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AVIATION TRANSPORT SECURITY REGULATIONS 2005
- made under the Aviation Transport Security Act 2004 and the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1.01. Name of Regulations [see Note 1]
1.02. Commencement [see Note 1]
1.03. Definitions
1.04. What properly displaying means
1.05. Meaning of valid ASIC, valid VIC and valid TAC
1.06. Prescribed air services
1.07. Prohibited items
1.08. Security designated authorisations
1.09. Weapons
PART 2--TRANSPORT SECURITY PROGRAMS
Division 2.1--Preliminary
2.01. Definitions for Part
2.02. Security contact officers
2.03. Aviation industry participants that must have TSPs
2.04. Aviation industry participants to which more than 1 Division applies
2.05. What all TSPs must contain
2.06. Offence -- disclosing TSPs without consent
Division 2.2--Operators of security controlled airports
2.07. What this Division does
2.08. Application of this Division
2.09. Scope of airport operator's TSP
2.10. What airport operator's TSP must contain -- outline
2.11. What airport operator's TSP must contain -- procedures for managing security etc
2.12. What airport operator's TSP must contain -- procedures for quality control
2.13. What airport operator's TSP must contain -- description of airport
2.14. What airport operator's TSP must contain -- proposed security zones
2.15. What airport operator's TSP must contain -- maps
2.16. What airport operator's TSP must contain -- physical security and access control
2.17. What airport operator's TSP must contain -- screening and clearing
2.18. What airport operator's TSP must contain -- checked baggage screening
2.18A. What airport operator's TSP must contain -- enhanced inspection area screening
2.19. What airport operator's TSP must contain -- cargo facilities with direct access to airside
2.20. What airport operator's TSP must contain -- control of firearms, other weapons and prohibited items
2.21. What airport operator's TSP must contain -- measures for heightened security alert
2.22. What airport operator's TSP must contain -- personnel with particular security roles
2.23. Content of TSPs for major airport operators -- barriers
Division 2.3--Operators of prescribed air services
2.25. What this Division does
2.26. Application of this Division
2.27. Scope of aircraft operator's TSP
2.28. What aircraft operator's TSP must contain -- outline
2.29. What aircraft operator's TSP must contain -- procedures for managing security etc
2.30. What aircraft operator's TSP must contain -- procedures for quality control
2.31. What aircraft operator's TSP must contain -- details of operator's name and operations
2.32. What aircraft operator's TSP must contain -- physical security and access control
2.33. What aircraft operator's TSP must contain -- control of firearms, other weapons and prohibited items
2.34. What aircraft operator's TSP must contain -- check-in and boarding procedures
2.35. What aircraft operator's TSP must contain -- screening and clearing
2.35A. What aircraft operator's TSP must contain -- enhanced inspection area screening
2.36. What aircraft operator's TSP must contain -- security of passenger and crew information
2.37. What aircraft operator's TSP must contain -- checked baggage screening
2.38. What aircraft operator's TSP must contain -- passenger and checked baggage reconciliation
2.39. What aircraft operator's TSP must contain -- security of aircraft
2.40. What aircraft operator's TSP must contain -- security of aircraft cleaning operations and stores
2.41. What aircraft operator's TSP must contain -- security of cargo etc
2.42. What aircraft operator's TSP must contain -- security of documents
2.43. What aircraft operator's TSP must contain -- measures for heightened security alert
2.44. What aircraft operator's TSP must contain -- control directions
2.45. What aircraft operator's TSP must contain -- personnel with particular security roles
Division 2.4--Regulated air cargo agents
2.47. What this Division does
2.48. Scope of RACA's TSP
2.49. What RACA's TSP must contain -- outline
2.50. Content of programs -- RACAs
2.51. What RACA's TSP must contain -- cargo security measures
2.52. What RACA's TSP must contain -- procedures for managing security etc
2.53. What RACA's TSP must contain -- procedures for quality control
2.54. What RACA's TSP must contain -- details of RACA's name and operations
2.55. What RACA's TSP must contain -- physical security and access control
2.57. What RACA's TSP must contain -- measures for heightened security alert
2.58. What RACA's TSP must contain -- personnel with particular security roles
2.59. Content of RACA's TSP -- limit on persons covered
2.60. What RACA's TSP must contain -- regular customers
2.61. What RACA's TSP must contain -- informing consignors of certain matters
Division 2.6--Airservices Australia
2.75. Definition for Division -- AA
2.76. What this Division does
2.77. Scope of AA's TSP
2.78. What AA's TSP must contain -- outline
2.79. What AA's TSP must contain -- procedures for managing security etc
2.80. What AA's TSP must contain -- procedures for quality control
2.81. What AA's TSP must contain -- details of AA's operations
2.82. What AA's TSP must contain -- physical security and access control
2.83. What AA's TSP must contain -- control of firearms, other weapons and prohibited items
2.84. What AA's TSP must contain -- measures for heightened security alert
2.85. What AA's TSP must contain -- control directions
2.86. What AA's TSP must contain -- personnel with particular security roles
PART 3--AIRPORT AREAS AND ZONES
Division 3.1A--Security controlled airports -- categories
3.01A. Definitions
3.01B. Categories of security controlled airports
3.01C. Criteria to be considered by Secretary
Division 3.1--Establishment of areas and zones
3.01. Types of airside security zones
3.02. Types of landside security zones
3.02A. Type of airside event zones
3.02B. Type of landside event zones
Division 3.2--Control of secure areas -- use of ASICs etc
Subdivision 3.2.1--Display and use of ASICs, VICs and TACs in secure areas
3.03. Requirement to display ASICs in secure areas
3.04. Supervision and control while embarking and disembarking etc
3.05. Crew of foreign and state aircraft etc
3.06. Members of a defence force
3.07. Persons facilitating movement of cargo or passengers
3.07A. Persons attending baggage make-up areas
3.07B. Minors exempt from requirement to display ASIC
3.08. Persons exempted by Secretary from requirement to display ASIC
3.09. Persons who display valid VICs or TACs
3.10. Other cards not to be used as ASICs, VICs or TACs
3.11. Entry to secure area to be for lawful purposes only
Subdivision 3.2.2--Display and use of ASICs, VICs and TACs outside secure areas
3.12. Persons facilitating passenger check-in or baggage handling outside secure areas
Division 3.3--Control of airside areas and zones -- physical security
Subdivision 3.3.1--Preliminary
3.13. Definitions for Division
3.14. Common boundaries of areas and zones
3.15. Requirements for airside generally
Subdivision 3.3.2--Security restricted area
3.16. Additional security requirements for security restricted area
Subdivision 3.3.3--Enhanced inspection area
3.16A. Purpose and application of Subdivision
3.16B. Requirements for enhanced inspection area generally
3.16C. Additional security requirements for enhanced inspection area -- entry point screening
3.16D. Additional security requirements for enhanced inspection area -- random screening in area
Subdivision 3.3.4--Offences
3.17. Offences relating to entry to airside areas and airside security zones of security controlled airports
3.17A. Offence -- not operating enhanced inspection area screening point (entry point screening)
3.17B. Offence -- sign at enhanced inspection area screening point
3.17C. Offence -- not preventing entry to enhanced inspection area
Subdivision 3.3.5--Emergency Access
3.18. Access by emergency personnel
Division 3.4--Control of landside areas and zones -- physical security
3.19. Definitions for Division
3.20. Security requirements for sterile areas
3.21. Security requirements for landside security zones other than sterile areas
3.22. Security requirements for fuel storage zones
3.23. Security requirements for air traffic control facilities zones
3.24. Security requirements for navigational aids zones
3.25. Offences relating to entry to landside security zones
3.26. Access by emergency personnel
Division 3.5--Counter-terrorist first response function
3.28. Definition -- counter-terrorist first response
3.29. Provision of counter-terrorist first response force
3.30. Qualifications of members of counter-terrorist first response force
3.31. Dogs at certain airports
PART 3A--AIRSIDE AND LANDSIDE SPECIAL EVENT ZONES
Division 3A.1--Preliminary
3A.01. Definitions
Division 3A.2--Airside special event zones
3A.02. Application for an airside special event zone
3A.03. Further information about applications
3A.04. Notices
3A.05. Requirements for airside special event zones
3A.06. Offence if person moves out of airside special event zone
3A.07. Offence if airside special event zone manager allows unauthorised movement
Division 3A.3--Landside special event zones
Subdivision 3A.3.1--Application for a landside special event zone
3A.08. Application for a landside special event zone
3A.09. Further information about applications
3A.10. Notices
3A.11. Requirements for landside special event zones
Subdivision 3A.3.3--Offences relating to landside special event zones
3A.12. Offence if person moves out of landside special event zone
3A.13. Offence if landside special event zone manager allows unauthorised movement
PART 4--OTHER SECURITY MEASURES
Division 4.1--Screening and clearing
Subdivision 4.1.1--Screening and clearing generally
4.01. Definition -- operational period
4.02. Meaning of screened air service
4.03. Specification of persons to carry out screening
4.04. Things to be detected by screening
4.05. Dealing with weapons detected during screening
4.06. Dealing with prohibited items detected during screening
4.07. Use of hand-held metal detectors
4.08. Circumstances in which persons must be screened and cleared in order to board an aircraft
4.09. Circumstances in which persons may enter certain areas without being screened
4.10. Persons who may pass through screening point without being screened
4.11. Persons who may enter certain cleared areas other than through screening point
4.12. Foreign dignitaries receiving clearance at screening point without being screened
4.12A. Foreign dignitaries receiving clearance other than through a screening point
4.13. Certain inbound international transit passengers -- screening of passengers and their carry-on baggage
4.13A. Transit passengers may leave LAG items on board certain flights
4.14. Circumstances in which goods must be cleared before being taken on to an aircraft
4.15. When carry-on baggage must be cleared
4.16. Circumstances in which vehicles must be cleared in order to be taken onto aircraft
4.17. Methods, techniques and equipment to be used for screening
4.18. Notices to be displayed at places of screening of passengers and carry-on baggage
4.19. Supervision etc of baggage
4.20. Unaccompanied baggage
4.21. Control etc of baggage loading
4.21A. Circumstances relating to diversion of flights
4.22. Clearance of checked baggage removed from prescribed air service aircraft
4.22A. Definitions
4.22B. Meaning of exempt LAG item
4.22C. Meaning of LAG product
4.22D. Offence -- not establishing LAGs screening point
4.22E. Offence -- operator of inbound flight from exempt country
4.22F. Offence -- operator of inbound flight from non-exempt country
4.22G. Offence -- LAG product passing through LAGs screening point
4.22H. Offence -- more than 1 LAGs bag
4.22HA. Offence -- entering LAGs cleared area other than through screening point with impermissible LAG product
4.22I. Things to be detected by screening
4.22J. Dealing with LAG product surrendered during screening
4.22K. Offence -- preventing destruction of surrendered LAG products
4.22L. Offence -- not screening passengers before boarding
4.22M. Offence -- not preventing entry to LAGs cleared area
4.22N. Offence -- not screening for LAG products
4.22O. Offence -- not screening for more than 1 LAGs bag
4.22P. Offence -- sign at LAGs screening point
4.22Q. Notices
4.22R. Definitions
4.22S. Security requirements for security tamper-evident bags
4.22T. Offence -- supply of non-compliant security tamper-evident bags
Subdivision 4.1.2--Checked baggage screening
4.23. Offence -- aircraft operator loading checked baggage that has not been cleared
4.24. Offence -- failure of screening authority to supervise or control
4.25. International air services transiting Australia -- inbound
4.26. International air services transferring passengers in Australia -- inbound
4.27. International air services transiting Australia --outbound
4.28. International air services transferring passengers in Australia -- outbound
4.37. Requirement to notify intending passengers about checked baggage screening
4.38. Explosives not to be loaded on board aircraft
4.39. Opening of checked baggage
Division 4.1A--Examining, certifying and clearing cargo
Subdivision 4.1A.1--Requirements for examining, certifying and clearing cargo
4.40. Examining cargo
4.41. Certifying and clearing cargo
4.42. Regulated air cargo agents
4.43. How to become a RACA
4.44. Revocation of RACA designation
4.45. Secretary's list of regulated air cargo agents
4.45A. Failure to notify changes
4.46. Disclosure of information
4.47. Accredited air cargo agents
4.48. Applying for accreditation
4.49. Secretary to provide AACA security program
4.50. Consideration of amended AACA security program
4.51. Consideration of the application
4.51A. Decision on application
4.51B. Duration of accreditation
4.51C. Action by Secretary in relation to the accreditation
4.51D. Revocation of accreditation
4.51E. Secretary's list of AACAs
Subdivision 4.1A.4--AACA security programs
4.51F. What AACA security program must contain
Subdivision 4.1A.5--Offences
4.51G. AACA must comply with security program
4.51H. Failure to notify changes
Division 4.2--Weapons
4.52. Aviation industry participants authorised to have weapons (not firearms) in possession in secure areas
4.53. Persons authorised to have weapons (not firearms) in possession in secure areas
4.54. Persons authorised to have firearms in possession in airside areas
4.55. Persons authorised to carry weapons through screening points
4.56. Persons authorised to have firearms in possession in sterile areas
4.57. Dealing with weapons surrendered at security controlled airports
4.58. Dealing with weapons surrendered etc on aircraft
4.59. Persons authorised to have weapons in possession on prescribed aircraft
4.59A. Persons authorised to use firearms on prescribed aircraft
Division 4.3--Prohibited items
4.60. Prescription of sterile area
4.61. Aviation industry participants authorised to have prohibited items in possession in sterile areas
4.62. Persons authorised to have prohibited items that are tools of trade in possession in sterile areas
4.63. Persons authorised to have prohibited items in possession in sterile areas
4.64. Persons authorised to carry prohibited items through screening point
4.65. Persons authorised to have prohibited items in possession on prescribed aircraft
Division 4.4--On-board security
4.66. Management and control of passengers
4.67. Security of flight crew compartment -- all aircraft
4.68. Additional requirements for security of flight crew compartment -- aircraft with seating capacity 30 or more
4.69. Pre-flight security checks
4.70. Training programs
4.71. Unattended aircraft -- aircraft operating prescribed air service
4.72. Unattended aircraft
Division 4.5--Persons in custody
Subdivision 4.5.1--Preliminary
4.73. Definition for Division
Subdivision 4.5.2--Persons in custody under the Migration Act
4.74. Application of this Subdivision
4.75. Definition for Subdivision
4.76. Persons to whom and situations in which this Subdivision does not apply
4.77. Provision of information to operator of a prescribed air service -- person in custody undertaking supervised departure
4.78. Provision of information to operator of a prescribed air service -- escorted domestic travel maintaining immigration detention
4.79. Provision of information to operator of prescribed air service -- escorted international travel by non-dangerous persons
4.80. Provision of information to operator of prescribed air service and operator of security controlled airport -- escorted travel by dangerous persons
4.81. Escort arrangements for dangerous persons in custody
4.82. Escort arrangements for non-dangerous persons in custody
4.83. Limits on number of persons in custody undertaking escorted travel on prescribed aircraft
4.84. Exception for members of family unit
4.85. Information to be provided to aircraft's pilot in command
Subdivision 4.5.3--Persons in custody otherwise than under Migration Act
4.86. Application of this Subdivision
4.87. Definitions for Subdivision
4.88. Persons to whom Subdivision does not apply
4.89. Provision of information to operator of prescribed air service and operator of security controlled airport -- escorted travel
4.90. Escort arrangements for dangerous persons in custody
4.91. Escort arrangements for non-dangerous persons in custody
4.92. Limits on number of persons in custody undertaking escorted travel on prescribed aircraft
4.93. Exception for members of family unit
4.94. Information to be provided to aircraft's pilot in command
Division 4.6--Control directions
4.95. Compliance control directions
PART 5--POWERS OF OFFICIALS
Division 5.1--Aviation security inspectors
5.01. Identity cards
Division 5.2--Airport security guards
5.03. Training and qualifications of airport security guards
5.04. Identity cards for airport security guards
5.05. Uniforms of airport security guards
Division 5.3--Screening officers
5.06. Training and qualifications of screening officers
5.07. Identity cards for screening officers
5.08. Uniforms of screening officers
Division 5.4--Eligible customs officers
5.09. Training of eligible customs officers
5.10. Identity cards for eligible customs officers
5.11. Uniforms of eligible customs officers
PART 6--SECURITY IDENTIFICATION
Division 6.1--Preliminary
6.01. Definitions for this Part
6.03. Kinds of ASICs
6.04. Kinds of identification document
6.05. Authentication of certain foreign documents
Division 6.2--ASIC programs
6.06. What an ASIC program is
6.07. Issuing body to give effect to ASIC program
6.09. Direction to vary ASIC program
6.10. Variation of ASIC program by issuing body
6.11. Variation of program after 21 November 2011
Division 6.3--Issuing bodies
6.12. Customs and Border Protection and CASA to be issuing bodies
6.13. Existing issuing bodies
6.15. Application for authorisation to issue ASICs
6.16. Decision on application
6.17. Issuing bodies' staff etc
6.18. Copies of ASIC program to be made available
6.19. Revocation of authorisation for cause
6.19A. Secretary's discretion to revoke authorisation
6.20. Application by issuing body for revocation of authorisation
6.21. Re-applying for authorisation
6.22. Responsibility for ASICs of revoked issuing body etc
6.22A. Transitional issuing bodies
Division 6.4--Record-keeping
6.23. Register of ASICs
6.24. Other records of issuing bodies
6.25. Annual reporting by issuing bodies
6.25A. Register of VICs and other records
6.25B. Register of TACs
Division 6.5--ASICs, TACs and VICs -- issue, expiry, suspension and cancellation
6.26A. Definitions
6.26. ASICs -- application for issue
6.27. Issue of ASICs
6.27A. Approval of airport operator for airport-specific ASICs
6.27AA. Application for background check
6.28. ASICs -- issue
6.29. ASICs -- Secretary's approval of issue in certain cases
6.29A. AusCheck facility to be used when issuing an ASIC
6.30. Report to Secretary of refusal to issue ASICs in certain cases
6.31. Persons the subject of qualified security assessments
6.31A. Provision of information to Secretary AGD
6.32. ASICs -- period of issue and expiry
6.33. Form of ASICs other than temporary ASICs
6.35. Issue of replacement ASICs
6.36. Issue of temporary ASICs
6.37. Form of temporary ASICs
6.37A. Holder of temporary ASIC to be supervised
Subdivision 6.5.2A--Issue and form of TACs
6.37B. Issue of temporary aircrew card
6.37C. Holder of TAC to be supervised
6.37D. Form of TAC
Subdivision 6.5.3--Issue and form of VICs
6.37E. Who may issue a VIC
6.37F. Approval of aircraft operators as VIC issuers
6.37G. Authorisation of agent of airport operator or Secretary-approved VIC issuer
6.38. Issue of VICs
6.38A. Statement of reasons for entry to secure area
6.38B. Changed reasons for entry
6.38C. Proof of identity
6.38D. Particulars of VICs
6.38E. The 28 day rule -- VICs issued for particular airport
6.38EA. The 28 day rule -- additional rules for Secretary-approved VIC issuers
6.38EB. The 28 day rule -- additional rule for Customs and Border Protection
6.38F. Temporary exemption from 28 day rule
6.38G. VIC issued to applicant for ASIC
6.38H. VIC issued to ASIC holder
6.38I. VIC issued to person in exceptional circumstances
6.39. Default form of VICs
6.39A. Secretary's approval of the issue of VICs in other forms
6.40. Obligations of VIC issuer
6.41. Obligation of ASIC holders -- conviction of aviation- security-relevant offence
6.41A. Obligation on issuing body notified under regulation 6.41
6.42. Obligation of ASIC holders -- change of name
6.42A. Suspension of ASICs -- Secretary's direction
6.42B. Suspension of ASIC by issuing body
6.42C. Period of suspension of ASIC
6.42D. Suspension of temporary ASIC
6.42E. Report to Secretary of suspension of ASIC
Subdivision 6.5.5--Cancellation and other matters concerning ASICs, VICs and TACs
6.42F. Definition
6.43. Cancellation of ASICs
6.43A. Reinstatement of cancelled ASIC -- application
6.43B. Reinstatement of ASIC cancelled for qualified security assessment -- Secretary's decision
6.43C. Reinstatement of ASIC cancelled for adverse criminal record -- Secretary's decision
6.43D. Reinstatement of ASIC subject to condition
6.43E. When issuing body must reinstate cancelled ASIC
6.43F. Cancellation of VICs and TACs
6.44. Report of cancellation of ASICs, VICs and TACs in certain cases
6.44A. Notifying airport operator of suspended or cancelled ASIC
6.45. Return of ASICs, VICs and TACs that have expired etc
6.46. Notification of lost, stolen or destroyed ASICs, VICs and TACs
6.47. Cancellation of ASICs, VICs or TACs at holder's request
6.48. Disqualification from holding ASICs for contravening display requirements
6.49. Minister may recall ASICs, VICs and TACs
6.50. Sample ASICs, VICs and TACs for training purposes
Division 6.6--Powers of security officers in relation to ASICs, VICs and TACs
6.52. Definition -- security officer
6.53. Directions to show valid ASICs, VICs and TACs
Division 6.7--Security designated authorisations
6.54. Definitions for Division
6.55. Exercise of privileges of flight crew licences etc
6.55A. Functions of CASA
6.56. Request for aviation security status check
6.56A. Authorisation of certain disclosures of personal information
6.57. Flight crew licences etc -- requirements in relation to issue
6.58. Secretary's determination whether a person has adverse aviation security status
6.58A. Matters to which CASA must have regard in determining aviation security status
6.58B. Notice by CASA of certain decisions
6.59. Conviction of holders of security designated authorisation of aviation-security-relevant offences
PART 7--ENFORCEMENT
7.01. Purpose and effect of Part
7.02. Definition for Part -- authorised person
7.03. Amount of penalty if infringement notice issued
7.04. Authorised persons may issue infringement notices
7.05. Contents of infringement notice
7.06. Service of infringement notices
7.07. Time for payment of penalty
7.08. Extension of time to pay penalty
7.09. Effect of payment of penalty
7.10. Withdrawal of infringement notice
7.11. Notice of withdrawal of infringement notices
7.12. Refund of penalty
PART 8--REVIEW OF DECISIONS
8.01. Definitions
8.02. Review of decisions in relation to ASICs and related matters -- decisions of Secretary
8.03. Review of decisions in relation to ASICs and related matters -- decisions of issuing bodies
8.04. Review of decisions in relation to regulated air cargo agents
8.05. Review of decisions in relation to AACAs
8.06. Review of decisions in relation to VIC issuers
PART 9--MISCELLANEOUS
9.01. Threats regarding aviation security
9.02. Service of notices
SCHEDULE 1 Forms
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