Commonwealth Numbered Acts

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AVIATION TRANSPORT SECURITY ACT 2004 No. 8, 2004 - SECT 9

Definitions
In this Act, unless the contrary intention appears:

"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.

"Agency" has the same meaning as in the Public Service Act 1999 .

"aircraft" has the same meaning as in the Civil Aviation Act 1988 .

"aircraft operator" means a person who conducts, or offers to conduct, an air service.

"airport" has the meaning given by subsection 28(1).

"airport operator" means the operator of an airport.

"airport security guard" has the meaning given by subsection 91(1).

"air service" means a service of providing air transportation of people or goods, or both people and goods.

"Airservices Australia" means the body established by subsection 7(1) of the Air Services Act 1995 .

"airside area" means an airside area established under subsection 29(1) and includes any airside security zone established within the airside area.

"airside security zone "means an airside security zone established under subsection 30(1).

"Australian aircraft "has the same meaning as in the Air Services Act 1995 .

"Australian territory" means:

(a)
the territory of Australia and of every external Territory; and
(b)
the territorial sea of Australia and of every external Territory; and
(c)
the air space over any such territory or sea.
"aviation industry participant" means:

(a)
an airport operator; or
(b)
an aircraft operator; or
(c)
a regulated air cargo agent; or
(d)
a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement); or
(e)
a person (other than an aviation security inspector) appointed by the Secretary under this Act to perform a security function; or
(ea)
Airservices Australia; or
(f)
a contractor who provides services to a person mentioned in paragraphs (a) to (e).
Note: The Australian Defence Force cannot be an aviation industry participant: see subsection 8(2).

"aviation security incident" has the meaning given by section 99.

"aviation security inspector" means a person appointed under subsection 77(1).

"baggage" means any article or possession of a passenger of an aircraft, or crew member of an aircraft, that is to be carried on board that aircraft.

"cargo" means goods, other than baggage or stores, that are transported, or intended to be transported, by aircraft.

"CASA" has the same meaning as in the Civil Aviation Act 1988 .

"cleared":

(a)
in relation to a person, has the meaning given by subsection 41(3); and
(b)
in relation to goods, has the meaning given by subsection 42(3); and
(c)
in relation to a vehicle, has the meaning given by subsection 43(3).
"cleared aircraft": an aircraft is a cleared aircraft if, under regulations made under Division 2 of Part 4, the only passengers who are allowed to board the aircraft are passengers who are cleared.

"cleared area" means an area that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance.

"cleared zone" means a zone that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance.

"compliance control direction" has the meaning given by subsection 74B(2).

"confidentiality requirements" has the meaning given by subsection 68(2).

"critical facility" has the meaning given by subsection 31(3).

"critical structure" has the meaning given by subsection 31(4).

"damage", in relation to data, includes damage by erasure of data or addition of other data.

"employee", in relation to an aviation industry participant, means an individual:

(a)
employed by the aviation industry participant; or
(b)
engaged under a contract for services between the individual and the aviation industry participant.
"enforcement order" means an order made under section 119.

"engage in conduct" has the same meaning as in the Criminal Code .

"Federal Court "means the Federal Court of Australia.

"frisk search" has the same meaning as in the Crimes Act 1914 .

"incident control direction" has the meaning given by subsection 74D(3).

"in flight "has the same meaning as in the Crimes (Aviation) Act 1991 .

"in service", in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention.

"joint-user area" has the meaning given by subsection 28(5).

"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.

"landside area "has the meaning given by subsection 29(3) and includes any landside security zone established within the landside area.

"landside security zone "means a landside security zone established under subsection 32(1).

"law enforcement officer" has the meaning given by section 82.

"Montreal Convention" has the same meaning as in the Crimes

(Aviation)
Act 1991 .

"ordinary search" has the same meaning as in the Crimes Act 1914 .

"passenger" includes an intending passenger.

"person in custody" has the meaning given by section 64.

person with incident reporting responsibilities has the meaning given by subsection 102(4).

"pilot in command", in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.

"prescribed aircraft" means an aircraft that:

(a)
is being used for a prescribed air service; or
(b)
is regularly used for prescribed air services.
"prescribed air service" means an air service prescribed in the regulations for the purposes of this definition.

"prohibited item" means an item that:

(a)
could be used for unlawful interference with aviation; and
(b)
is prescribed in the regulations for the purposes of this definition.
"receive clearance":

(a)
in relation to a person, has the meaning given by subsection 41(2); and
(b)
in relation to goods, has the meaning given by subsection 42(2); and
(c)
in relation to a vehicle, has the meaning given by subsection 43(2).
"regulated air cargo agent" means a person designated as a regulated air cargo agent in accordance with regulations made under section 44.

"screened":

(a)
in relation to a person, has the meaning given by subsection 41(1); and
(b)
in relation to goods, has the meaning given by subsection 42(1); and
(c)
in relation to a vehicle, has the meaning given by subsection 43(1).
"screening officer" has the meaning given by subsection 94(1).

"screening point" means a place where screening occurs.

"Secretary "means the Secretary of the Department.

"security compliance information" has the meaning given by subsection 109(1).

"security controlled airport" has the meaning given by subsection 28(2).

"special security direction" has the meaning given by subsection 67(2).

"state aircraft" has the same meaning as in the Air Navigation Act 1920 .

"stores" means items that are to be carried on board an aircraft for use, sale or consumption on the aircraft.

"this Act" includes the regulations.

"threaten": a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.

"transport security program" means a program prepared for the purposes of Part 2.

"unlawful interference with aviation" has the meaning given by section 10.

vehicle does not include an aircraft.

"weapon" means:

(a)
a firearm of any kind; or
(b)
a thing prescribed by the regulations to be a weapon; or
(c)
a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or
(d)
a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).


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