Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 54

Strict liability

  (1)   A person commits an offence if:

  (a)   the person is in an airside security zone, an airside event zone, a landside security zone or a landside event zone; and

  (aa)   the airside security zone, airside event zone, landside security zone or landside event zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

  (b)   the person has a prohibited item in his or her possession; and

  (c)   the person is not:

  (i)   a law enforcement officer, an airport security guard or an aviation security inspector; or

  (ii)   a member of the Australian Defence Force who is on duty; or

  (iii)   authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the airside security zone, airside event zone, landside security zone or landside event zone.

Penalty:   20 penalty units.

  (2)   Subsection   (1) is an offence of strict liability.

General

  (3)   A person commits an offence if:

  (a)   the person is in an airside security zone, an airside event zone, a landside security zone or a landside event zone; and

  (aa)   the airside security zone, airside event zone, landside security zone or landside event zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

  (b)   the person has a prohibited item in his or her possession; and

  (c)   the person is not:

  (i)   a law enforcement officer, an airport security guard or an aviation security inspector; or

  (ii)   a member of the Australian Defence Force who is on duty; or

  (iii)   authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the airside security zone, airside event zone, landside security zone or landside event zone.

Penalty:   Imprisonment for 2 years.