Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 44

             (1)  The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to one or more of the following:

                     (a)  screening;

                     (b)  receiving clearance;

                     (c)  the circumstances in which persons, goods (other than cargo) or vehicles are required to be cleared;

             (2)  Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

                     (a)  the persons who are authorised or required to conduct screening;

                    (aa)  things that must not pass through a screening point;

                     (b)  the things to be detected by screening;

                     (c)  the procedures for dealing with things detected by screening;

                     (d)  the circumstances in which persons must be cleared in order to:

                              (i)  board an aircraft; or

                             (ii)  enter a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

                     (e)  the circumstances in which goods, other than baggage and cargo, must be cleared in order to be taken:

                              (i)  onto an aircraft; or

                             (ii)  into a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

                      (f)  the circumstances in which baggage must be cleared in order to be taken:

                              (i)  onto an aircraft; or

                             (ii)  into a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

                     (h)  the circumstances in which vehicles must be cleared in order to be taken;

                              (i)  onto an aircraft; or

                             (ii)  into a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

                      (i)  the places where screening is to be conducted;

                      (j)  the methods, techniques and equipment to be used for screening;

                     (k)  the notices that are to be displayed in places where screening is to be conducted;

                      (l)  the supervision and control measures for ensuring that persons, goods (other than cargo) and vehicles that have received clearance remain cleared in areas or zones that are not cleared areas or cleared zones;

Note:          Regulations made under subsection 94(2) must prescribe training and qualification requirements for screening officers and set out requirements in relation to the form, issue and use of identity cards.

             (3)  Regulations made under paragraph (2)(a), (2)(aa) or (2)(j) may provide that some or all of the matters set out in that paragraph are to be specified in written notices made by the Secretary. Such a notice may provide that the notice is only to be given to the persons, or classes of persons, specified in the notice.

             (4)  Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

                     (a)  for an offence committed by an airport operator or an aircraft operator--200 penalty units; or

                     (b)  for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a)--100 penalty units; or

                     (c)  for an offence committed by any other person--50 penalty units.

Note:          If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.