AVIATION TRANSPORT SECURITY ACT 2004
Table of Provisions
PART 1--PRELIMINARY
Division 1--Short title and commencement
Division 2--Purposes and 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
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 programsgiven to the Secretary
Division 5--Approving, revising and cancelling programsgiven to the Secretary
- 17A Application of this Division
- 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
- 23A Secretary may approve alterations of programs
- 25 Cancelling inadequate programs
- 26 Cancelling for failure to comply
- 26A Cancelling transport security programs on request
Division 6--Programs given by the Secretary
- 26B Secretary may give participants a program
- 26C Content of programs
- 26D When a program is in force
- 26E Relationship with Division 5
- 26F Secretary may revise or cancel inadequate programs
- 26G Cancelling for failure to comply
- 26H Cancelling programs on request
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
- 28A Categories of security controlled airports
- 29 Airport areas--airside and landside
- 30 Airside security zones
- 31 Types of airside security zones
- 31A Airside event zones
- 31B Types of airside event zones
- 32 Landside security zones
- 33 Types of landside security zones
- 33A Landside event zones
- 33B Types of landside event 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
- 36A Requirements for airside event zones
Division 4--Control of landside areas and zones
- 37 Requirements for landside areas
- 38 Requirements for landside security zones
- 38A Requirements for landside event zones Division 4 A--Serious crime
- 38AA Purpose of this Division
- 38AB Requirements relating to access to areas and zones
Division 5--Offences for causing disruption or interference in relation to security controlled airports
- 38B Offences for causing disruption or interference in relation to security controlled airports
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
- 41A Consent to screening procedures
- 42 Screening and clearing goods (other than cargo)
- 43 Screening and clearing vehicles
- 44 Requirements for screening and clearing
Division 2A--Examining and clearing cargo
- 44A Simplified overview of Division
- 44B Examining and clearing cargo
- 44C Requirements for examining and clearing cargo
Division 3--Weapons
- 45 Simplified overview of Division
- 46 Weapons in airside areas , landside security zones and landside event 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 security zones, airside event zones, landside security zones and landside event 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
Division 6--Persons in custody
- 63 Simplified overview of Division
- 64 Meaning of person in custody
- 65 Requirements relating to persons in custody
Division 6A--Prohibiting entry of certain cargo into Australian territory
- 65A Simplified overview of Division
- 65B Minister may prohibit entry of certain kinds of cargo into Australian territory
- 65C Failure to comply with prohibition
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
Division 9--Security status checking
- 74F Simplified overview of Division
- 74G Secretary may determine that a person has an adverse aviation security status
- 74H Regulations
- 74I Division operates despite the Civil Aviation Act 1988
Division 10--Optical surveillance devices
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 3A--Eligible customs officers
- 89A Simplified overview of Division
- 89B Eligible customs officers
- 89C Stopping and searching persons
- 89D Stopping and searching vehicles
- 89E Requests to leave aircraft, airport or areas or zones
- 89F Power to physically restrain persons
- 89G Removing vehicles from areas or zones
- 89H Other 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
- 94A Requirements relating to screening officers
- 94B Exemption from requirements relating to screening officers
- 94C Exercise of powers and performance of screening functions by screening officers
- 94D Report on number of exemptions
- 95 Screening powers
- 95B Screening powers--frisk search as an additional screening procedure
- 95C Screening powers--frisk search general power
- 96 Screening officers' power to physically restrain persons
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
Division 3--Secretary may require aviation security information
- 111 Secretary may require aviation security information
- 112 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 3A--Enforceable undertakings
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
- 127A Sub - delegation
- 128 Compensation for damage to electronic equipment
- 129 Compensation for acquisition of property
- 130 Part 11 of the Airports Act 1996
- 131 Scope of immunities and privileges
- 132 Severability--additional effect of Act
- 133 Regulations
- 134 Extra - territorial operation of regulations