Commonwealth Consolidated Regulations

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AVIATION TRANSPORT SECURITY REGULATIONS 2005 - SCHEDULE 1

Aviation-security-relevant offences

Note:   See the definitions of aviation - security - relevant offence , tier 1 offence , tier 2 offence and tier 3 offence in subregulation   6.01(1).

 

 

1   Tier 1 offences

    The following table lists offences that are tier 1 aviation - security - relevant offences.

 

Aviation - security - relevant offences--tier 1 offences

Item

Offence

1

An offence involving terrorism

2

An offence involving treason, advocating terrorism or genocide, or urging violence

3

An offence involving espionage or selling national secrets

4

An offence relating to engagement in hostile activities in a foreign country or involvement with foreign armed forces

5

An offence relating to weapons of mass destruction

6

An offence involving hijacking or destroying an aircraft, vessel or offshore facility that is used in commerce or owned by the government

7

An offence involving endangerment of an aircraft, airport, vessel, port or offshore facility that is used in commerce or owned by the government

8

An offence involving an act of piracy at sea

9

An offence relating to involvement with a criminal organisation or gang

10

An offence involving the smuggling or trafficking of people

Note:   A person convicted of an offence mentioned in the table will have an adverse criminal record (see the definition of adverse criminal record in subregulation   6.01(2)).

2   Tier 2 offences

    The following table lists offences that are tier 2 aviation - security - relevant offences.

 

Aviation - security - relevant offences--tier 2 offences

Item

Offence

1

An offence relating to assaulting or threatening a person on an aircraft, vessel or offshore facility, or in an airport or port

2

An offence relating to theft of an aircraft or vessel that is used in commerce or owned by the government

3

An offence relating to questioning conducted by a person or body investigating serious crime or corruption

4

An offence under the Act that is punishable by imprisonment (whether or not the person is in fact sentenced to imprisonment)

5

An offence under the Maritime Transport and Offshore Facilities Security Act 2003 that is punishable by imprisonment (whether or not the person is in fact sentenced to imprisonment)

Note:   A person convicted of an offence mentioned in the table will have an adverse criminal record (see the definition of adverse criminal record in subregulation   6.01(2)).

3   Tier 3 offences

    The following table lists offences that are tier 3 aviation - security - relevant offences.

 

Aviation - security - relevant offences--tier 3 offences

Item

Offence

1

Murder or manslaughter

2

An offence relating to false imprisonment, deprivation of liberty or taking a hostage

3

An offence relating to assault (other than offences referred to in clauses   1 and 2 of this Schedule), including indecent or sexual assault

4

An offence relating to the sexual abuse or sexual exploitation of a child

5

An offence relating to intimidation (other than offences referred to in clauses   1 and 2 of this Schedule)

6

An offence relating to endangerment of others (other than offences referred to in clauses   1 and 2 of this Schedule), but not including traffic offences except where a vehicle is used as a weapon

7

An offence relating to affray or riot

8

An offence relating to assaulting or resisting a law enforcement officer or other public officer

9

An offence of impersonating a law enforcement officer or other public officer

10

An offence of racial hatred or racial vilification

11

An offence relating to firearms, ammunition, weapons or the use of an item as a weapon

12

An offence relating to explosives or explosive devices

13

Arson or an offence of a kind equivalent to arson

14

An offence relating to production, possession, supply, import or export of an illegal drug or controlled substance

15

An offence relating to illegal import or export of goods, fauna or flora

16

An offence relating to interference with goods under customs control

17

An offence relating to extortion or blackmail

18

An offence relating to theft (other than offences referred to in clauses   1and 2 of this Schedule)

19

An offence relating to forgery or fraud

20

An offence relating to tax evasion

21

An offence relating to money laundering or currency violations

22

An offence relating to dealing with proceeds of crime

23

An offence relating to bribery or corruption

24

An offence of perjury or otherwise relating to perversion of the course of justice

25

An offence relating to use of a false identity or false identity documents

26

An offence relating to the unauthorised use, access, modification or destruction of data or electronic communications

Note:   A person convicted of an offence mentioned in the table and sentenced to imprisonment will have an adverse criminal record (see the definition of adverse criminal record in subregulation   6.01(2)).



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