Aviation Transport Security Act 2004

Exempt from this law:

• Military (Australian Defence Force) aircraft and operations
• Police forces and Australian Federal Police (in their law enforcement capacity)

What the Law Requires

1. Security Programs Most aviation businesses must develop a written Transport Security Program — essentially a security plan that explains how they will protect their operations from threats. These plans must be approved by the Secretary of the relevant government department and renewed every 5 years. The Secretary can force changes to these plans, or cancel them if they're inadequate.

2. Airport Zones and Access Controls Airports are divided into strictly controlled areas:

• Airside areas — the tarmac, gates, and operational zones where planes are (strict access controls apply)
• Landside areas — check-in halls, terminal public areas (some controls apply)
• Security zones — even tighter restricted sub-areas within the above
• Event zones — temporary special-purpose zones (e.g., for major events)

Regulations set out exactly who can enter these zones, what identification is needed (like security passes), and what screening is required.

3. Screening Passengers and their bags must be screened before boarding. The Act sets out the framework for how this works and who can conduct screening.

4. Weapons and Prohibited Items Bringing weapons or prohibited items (defined by ministerial instrument — a type of government order) into secure areas or onto planes is an offence.

5. Cybersecurity The Act was expanded to cover cyber attacks on aviation systems. Unauthorised hacking, disruption of aviation computer systems, or interference with aviation data is treated as a serious security threat under this law.

6. Cargo Security Specific rules govern air freight, including a system of approved known consignors (trusted businesses that regularly send freight) and regulated air cargo agents (intermediaries who handle cargo).

7. Special Powers The Secretary (senior government official) can issue special security directions in emergencies — compelling aviation participants to take specific actions. There are also control directions for compliance and incident management.

8. Inspectors and Enforcement The law creates aviation security inspectors with broad powers. Enforcement tools include:

• Fines (infringement notices)
• Court orders
• A demerit points system (like a driving licence — accumulate too many points and your security program approval can be cancelled)
• Injunctions (court orders to stop or require behaviour)

9. Reporting Aviation businesses must report aviation security incidents to the government.

10. Review Rights Decisions made under this Act (like refusing to approve a security program) can be reviewed by the Administrative Review Tribunal (a body that independently reviews government decisions).

What It Doesn't Do

The Act explicitly does not prevent lawful protest, advocacy, dissent, or industrial action (like strikes) — as long as these don't actually endanger aviation security.

International Obligations

Australia is a signatory to the Chicago Convention (the international agreement governing civil aviation). This law helps Australia meet its obligations under that treaty.