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AVIATION TRANSPORT SECURITY ACT 2004 - SECT 74B

Compliance control directions

  (1)   An aviation security inspector may direct the aircraft operator for, or the pilot in command of, a prescribed aircraft that:

  (a)   is in Australian territory; and

  (b)   is not in flight;

to take specified action in relation to the aircraft.

  (1A)   An aviation security inspector may direct the operator of a security controlled airport to take specified action in relation to the airport.

  (1B)   An aviation security inspector may direct a screening authority or a screening officer to take specified action in relation to a screening point at a security controlled airport.

  (2)   A direction under subsection   (1), (1A) or (1B) is a compliance control direction .

  (3)   However, an aviation security inspector must not give a compliance control direction unless the direction is necessary for ensuring compliance with this Act.

  (4)   The action that an aircraft operator or pilot in command may be directed to take under subsection   (1) includes, but is not limited to, the following:

  (a)   holding the aircraft in a particular position until specified actions are taken or until a specified event occurs;

  (b)   taking particular actions, or ensuring that particular actions are taken, on or in relation to the aircraft;

  (c)   taking particular actions, or ensuring that particular actions are taken, in relation to a person or thing on, or to be carried by, the aircraft;

  (d)   allowing an aviation security inspector to inspect the aircraft.

  (4A)   The action that an operator of a security controlled airport may be directed to take under subsection   (1A) includes, but is not limited to, taking particular actions, or ensuring that particular actions are taken, in relation to persons or things in specified areas or zones of the airport.

  (4B)   The action that a screening authority or a screening officer may be directed to take under subsection   (1B) includes, but is not limited to, taking particular actions, or ensuring that particular actions are taken, in relation to screening or re - screening particular passengers, goods or vehicles.

  (5)   The regulations may prescribe requirements for, or in relation to, the giving of compliance control directions.


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