44CRequirements for examining and clearing cargo

#### 44C Requirements for examining and clearing cargo (1) For the purposes of safeguarding against unlawful interference with aviation, safeguarding against operational interference with aviation or preventing the use of aviation in connection with serious and organised crime, the regulations may: (a) prescribe requirements in relation to one or more of the following: (i) examining cargo; (iii) receiving clearance; (iv) the circumstances in which cargo is required to be cleared; and (aa) establish a scheme under which certain persons that carry on a business that includes handling, or making arrangements for transport, of cargo are approved as known consignors; (b) establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are designated as regulated air cargo agents; and Note: Regulated air cargo agents are a kind of regulated agent: see the definition of regulated agent in section 9. (c) establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are accredited as accredited air cargo agents; and Note: Accredited air cargo agents are a kind of regulated agent: see the definition of regulated agent in section 9. (d) prescribe conditions that must be complied with by: (i) all known consignors, all regulated agents or all aircraft operators; or (ii) one or more specified classes of known consignors, regulated agents or aircraft operators; or (iii) one or more specified known consignors, regulated agents or aircraft operators; and (f) prohibit a person from carrying on a business to the extent that it consists of: (i) handling cargo; or (ii) making arrangements for the transport of cargo; unless the person is a known consignor, a regulated agent or an aircraft operator; and (g) prescribe training, qualification or other requirements for employees of: (i) all known consignors, all regulated agents or all aircraft operators; or (ii) one or more specified classes of known consignors, regulated agents or aircraft operators; or (iii) one or more specified known consignors, regulated agents or aircraft operators. (1A) The Secretary may, by legislative instrument, make a determination in relation to the matter covered by paragraph (1)(g). (2) Without limiting subsection (1), the following matters may be dealt with by regulations made under that subsection: (a) the examination of cargo by: (i) all known consignors, all regulated agents or all aircraft operators; or (ii) one or more specified classes of known consignors, regulated agents or aircraft operators; or (iii) one or more specified known consignors, regulated agents or aircraft operators; (b) the procedures for dealing with cargo examined as mentioned in paragraph (a); (c) the places where examination is to be conducted; (d) the methods, techniques and equipment to be used for examination; (e) the things to be detected by examination; (f) the procedures for dealing with things detected by examination; (g) the circumstances in which cargo may receive clearance by: (i) all known consignors, all regulated agents or all aircraft operators; or (ii) one or more specified classes of known consignors, regulated agents or aircraft operators; or (iii) one or more specified known consignors, regulated agents or aircraft operators; (ga) how cargo is to be handled (including methods, techniques or equipment to be used) in order to receive clearance; (gb) how cargo is to be handled (including methods, techniques or equipment to be used) after receiving clearance in order to maintain its status as cleared; (h) the supervision and control measures for dealing with cargo that has received clearance; (ha) the method for applying for approval as a known consignor and how such applications are dealt with; (i) the method for designating a person as a regulated air cargo agent; (j) the method of applying for accreditation as an accredited air cargo agent and how such applications are to be dealt with; (k) security programs for known consignors, regulated air cargo agents or accredited air cargo agents. (3) Regulations made under paragraph (2)(a), (b), (c), (d), (e), (f), (g), (ga), (gb) or (h) may provide that some or all of the matters set out in that paragraph are to be specified in written notices made by the Secretary. Such a notice may provide that the notice is only to be given to the persons, or classes of persons, specified in the notice. (3AA) To avoid doubt, regulations made for the purposes of subsection (1) may provide for the revocation of a person’s approval as a known consignor, designation as a regulated air cargo agent or accreditation as an accredited air cargo agent, including in circumstances where the person has accumulated a specified number of demerit points. > Note: For the demerit points system, see Division 5 of Part 8. (3A) To avoid doubt, regulations or other legislative instruments dealing with the examination of cargo may provide for, or require, cargo to be opened, deconsolidated or unpacked (whether or not the owner of the cargo, or any other person, has consented). (3B) To avoid doubt, regulations made for the purposes of paragraph (2)(k) may prescribe matters that may, or must, be included in a security program for a known consignor, regulated air cargo agent or accredited air cargo agent. (3C) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of paragraph (2)(k) 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. (4) Regulations or other legislative instruments made for the purposes of this section may prescribe penalties for offences against those instruments. The penalties must not exceed: (a) for an offence committed by an aircraft operator—250 penalty units; or (b) for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or (c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units. > Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.