Commonwealth Numbered Regulations

1995 No. 342 AIR NAVIGATION REGULATIONS (AMENDMENT) - REG 22

22.1 After Regulation 297P, insert:
                   "Division 1AB-Pre-flight security check
Interpretation

"297Q. In this Division:
'originating flight', in relation to a relevant aircraft, means the first
flight of the aircraft:

   (a)  since returning to service after undergoing maintenance at a place
        away from a passenger terminal building or a cargo terminal building;
        or

   (b)  since the previous flight, if the aircraft:

        (i)    has not been sealed for the purpose of preventing unauthorised
               access to the aircraft; or

        (ii)   has not been placed under the continuous surveillance of at
               least 1 person, being a person authorised by the aircraft
               operator for the purpose of preventing unauthorised access to
               the aircraft; (NOTE: An example of when an aircraft may not be
               under surveillance is when the aircraft is on an overnight
               stop.)
'pre-flight security check', in relation to a relevant aircraft, means a check
of the aircraft conducted by the aircraft operator for the purpose of ensuring
that there are no weapons, explosives or incendiary devices located in areas
reasonably accessible to passengers or crew;
'relevant aircraft' means:

   (a)  an aircraft that is used in an international air service that is a
        regular public transport operation; or

   (b)  an aircraft that:

        (i)    is used in an international air service that is a charter
               operation; and

        (ii)   is fitted to carry at least 38 passengers.

Aircraft operator to conduct pre-flight security check

"297R. (1) Before the start of an originating flight by a relevant aircraft,
the aircraft operator must conduct a pre-flight security check of the
aircraft, in accordance with subregulation (2).

"(2) A check of a relevant aircraft must include:

   (a)  an inspection of the flight deck, passenger cabin, toilets, crew rest
        stations and the catering and food preparation areas, of the aircraft;
        and

   (b)  an inspection of the storage facilities in those areas of the aircraft
        (including cupboards, passenger lockers, crew lockers and equipment
        lockers); and

   (c)  an inspection of the exterior of the aircraft (including wheel wells)
        for signs of tampering.

"(3) Except with reasonable excuse, an aircraft operator must not contravene
subregulation (1). Penalty: 50 penalty units. (NOTE: The flight of an aircraft
is taken to start:

   (a)  when the last external door is closed in preparation for the first
        movement of the aircraft for the purpose of taking off on the flight;
        or

   (b)  if the aircraft moves, before all external doors are closed, for the
        purpose of taking off on the flight-when it first so moves. (See s.
        3AB of the Act.))

Procedure after pre-flight security check

"297S. (1) On completion of a pre-flight security check of a relevant aircraft
before an originating flight, and until the start of the flight, the aircraft
operator must:

   (a)  seal the aircraft for the purpose of preventing unauthorised access to
        the aircraft; or

   (b)  place the aircraft under the continuous surveillance of at least 1
        person, being a person authorised by the operator for the purpose of
        preventing unauthorised access to the aircraft.

"(2) Except with reasonable excuse, an aircraft operator must not contravene
subregulation (1). Penalty: 50 penalty units.". (NOTE: See the Note to
regulation 297R as to when the flight of an aircraft is taken to start.)