Commonwealth Numbered Acts

AVIATION TRANSPORT SECURITY ACT 2004 NO. 8, 2004

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Short title and commencement

   1.      Short title  
   2.      Commencement  

           Division 2--Purposes and simplified overview of this Act

   3.      Purposes of this Act  
   4.      Simplified overview of this Act  

           Division 3--Application

   5.      Extension to Territories  
   6.      Geographical jurisdiction  
   7.      Act to bind Crown  
   8.      Act not to apply to state aircraft etc.  

           Division 4--Definitions

   9.      Definitions  

           Division 5--Unlawful interference with aviation

   10.     Meaning of unlawful interference with aviation  

           Division 6--General defences

   10A.    General defences  

   PART 2--TRANSPORT SECURITY PROGRAMS

           Division 1--Simplified overview of Part

   11.     Simplified overview of Part  

           Division 2--Aviation industry participants required to have programs

   12.     Who must have a program  
   13.     Participants required to have programs to operate  
   14.     Participants must comply with programs  

           Division 3--Complying with programs of other participants

   15.     Complying with transport security programs of other participants  

           Division 4--Content and form of programs

   16.     Content of programs  
   17.     Form of programs etc.  

           Division 5--Approving, revising and cancelling programs

   18.     Providing programs for approval  
   19.     Approval  
   20.     When a program is in force  
   21.     Secretary may direct participants to vary programs  
   22.     Participants may revise programs  
   23.     Secretary may direct participants to revise programs  
   24.     Programs must be revised every 5 years  
   25.     Cancelling inadequate programs  
   26.     Cancelling for failure to comply  

   PART 3--AIRPORT AREAS AND ZONES

           Division 1--Simplified overview of Part

   27.     Simplified overview of Part  

           Division 2--Establishment of areas and zones

   28.     Airports and security controlled airports  
   29.     Airport areas—airside and landside  
   30.     Airside security zones  
   31.     Types of airside security zones  
   32.     Landside security zones  
   33.     Types of landside security zones  
   34.     Matters to be considered in establishing areas and zones  

           Division 3--Control of airside areas and zones

   35.     Requirements for airside areas  
   36.     Requirements for airside security zones  

           Division 4--Control of landside areas and zones

   37.     Requirements for landside areas  
   38.     Requirements for landside security zones  

   PART 4--OTHER SECURITY MEASURES

           Division 1--Simplified overview of Part

   39.     Simplified overview of Part  

           Division 2--Screening and clearing

   40.     Simplified overview of Division  
   41.     Screening and clearing people  
   42.     Screening and clearing goods  
   43.     Screening and clearing vehicles  
   44.     Requirements for screening and clearing  

           Division 3--Weapons

   45.     Simplified overview of Division  
   46.     Weapons in airside areas and landside security zones  
   47.     Carrying weapons through a screening point  
   48.     Weapons on board an aircraft—strict liability  
   49.     Weapons on board an aircraft—general  
   50.     Failure to comply with conditions  
   51.     Secretary may permit by class  
   52.     Other weapons requirements  

           Division 4--Prohibited items

   53.     Simplified overview of Division  
   54.     Prohibited items in airside areas and landside security zones  
   55.     Carrying prohibited items through a screening point  
   56.     Prohibited items on board an aircraft—strict liability  
   57.     Prohibited items on board an aircraft—general  
   58.     Failure to comply with conditions  
   59.     Secretary may permit by class  
   60.     Other prohibited items requirements  

           Division 5--On-board security

   61.     Simplified overview of Division  
   62.     On-board security  

           Division 6--Persons in custody

   63.     Simplified overview of Division  
   64.     Meaning of person in custody  
   65.     Requirements relating to persons in custody  

           Division 7--Special security directions

   66.     Simplified overview of Division  
   67.     Secretary may give special security directions  
   68.     Confidentiality requirements  
   69.     Persons to whom special security directions may be given  
   70.     When a special security direction is in force  
   71.     Secretary may extend direction for further 3 months  
   72.     Certain directions not to be re-made for 6 months  
   73.     Failure to comply with special security directions  
   74.     Failure to comply with confidentiality requirements  

           Division 8--Control directions

   74A.    Simplified overview of Division  
   74B.    Compliance control directions  
   74C.    Failure to comply with compliance control directions  
   74D.    Incident control directions  
   74E.    Failure to comply with incident control directions  

   PART 5--POWERS OF OFFICIALS

           Division 1--Simplified overview of Part

   75.     Simplified overview of Part  

           Division 2--Aviation security inspectors

   76.     Simplified overview of Division  
   77.     Appointment  
   78.     Identity cards  
   79.     Powers of aviation security inspectors—general  
   80.     Powers of aviation security inspectors—aircraft  

           Division 3--Law enforcement officers

   81.     Simplified overview of Division  
   82.     Law enforcement officers  
   83.     Access to airports by law enforcement officers  
   84.     Stopping and searching people  
   85.     Stopping and searching vehicles  
   86.     Requests to leave areas or zones  
   87.     Removing people from aircraft, airports, areas or zones  
   88.     Removing vehicles from areas or zones  
   89.     Other law enforcement powers not affected  

           Division 4--Airport security guards

   90.     Simplified overview of Division  
   91.     Airport security guards  
   92.     Airport security guards' power to physically restrain persons  

           Division 5--Screening officers

   93.     Simplified overview of Division  
   94.     Screening officers  
   95.     Screening powers  
   95A.    Screening powers—frisk search as an alternative screening procedure  
   95B.    Screening powers—frisk search as an additional screening procedure  
   96.     Screening officers' power to physically restrain persons  
   97.     Exercise of powers by screening officers  

   PART 6--REPORTING AVIATION SECURITY INCIDENTS

           Division 1--Simplified overview of Part

   98.     Simplified overview of Part  

           Division 2--Meaning of aviation security incident

   99.     Meaning of aviation security incident  

           Division 3--Certain people must report incidents

   100.    Airport operators  
   101.    Aircraft operators  
   102.    Persons with incident reporting responsibilities  
   103.    Employees  

           Division 4--Reporting requirements

   104.    Reporting by airport operators  
   105.    Reporting by aircraft operators  
   106.    Reporting by persons with incident reporting responsibilities  

           Division 5--Form and content of reports

   107.    How reports are to be made  

   PART 7--INFORMATION-GATHERING

           Division 1--Simplified overview of Part

   108.    Simplified overview of Part  

           Division 2--Secretary may require security compliance information

   109.    Secretary may require security compliance information  
   110.    Self-incrimination  

   PART 8--ENFORCEMENT

           Division 1--Simplified overview of Part

   116.    Simplified overview of Part  

           Division 2--Infringement notices

   117.    Infringement notices  

           Division 3--Enforcement orders

   118.    Simplified overview of Division  
   119.    Secretary may make enforcement orders  
   120.    Commencement and duration of enforcement orders  
   121.    Reviews of enforcement orders  
   122.    Notice of enforcement orders  
   123.    Complying with enforcement orders  

           Division 4--Injunctions

   124.    Injunctions  

           Division 5--Demerit points system

   125.    Demerit points  

   PART 9--REVIEW OF DECISIONS

   126.    Review of decisions by Administrative Appeals Tribunal  

   PART 10--MISCELLANEOUS

   127.    Delegation  
   128.    Compensation for damage to electronic equipment  
   129.    Compensation for acquisition of property  
   130.    Part 11 of the Airports Act 1996  
   131.    Saving of other laws  
   132.    Severability—additional effect of Act  
   133.    Regulations