Aviation Transport Security Act 2004 (Cth)

Aviation Transport Security Act 2004

No. 8, 2004

Compilation No. 36

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Aviation Transport Security Act 2004 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary Division 1—Short title and commencement 1 Short title 2 Commencement Division 2—Purposes and simplified overview of this Act 3 Purposes of this Act 4 Simplified overview of this Act Division 3—Application 5 Extension to Territories 6 Geographical jurisdiction 7 Act to bind Crown 8 Act not to apply to state aircraft etc. Division 4—Definitions 9 Definitions 9A Prohibited items Division 5—Unlawful interference with aviation 10 Meaning of unlawful interference with aviation Division 6—General defences 10A General defences Part 2—Transport security programs Division 1—Simplified overview of Part 11 Simplified overview of Part Division 2—Aviation industry participants required to have programs 12 Who must have a program 13 Participants required to have programs to operate 14 Participants must comply with programs Division 3—Complying with programs of other participants 15 Complying with transport security programs of other participants Division 4—Content and form of programs given to the Secretary 15A Application of this Division 16 Content of programs 17 Form of programs etc. Division 5—Approving, revising and cancelling programs given to the Secretary 17A Application of this Division 18 Providing programs for approval 19 Approval 20 When a program is in force 21 Secretary may direct participants to vary programs 22 Participants may revise programs 23 Secretary may direct participants to revise programs 23A Secretary may approve alterations of programs 25 Cancelling inadequate programs 26 Cancelling for failure to comply 26A Cancelling transport security programs on request Division 6—Programs given by the Secretary 26B Secretary may give participants a program 26C Content of programs 26D When a program is in force 26E Relationship with Division 5 26F Secretary may revise or cancel inadequate programs 26G Cancelling for failure to comply 26H Cancelling programs on request Part 3—Airport areas and zones Division 1—Simplified overview of Part 27 Simplified overview of Part Division 2—Establishment of areas and zones 28 Airports and security controlled airports 28A Categories of security controlled airports 29 Airport areas—airside and landside 30 Airside security zones 31 Types of airside security zones 31A Airside event zones 31B Types of airside event zones 32 Landside security zones 33 Types of landside security zones 33A Landside event zones 33B Types of landside event zones 34 Matters to be considered in establishing areas and zones Division 3—Control of airside areas and zones 35 Requirements for airside areas 36 Requirements for airside security zones 36A Requirements for airside event zones Division 4—Control of landside areas and zones 37 Requirements for landside areas 38 Requirements for landside security zones 38A Requirements for landside event zones Division 4A—Serious crime 38AA Purpose of this Division 38AB Requirements relating to access to areas and zones Division 5—Offences for causing disruption or interference in relation to security controlled airports 38B Offences for causing disruption or interference in relation to security controlled airports Part 4—Other security measures Division 1—Simplified overview of Part 39 Simplified overview of Part Division 2—Screening and clearing 40 Simplified overview of Division 41 Screening and clearing people 41A Consent to screening procedures 42 Screening and clearing goods (other than cargo) 43 Screening and clearing vehicles 44 Requirements for screening and clearing Division 2A—Examining and clearing cargo 44A Simplified overview of Division 44B Examining and clearing cargo 44C Requirements for examining and clearing cargo Division 3—Weapons 45 Simplified overview of Division 46 Weapons in airside areas, landside security zones and landside event zones 47 Carrying weapons through a screening point 48 Weapons on board an aircraft—strict liability 49 Weapons on board an aircraft—general 50 Failure to comply with conditions 51 Secretary may permit by class 52 Other weapons requirements Division 4—Prohibited items 53 Simplified overview of Division 54 Prohibited items in airside security zones, airside event zones, landside security zones and landside event zones 55 Carrying prohibited items through a screening point 56 Prohibited items on board an aircraft—strict liability 57 Prohibited items on board an aircraft—general 58 Failure to comply with conditions 59 Secretary may permit by class 60 Other prohibited items requirements Division 5—On‑board security 61 Simplified overview of Division 62 On‑board security Division 6—Persons in custody 63 Simplified overview of Division 64 Meaning of person in custody 65 Requirements relating to persons in custody Division 6A—Prohibiting entry of certain cargo into Australian territory 65A Simplified overview of Division 65B Minister may prohibit entry of certain kinds of cargo into Australian territory 65C Failure to comply with prohibition Division 7—Special security directions 66 Simplified overview of Division 67 Secretary may give special security directions 68 Confidentiality requirements 69 Persons to whom special security directions may be given 70 When a special security direction is in force 71 Secretary may extend direction for further 3 months 72 Certain directions not to be re‑made for 6 months 73 Failure to comply with special security directions 74 Failure to comply with confidentiality requirements Division 8—Control directions 74A Simplified overview of Division 74B Compliance control directions 74C Failure to comply with compliance control directions 74D Incident control directions 74E Failure to comply with incident control directions Division 9—Security status checking 74F Simplified overview of Division 74G Secretary may determine that a person has an adverse aviation security status 74H Regulations 74I Division operates despite the Civil Aviation Act 1988 Division 10—Optical surveillance devices 74J Purposes of this Division 74K Minister may determine code Part 5—Powers of officials Division 1—Simplified overview of Part 75 Simplified overview of Part Division 2—Aviation security inspectors 76 Simplified overview of Division 77 Appointment 78 Identity cards 79 Powers of aviation security inspectors—general 80 Powers of aviation security inspectors—aircraft Division 3—Law enforcement officers 81 Simplified overview of Division 82 Law enforcement officers 83 Access to airports by law enforcement officers 84 Stopping and searching people 85 Stopping and searching vehicles 86 Requests to leave areas or zones 87 Removing people from aircraft, airports, areas or zones 88 Removing vehicles from areas or zones 89 Other law enforcement powers not affected Division 3A—Eligible customs officers 89A Simplified overview of Division 89B Eligible customs officers 89C Stopping and searching persons 89D Stopping and searching vehicles 89E Requests to leave aircraft, airport or areas or zones 89F Power to physically restrain persons 89G Removing vehicles from areas or zones 89H Other powers not affected Division 4—Airport security guards 90 Simplified overview of Division 91 Airport security guards 92 Airport security guards' power to physically restrain persons Division 5—Screening officers 93 Simplified overview of Division 94 Screening officers 94A Requirements relating to screening officers 94B Exemption from requirements relating to screening officers 94C Exercise of powers and performance of screening functions by screening officers 94D Report on number of exemptions 95 Screening powers 95B Screening powers—frisk search as an additional screening procedure 95C Screening powers—frisk search general power 96 Screening officers' power to physically restrain persons Part 6—Reporting aviation security incidents Division 1—Simplified overview of Part 98 Simplified overview of Part Division 2—Meaning of aviation security incident 99 Meaning of aviation security incident Division 3—Certain people must report incidents 100 Airport operators 101 Aircraft operators 102 Persons with incident reporting responsibilities 103 Employees Division 4—Reporting requirements 104 Reporting by airport operators 105 Reporting by aircraft operators 106 Reporting by persons with incident reporting responsibilities Division 5—Form and content of reports 107 How reports are to be made Part 7—Information‑gathering Division 1—Simplified overview of Part 108 Simplified overview of Part Division 2—Secretary may require security compliance information 109 Secretary may require security compliance information 110 Self‑incrimination Division 3—Secretary may require aviation security information 111 Secretary may require aviation security information 112 Self‑incrimination Part 8—Enforcement Division 1—Simplified overview of Part 116 Simplified overview of Part Division 2—Infringement notices 117 Infringement notices Division 3—Enforcement orders 118 Simplified overview of Division 119 Secretary may make enforcement orders 120 Commencement and duration of enforcement orders 121 Reviews of enforcement orders 122 Notice of enforcement orders 123 Complying with enforcement orders Division 3A—Enforceable undertakings 123A Acceptance of undertakings 123B Enforcement of undertakings Division 4—Injunctions 124 Injunctions Division 5—Demerit points system 125 Demerit points Part 9—Review of decisions 126 Review of decisions by Administrative Review Tribunal Part 10—Miscellaneous 127 Delegation 127A Sub‑delegation 128 Compensation for damage to electronic equipment 129 Compensation for acquisition of property 130 Part 11 of the Airports Act 1996 131 Scope of immunities and privileges 132 Severability—additional effect of Act 133 Regulations 134 Extra‑territorial operation of regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history