Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following:
(a) Australian aircraft;
(b) aircraft (other than Australian aircraft) engaged in Australian international carriage;
(c) passengers on board, and members of the crew of, aircraft referred to in paragraph (a) or (b);
while the aircraft are outside Australian territory.
(2) In this Act:
"airline" means a person engaged in the provision of air services.
"Australian international carriage" means the carriage of passengers or cargo, or both passengers and cargo, whether within or outside Australian territory, by an aircraft that:
(a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or
(b) is operated by an airline incorporated in Australia; or
(c) is operated by an airline having its principal place of business in Australia; or
(d) is operated by an Australian operator and is subject to section 15A or 17 of the Air Navigation Act 1920 ; or
(i) an airline referred to in paragraph (a), (b) or (c); and
but is under the control of the airline referred to in subparagraph (i) of this paragraph; or
(f) is subject to section 15A or 17 of the Air Navigation Act 1920 and is operated jointly by:
(i) an Australian operator; and
but is under the control of the Australian operator.
"Australian operator" means an aircraft operator who:
(a) if the operator is an individual:
(i) is an Australian citizen; or
(ii) is ordinarily resident in Australia; or
(b) if the operator is a body corporate:
(i) is incorporated in Australia; or
(ii) has its principal place of business in Australia.
"bilateral arrangement" means an agreement or arrangement between:
(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and
(b) a foreign country;
under which the carriage by air of passengers or cargo, or both passengers and cargo, between Australia and the foreign country is permitted.
"foreign country" includes any region:
(a) that is part of a foreign country; or
(b) that is under the protection of a foreign country; or
(c) for whose international relations a foreign country is responsible.
(3) For the purposes of this section:
(a) an aircraft is taken to be subject to section 15A of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(c) of that Act; and
(b) an aircraft is taken to be subject to section 17 of the Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(d) of that Act.
This Act establishes a number of mechanisms to safeguard against unlawful interference with aviation.
Part 2 requires aviation industry participants to have in place approved transport security programs. Such programs must set out how the participants will manage security for their operations.
Part 3 allows the Secretary to designate airports as security controlled airports and to establish airside and landside areas, security zones and event zones for those airports. Once established, the areas and zones are subject to requirements directed at safeguarding against unlawful interference with aviation and preventing the use of aviation in connection with serious crime.
Part 4 deals with a number of specific security measures, including screening, examination, on - board security, persons in custody and offences in relation to weapons and prohibited items. It also allows the Minister to make a legislative instrument prohibiting the entry of specified kinds of cargo into Australian territory. It also allows the Secretary to give special security directions and control directions in certain circumstances. It also allows the Minister to determine a code regulating and authorising the use of optical surveillance devices at airports and on board aircraft.
Part 5 establishes the powers of officials acting under the Act. These officials are aviation security inspectors, law enforcement officers, airport security guards and screening officers.
Part 6 establishes reporting obligations in relation to aviation security incidents.
Part 7 allows the Secretary to require aviation industry participants to provide security compliance information and aviation security information.
Part 8 provides a range of enforcement mechanisms. These are infringement notices, enforcement orders, enforceable undertakings, injunctions and a demerit points system.
Part 9 provides for the review of certain decisions by the Administrative Appeals Tribunal.
Part 10 deals with miscellaneous matters.
Various aviation industry participants are required to have, and comply with, transport security programs. This is dealt with in Division 2.
Various other persons are required to comply with the transport security programs of aviation industry participants. This is dealt with in Division 3.
An aviation industry participant may give the Secretary a transport security program for approval. The content and form of such programs is dealt with in Division 4. Division 5 deals with the approval, variation, revision, and cancellation of the approval of, such programs.
If the Secretary is satisfied that it is appropriate to do so, taking into account existing circumstances as they relate to aviation security, the Secretary may give a transport security program to an aviation industry participant. This is dealt with in Division 6. That Division also deals with the content, revision and cancellation of such programs.
The Secretary may designate an airport as a security controlled airport and assign a category to that airport. A security controlled airport has an airside area and a landside area.
Airside security zones and airside event zones may be established within an airside area, and landside security zones and landside event zones within a landside area.
Regulations under Division 3 will detail the requirements applying to airside areas, airside security zones and airside event zones.
Regulations under Division 4 will detail the requirements applying to landside areas, landside security zones and landside event zones.
Regulations under Division 4A will prescribe requirements for the purposes of preventing the use of aviation in connection with serious crime.
Regulations under Division 5 may create offences for causing disruption or interference in relation to security controlled airports.
In addition to the requirements relating to areas and zones covered in Part 3, specific requirements are imposed in relation to a range of other matters. These are covered by this Part.
The matters (and the relevant Divisions) are as follows:
(a) screening and clearing (Division 2);
(aa) examining and clearing (Division 2A);
(b) weapons (Division 3);
(c) prohibited items (Division 4);
(d) on - board security (Division 5);
(e) persons in custody (Division 6);
(ea) prohibiting the entry of specified kinds of cargo (Division 6A);
(f) special security directions (Division 7);
(g) control directions (Division 8);
(h) security status checking (Division 9).
Access to aircraft, areas and zones at an airport may be restricted to persons, goods (other than cargo) and vehicles that have received clearance. Where access is restricted in this way, the aircraft, area or zone is said to be cleared.
In most cases, receiving clearance will require going through a screening process.
(a) requirements for receiving clearance; and
(b) requirements and procedures for screening.
The transport of cargo by aircraft may be restricted to cargo that has received clearance.
In most cases, cargo must be examined to receive clearance.
The regulations may provide for cargo to be examined by known consignors, regulated agents and aircraft operators.
(a) requirements for receiving clearance; and
(b) requirements and procedures for examination; and
(d) requirements relating to known consignors, regulated agents and aircraft operators.
The control of weapons is an important aspect of preventing unlawful interference with aviation.
The possession or carriage of weapons is controlled:
(a) in airside areas, landside security zones and landside event zones;
(b) through screening points;
(c) on aircraft.
A person who has been authorised or permitted to have a weapon in his or her possession or under his or her control must comply with any conditions that have been imposed.
The regulations can also prescribe requirements in relation to the carriage and use of weapons.
Things other than weapons may be used to interfere with aviation unlawfully.
This Division:
(a) allows regulations to prescribe such things as prohibited items; and
(b) establishes restrictions in relation to prohibited items that are similar to the restrictions which apply to weapons under Division 3 of this Part.
This Division allows the Minister to make a legislative instrument prohibiting the entry of specified kinds of cargo into Australian territory.
Failing to comply with such an instrument is an offence.
Special circumstances may arise that require additional security measures beyond those otherwise required under this Act.
This Division allows the Secretary to address such circumstances by issuing special security directions. The Division establishes time limits for such special security directions. As a general rule, a special security direction ceases to have effect after it has been in force for 3 months.
Failing to comply with a special security direction is an offence.
In addition, disclosing such a direction in certain circumstances is also an offence.
(a) to control the movement of aircraft that are not in flight; or
(b) in relation to security controlled airports.
Compliance control directions, given by aviation security inspectors, are used to ensure compliance with this Act. They may be given to aircraft operators, operators of security controlled airports, screening authorities, pilots in command or screening officers.
Incident control directions can be used to control the movement of aircraft. Incident control directions, given by the Secretary, are used in response to aviation security incidents. They may be given to aircraft operators or pilots in command.
Failing to comply with a compliance control direction or an incident control direction is an offence.
This Division will facilitate the security status checking of applicants for, and holders of, certain authorisations.
The Division enables an adverse security status determination to be made in respect of a person. If a determination is made, any such authorisation that the person has applied for will be refused, and any such authorisation that the person holds will be cancelled or suspended.
The regulations will prescribe details relating to security status checking and the making of adverse security status determinations.
Certain persons are given particular powers and responsibilities under this Act. Some of these people are required to have specific qualifications and meet other requirements. This is to ensure that only appropriate people have these powers.
The types of persons (and the relevant Divisions) are as follows:
(a) aviation security inspectors (Division 2);
(b) law enforcement officers (Division 3);
(ba) eligible customs officers (Division 3A);
(c) airport security guards (Division 4);
(d) screening officers (Division 5).
Employees in the Department and law enforcement officers can be appointed as aviation security inspectors.
Aviation security inspectors are given a range of powers that they can exercise to determine whether a person is complying with this Act.
Each aviation security inspector is to be issued with an identity card. The regulations may provide for the form, issue and use of those cards.
(a) stop and search people and vehicles at airports;
(b) remove people from an aircraft or an airport, or from an area or zone of an airport, if they do not leave when requested to do so;
(c) remove vehicles from an airport, or from an area or zone of an airport, if the officer is unable to have the vehicle removed by the person in control of it.
The Division establishes restrictions on this authority, such as requiring the officer to explain why a search is to be made and limiting the amount of force that may be used.
A person who does not leave when requested to do so by a law enforcement officer commits an offence, as does a person who hinders or obstructs an officer exercising powers under this Division.
(a) stop and search persons and vehicles at airports; and
(b) request persons to leave an aircraft, an airport or an area or zone of an airport; and
(c) restrain and detain persons until the persons can be dealt with by a law enforcement officer; and
(d) remove vehicles from an airport, or from an area or zone of an airport, if the customs officer is unable to have the vehicle removed by the person in control of it.
This Division establishes restrictions on these powers, such as requiring the customs officer to explain why a search is to be made and limiting the amount of force that may be used.
A person who does not leave an aircraft or an airport, or an area or zone of an airport, when requested to do so by the customs officer commits an offence, as does a person who hinders or obstructs the officer exercising powers under this Division.
This Division gives airport security guards a limited power to restrain and detain persons. Airport security guards may only detain a person until the person can be dealt with by a law enforcement officer and their ability to use force is restricted.
Regulations must establish requirements to be met before a person can become an airport security guard.
A screening officer may request a person to remove items of clothing or undergo a frisk search for screening purposes--but may not require this. However, if a person refuses to comply with such a request and the screening officer is unable to screen the person properly, the screening officer must refuse to allow the person to pass the screening point.
To protect the integrity of cleared areas and zones, screening officers are provided with similar restraint and detention powers to those of airport security guards.
A screening officer may only exercise powers under this Division or perform screening functions if the officer:
(a) has complied with requirements (including training and qualification requirements) determined by the Secretary; or
(b) is exempt from those requirements.
It is important, for aviation security, to ensure that all aviation security incidents are appropriately reported.
This Part establishes requirements to report aviation security incidents and provides for the form and content of such reports.
It is important, for aviation security, for the Secretary to be able to collect certain information.
Division 2 gives the Secretary the power to require security compliance information but limits the use of the information in certain proceedings.
Division 3 gives the Secretary the power to require aviation security information but limits the use of the information in certain proceedings.
To ensure that persons comply with their obligations under this Act, many provisions throughout the Act provide for criminal offences. To provide flexibility in enforcing this Act, there is also a range of enforcement options that can be used as an alternative to, or in addition to, criminal prosecution. These enforcement options are covered by this Part.
The enforcement options (and the relevant Divisions) are as follows:
(a) infringement notices (Division 2);
(b) enforcement orders (Division 3);
(c) enforceable undertakings (Division 3A);
(e) demerit points system (Division 5).
The Secretary may make enforcement orders requiring specified people to take specified actions, where the Secretary is of the opinion that the person has contravened this Act.
A person who contravenes an enforcement order may be subject to an injunction.