Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 44C

             (1)  For the purposes of safeguarding against unlawful interference with aviation, the regulations may:

                     (a)  prescribe requirements in relation to one or more of the following:

                              (i)  examining cargo;

                             (ii)  certifying cargo;

                            (iii)  receiving clearance;

                            (iv)  the circumstances in which cargo is required to be cleared; and

                     (b)  establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are designated as regulated air cargo agents; and

                     (c)  establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are accredited as accredited air cargo agents; and

                     (d)  prescribe conditions that must be complied with by:

                              (i)  all regulated air cargo agents, all accredited air cargo agents or all aircraft operators; or

                             (ii)  one or more specified classes of regulated air cargo agents, accredited air cargo agents or aircraft operators; or

                            (iii)  one or more specified regulated air cargo agents, accredited air cargo agents or aircraft operators; and

                     (e)  require the following persons to report aviation security incidents of which they become aware:

                              (i)  all accredited air cargo agents;

                             (ii)  one or more specified classes of accredited air cargo agents;

                            (iii)  one or more specified accredited air cargo agents; and

                      (f)  prohibit a person from carrying on a business to the extent that it consists of:

                              (i)  handling cargo; or

                             (ii)  making arrangements for the transport of cargo;

                            unless the person is a regulated air cargo agent, an accredited air cargo agent or an aircraft operator.

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

                     (a)  the examination of cargo by:

                              (i)  all regulated air cargo agents, all accredited air cargo agents or all aircraft operators; or

                             (ii)  one or more specified classes of regulated air cargo agents, accredited air cargo agents or aircraft operators; or

                            (iii)  one or more specified regulated air cargo agents, accredited air cargo agents or aircraft operators;

                     (b)  the procedures for dealing with cargo examined as mentioned in paragraph (a);

                     (c)  the places where examination is to be conducted;

                     (d)  the methods, techniques and equipment to be used for examination;

                     (e)  the things to be detected by examination;

                      (f)  the procedures for dealing with things detected by examination;

                     (g)  the circumstances in which cargo may be certified by:

                              (i)  all aircraft operators; or

                             (ii)  one or more specified classes of aircraft operators; or

                            (iii)  one or more specified aircraft operators;

                     (h)  the supervision and control measures for dealing with cargo that has received clearance;

                      (i)  the method for designating a person as a regulated air cargo agent;

                      (j)  the method of applying for accreditation as an accredited air cargo agent and how such applications are to be dealt with.

             (3)  Regulations made under paragraph (2)(a), (b) or (d) 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 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.