(1)

An aviation security inspector may exercise the powers set out in subsection (2) for the following purposes:

(a)

determining whether a person is complying with this Act;

(b)

investigating a possible contravention of this Act.

(2)

For the purposes set out in subsection (1), an aviation security inspector may:

(a)

enter and inspect:

(i) a security controlled airport; or
(ii) any area, building (other than a residence) or vehicle under the control of an aviation industry participant; or
(iii) if an aviation industry participant operates from a residence or a part of a residence—the residence or the part of the residence from which the participant operates; or

(b)

inspect equipment in a place or vehicle mentioned in paragraph (a); or

(c)

observe the operating procedures of an aviation industry participant; or

(d)

discuss those procedures with an employee of the aviation industry participant or with another aviation industry participant; or

(e)

inspect, photograph or copy a document or record made or kept by an aviation industry participant; or

(f)

operate equipment at a place mentioned in paragraph (a) for the purposes of gaining access to a document or record made or kept by an aviation industry participant.

(3)

An aviation security inspector may exercise a power mentioned in subsection (2):

(a)

if the power is exercised within the boundaries of a security controlled airport—at any time and without notice; or

(b)

otherwise—after giving the aviation industry participant concerned reasonable notice.

(4)

However, in exercising a power under this section, an aviation security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.

(5)

A person commits an offence if:

(a)

the person engages in conduct; and

(b)

the conduct hinders or obstructs an aviation security inspector in the exercise of a power under this section.

Penalty: 50 penalty units.

(6)

Subsection (5) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).

(7)

Subsection (5) is an offence of strict liability.