircraft etc.  

           Division 4--Definitions

   9.      Definitions  
   9A.     Prohibited items  

           Division 5--Unlawful interference with aviation

   10.     Meaning of unlawful interference with aviation  

           Division 6--General defences

   10A.    General defences  

   PART 2--TRANSPORT--SECURITY PROGRAMS

           Division 1--Simplified overview of Part

   11.     Simplified overview of Part  

           Division 2--Aviation industry participants required to have programs

   12.     Who must have a program  
   13.     Participants required to have programs to operate  
   14.     Participants must comply with programs  

           Division 3--Complying with programs of other participants

   15.     Complying with transport security programs of other participants  

           Division 4--Content and form of programs given to the Secretary

   15A.    Application of this Division  
   16.     Content of programs  
   17.     Form of programs etc.  

           Division 5--Approving, revising and cancelling programs given to the Secretary

   17A.    Application of this Division  
   18.     Providing programs for approval  
   19.     Approval  
   20.     When a program is in force  
   21.     Secretary may direct participants to vary programs  
   22.     Participants may revise programs  
   23.     Secretary may direct participants to revise programs  
   23A.    Secretary may approve alterations of programs  
   25.     Cancelling inadequate programs  
   26.     Cancelling for failure to comply  
   26A.    Cancelling transport security programs on request  

           Division 6--Programs given by the Secretary

   26B.    Secretary may give participants a program  
   26C.    Content of programs  
   26D.    When a program is in force  
   26E.    Relationship with Division 5  
   26F.    Secretary may revise or cancel inadequate programs  
   26G.    Cancelling for failure to comply  
   26H.    Cancelling programs on request  

   PART 3--AIRPORT--AREAS AND ZONES

           Division 1--Simplified overview of Part

   27.     Simplified overview of Part  

           Division 2--Establishment of areas and zones

   28.     Airports and security controlled airports  
   28A.    Categories of security controlled airports  
   29.     Airport areas--airside and landside  
   30.     Airside security zones  
   31.     Types of airside security zones  
   31A.    Airside event zones  
   31B.    Types of airside event zones  
   32.     Landside security zones  
   33.     Types of landside security zones  
   33A.    Landside event zones  
   33B.    Types of landside event zones  
   34.     Matters to be considered in establishing areas and zones  

           Division 3--Control of airside areas and zones

   35.     Requirements for airside areas  
   36.     Requirements for airside security zones  
   36A.    Requirements for airside event zones  

           Division 4--Control of landside areas and zones

   37.     Requirements for landside areas  
   38.     Requirements for landside security zones  
   38A.    Requirements for landside event zones  

           Division 4A--Serious crime

   38AA.   Purpose of this Division  
   38AB.   Requirements relating to access to areas and zones  

           Division 5--Offences for causing disruption or interference in relation to security controlled airports

   38B.    Offences for causing disruption or interference in relation to security controlled airports  

   PART 4--OTHER--SECURITY MEASURES

           Division 1--Simplified overview of Part

   39.     Simplified overview of Part  

           Division 2--Screening and clearing

   40.     Simplified overview of Division  
   41.     Screening and clearing people  
   41A.    Consent to screening procedures  
   42.     Screening and clearing goods (other than cargo)  
   43.     Screening and clearing vehicles  
   44.     Requirements for screening and clearing  

           Division 2A--Examining and clearing cargo

   44A.    Simplified overview of Division  
   44B.    Examining and clearing cargo  
   44C.    Requirements for examining and clearing cargo  

           Division 3--Weapons

   45.     Simplified overview of Division  
   46.     Weapons in airside areas, landside security zones and landside event zones  
   47.     Carrying weapons through a screening point  
   48.     Weapons on board an aircraft--strict liability  
   49.     Weapons on board an aircraft--general  
   50.     Failure to comply with conditions  
   51.     Secretary may permit by class  
   52.     Other weapons requirements  

           Division 4--Prohibited items

   53.     Simplified overview of Division  
   54.     Prohibited items in airside security zones, airside event zones, landside security zones and landside event zones  
   55.     Carrying prohibited items through a screening point  
   56.     Prohibited items on board an aircraft--strict liability  
   57.     Prohibited items on board an aircraft--general  
   58.     Failure to comply with conditions  
   59.     Secretary may permit by class  
   60.     Other prohibited items requirements  

           Division 5--On-board security

   61.     Simplified overview of Division  
   62.     On - board security  

           Division 6--Persons in custody

   63.     Simplified overview of Division  
   64.     Meaning of person in custody  
   65.     Requirements relating to persons in custody  

           Division 6A--Prohibiting entry of certain cargo into Australian territory

   65A.    Simplified overview of Division  
   65B.    Minister may prohibit entry of certain kinds of cargo into Australian territory  
   65C.    Failure to comply with prohibition  

           Division 7--Special security directions

   66.     Simplified overview of Division  
   67.     Secretary may give special security directions  
   68.     Confidentiality requirements  
   69.     Persons to whom special security directions may be given  
   70.     When a special security direction is in force  
   71.     Secretary may extend direction for further 3 months  
   72.     Certain directions not to be re - made for 6 months  
   73.     Failure to comply with special security directions  
   74.     Failure to comply with confidentiality requirements  

           Division 8--Control directions

   74A.    Simplified overview of Division  
   74B.    Compliance control directions  
   74C.    Failure to comply with compliance control directions  
   74D.    Incident control directions  
   74E.    Failure to comply with incident control directions  

           Division 9--Security status checking

   74F.    Simplified overview of Division  
   74G.    Secretary may determine that a person has an adverse aviation security status  
   74H.    Regulations  
   74I.     Division operates despite the Civil Aviation Act 1988  

           Division 10--Optical surveillance devices

   74J.    Purposes of this Division  
   74K.    Minister may determine code  

   PART 5--POWERS--OF OFFICIALS

           Division 1--Simplified overview of Part

   75.     Simplified overview of Part  

           Division 2--Aviation security inspectors

   76.     Simplified overview of Division  
   77.     Appointment  
   78.     Identity cards  
   79.     Powers of aviation security inspectors--general  
   80.     Powers of aviation security inspectors--aircraft  

           Division 3--Law enforcement officers

   81.     Simplified overview of Division  
   82.     Law enforcement officers  
   83.     Access to airports by law enforcement officers  
   84.     Stopping and searching people  
   85.     Stopping and searching vehicles  
   86.     Requests to leave areas or zones  
   87.     Removing people from aircraft, airports, areas or zones  
   88.     Removing vehicles from areas or zones  
   89.     Other law enforcement powers not affected  

           Division 3A--Eligible customs officers

   89A.    Simplified overview of Division  
   89B.    Eligible customs officers  
   89C.    Stopping and searching persons  
   89D.    Stopping and searching vehicles  
   89E.    Requests to leave aircraft, airport or areas or zones  
   89F.    Power to physically restrain persons  
   89G.    Removing vehicles from areas or zones  
   89H.    Other powers not affected  

           Division 4--Airport security guards

   90.     Simplified overview of Division  
   91.     Airport security guards  
   92.     Airport security guards' power to physically restrain persons  

           Division 5--Screening officers

   93.     Simplified overview of Division  
   94.     Screening officers  
   94A.    Requirements relating to screening officers  
   94B.    Exemption from requirements relating to screening officers  
   94C.    Exercise of powers and performance of screening functions by screening officers  
   94D.    Report on number of exemptions  
   95.     Screening powers  
   95B.    Screening powers--frisk search as an additional screening procedure  
   95C.    Screening powers--frisk search general power  
   96.     Screening officers' power to physically restrain persons  

   PART 6--REPORTING--AVIATION SECURITY INCIDENTS

           Division 1--Simplified overview of Part

   98.     Simplified overview of Part  

           Division 2--Meaning of aviation security incident

   99.     Meaning of aviation security incident  

           Division 3--Certain people must report incidents

   100.    Airport operators  
   101.    Aircraft operators  
   102.    Persons with incident reporting responsibilities  
   103.    Employees  

           Division 4--Reporting requirements

   104.    Reporting by airport operators  
   105.    Reporting by aircraft operators  
   106.    Reporting by persons with incident reporting responsibilities  

           Division 5--Form and content of reports

   107.    How reports are to be made  

   PART 7--INFORMATION---GATHERING

           Division 1--Simplified overview of Part

   108.    Simplified overview of Part  

           Division 2--Secretary may require security compliance information

   109.    Secretary may require security compliance information  
   110.    Self - incrimination  

           Division 3--Secretary may require aviation security information

   111.    Secretary may require aviation security information  
   112.    Self - incrimination  

   PART 8--ENFORCEMENT

           Division 1--Simplified overview of Part

   116.    Simplified overview of Part  

           Division 2--Infringement notices

   117.    Infringement notices  

           Division 3--Enforcement orders

   118.    Simplified overview of Division  
   119.    Secretary may make enforcement orders  
   120.    Commencement and duration of enforcement orders  
   121.    Reviews of enforcement orders  
   122.    Notice of enforcement orders  
   123.    Complying with enforcement orders  

           Division 3A--Enforceable undertakings

   123A.   Acceptance of undertakings  
   123B.   Enforcement of undertakings  

           Division 4--Injunctions

   124.    Injunctions  

           Division 5--Demerit points system

   125.    Demerit points  

   PART 9--REVIEW--OF DECISIONS

   126.    Review of decisions by Administrative Appeals Tribunal  

   PART 10--MISCELLANEOUS

   127.    Delegation  
   127A.   Sub - delegation  
   128.    Compensation for damage to electronic equipment  
   129.    Compensation for acquisition of property  
   130.    Part 11 of the Airports Act 1996  
   131.    Scope of immunities and privileges  
   132.    Severability--additional effect of Act  
   133.    Regulations  
   134.     Extra - territorial operation of regulations