Commonwealth Consolidated Acts

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AVIATION TRANSPORT SECURITY ACT 2004 - SECT 119

Secretary may make enforcement orders

  (1)   The Secretary may make a written order (an enforcement order ):

  (a)   prohibiting or restricting specified activities by the aviation industry participant named in the enforcement order; or

  (b)   requiring the aviation industry participant named in the enforcement order to take specified action.

  (2)   The Secretary may only make an enforcement order if he or she reasonably believes that:

  (a)   the aviation industry participant named in the enforcement order has contravened this Act; and

  (b)   it is necessary to make the order to safeguard against unlawful interference with aviation.

  (3)   The enforcement order must:

  (a)   bear a clear and direct relationship to the contravention; and

  (b)   be proportionate to the contravention.

  (4)   The enforcement order must not require the payment of money to the Secretary (or any other person) other than an amount of money that is already recoverable at law.



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