Commonwealth Consolidated Regulations

AVIATION TRANSPORT SECURITY REGULATIONS 2005 - REG 4.21A

         (1)   For subparagraph 2.38 (a) (ii) and paragraph 4.21 (7) (c), each of the following paragraphs specifies a circumstance for the diversion of a flight of an aircraft from its scheduled destination to an alternative destination:

                (a)    the pilot in command of the aircraft was required to divert the aircraft because of:

                          (i)    the meteorological conditions at the scheduled destination or on the way to the scheduled destination; or

                         (ii)    an emergency or other event at the scheduled destination that made the scheduled destination unsuitable for landing of the aircraft; or

                        (iii)    curfew restrictions at the scheduled destination; or

                        (iv)    concerns about the aircraft's remaining fuel supply; or

                         (v)    a malfunction of the aircraft, or aircraft equipment; or

                        (vi)    an instruction or direction given by air traffic control, CASA or the Secretary;

               (b)    all of the following apply:

                          (i)    the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);

                         (ii)    an item of checked baggage on board the aircraft is matched to a passenger who does not re-board, or remain on board, the aircraft following the diversion;

                        (iii)    before the aircraft departs from the alternative destination, the Secretary gives an approval for the item of checked baggage to remain on board the aircraft when it departs from the alternative destination;

                (c)    all of the following apply:

                          (i)    the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);

                         (ii)    an item of checked baggage on board the aircraft is matched to a passenger who does not re-board, or remain on board, the aircraft following the diversion;

                        (iii)    the alternative destination does not have appropriate equipment for unloading that kind of aircraft.

         (2)   The Secretary may give an approval under subparagraph (1) (b) (iii) if the Secretary is satisfied that the approval will not adversely affect the safety or security of the aircraft.

         (3)   If an approval under subparagraph (1) (b) (iii) is not given in writing, the Secretary must make a written record of the approval as soon as practicable after giving the approval.

         (4)   The record must include:

                (a)    the date and time the approval was given; and

               (b)    the reasons for giving the approval.