16Content of programs

#### 16 Content of programs (1) A transport security program for an aviation industry participant must demonstrate that the participant: (a) is aware of the participant’s general responsibility to contribute to the maintenance of aviation security; and (b) has developed an integrated, responsible and proactive approach to managing aviation security; and (c) is aware of, and has the capacity to meet, the specific obligations imposed on the participant under this Act; and (d) has taken into account relevant features of the participant’s operation in developing activities and strategies for managing aviation security. (2) A transport security program for an aviation industry participant must set out the following: (a) how the participant will manage and co‑ordinate aviation security activities within the participant’s operation; (b) how the participant will co‑ordinate the management of aviation security with other parties (including Commonwealth agencies) who have responsibilities for, or are connected with, aviation; (c) the technology, equipment and procedures to be used by the participant to maintain aviation security; (d) how the participant will respond to aviation security incidents; (e) the practices and procedures to be used by the participant to protect security compliance information; (f) the other aviation industry participants who are covered by, or operating under, the program; (g) the consultation that was undertaken, in preparing the program, by the participant with the other aviation industry participants who are covered by, or operating under, the program. (2A) A transport security program for an aviation industry participant must: (a) include a security assessment for: (i) the participant’s operation; or (ii) if the participant has more than one program—the operations or locations covered by the program; and (b) set out the participant’s measures and procedures for addressing the outcomes of the security assessment included in the program; and (c) set out the participant’s measures and procedures for complying with the minimum requirements (if any) for the participant prescribed by the regulations for the purposes of subsection (2D). (2B) The security assessment under paragraph (2A)(a) must: (a) take into account any documents required in writing by the Secretary to be taken into account; and (b) address any matters prescribed by the regulations for the purposes of this paragraph. (2C) Regulations made for the purposes of paragraph (2B)(b) may prescribe matters for one or more of the following: (a) each security assessment; (b) each security assessment for a particular kind of aviation industry participant; (c) each security assessment for a particular class of a particular kind of aviation industry participant. (2D) The regulations may, for the purpose of safeguarding against unlawful interference with aviation or operational interference with aviation, prescribe minimum requirements for one or more of the following: (a) all aviation industry participants; (b) a particular kind of aviation industry participant; (c) a particular class of a particular kind of aviation industry participant. (3) The regulations may prescribe other matters that are to be dealt with in one or more of the following: (a) each transport security program; (b) each transport security program for a particular kind of aviation industry participant; (c) each transport security program for a particular class of a particular kind of aviation industry participant. (4) The regulations may prescribe matters that: (a) relate to safeguarding against: (i) unlawful interference with aviation; or (ii) operational interference with aviation; and (b) must be dealt with in one or more of the following: (i) each transport security program; (ii) each transport security program for a particular kind of aviation industry participant; (iii) each transport security program for a particular class of a particular kind of aviation industry participant. (5) Subsection (4) does not limit subsection (3). Incorporation by reference (6) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a document as in force or existing from time to time.