79Powers of aviation security inspectors—general

79 Powers of aviation security inspectors—general

General powers (1) An aviation security inspector may exercise the powers set out in subsection (2) for the following purposes: (a) determining whether a person is complying with this Act; (b) investigating a possible contravention of this Act; (c) identifying the existence, or extent, of: (i) a flaw in an aviation security system; or (ii) a vulnerability in an aviation security system. (2) For the purposes set out in subsection (1), an aviation security inspector may: (a) enter and inspect a security controlled airport; or (b) enter and inspect: (i) any area, building (other than a residence) or vehicle under the control of an aviation industry participant; or (ii) if an aviation industry participant operates from a residence or a part of a residence—the residence or the part of the residence from which the participant operates; or (c) inspect equipment in a place or vehicle mentioned in paragraph (a) or (b); or (d) observe the operating procedures of an aviation industry participant; or (e) discuss those procedures with an employee of the aviation industry participant or with another aviation industry participant; or (f) inspect, photograph or copy a document or record made or kept by an aviation industry participant; or (g) operate equipment at a place mentioned in paragraph (a) or (b) for the purposes of gaining access to a document or record made or kept by an aviation industry participant; or (h) test a security system for a place or vehicle mentioned in paragraph (a) or (b) in accordance with the requirements prescribed by the regulations for the purposes of this paragraph, including by: (i) using an item, test weapon or vehicle to test its detection; and (ii) operating, or connecting to, equipment (including electronic equipment) located in the place or vehicle or at any other place in Australia.

Note: An aviation security inspector must ensure that the exercise of the power under paragraph (h) does not seriously endanger the health or safety of any person, or the inspector will not be immune from civil or criminal liability (see subsection (9)).

(2A) However, a power under paragraph (2)(h) may not be exercised unless regulations prescribing requirements for conducting tests of security systems have been made for the purposes of that paragraph and are in force. (2B) For the purposes of paragraph (2)(h), it is immaterial whether the testing of a security system for a place or vehicle mentioned in paragraph (2)(a) or (b) is done: (a) in the place or vehicle; or (b) at any other place in Australia. When notice required for exercise of powers (3) An aviation security inspector may exercise a power mentioned in subsection (2): (a) if the power is exercised within the boundaries of a security controlled airport—at any time and without notice; or (aa) if the power is exercised outside the boundaries of a security controlled airport but is one to which subsection (3A) applies—at any time and without notice; or (b) otherwise—after giving the aviation industry participant concerned reasonable notice. (3A) This subsection applies to the following powers: (a) a power covered by subparagraph (2)(b)(i); (b) a power covered by paragraph (2)(c), to the extent that it relates to subparagraph (2)(b)(i); (c) a power covered by paragraph (2)(d) or (e); (d) a power covered by paragraph (2)(f), to the extent that the document or record is found in the exercise of a power covered by paragraph (a), (b) or (e) of this subsection; (e) a power covered by paragraph (2)(g), to the extent that it relates to subparagraph (2)(b)(i); (f) a power covered by subparagraph (2)(h), to the extent that it relates to subparagraph (2)(b)(i). Offence (5) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct hinders or obstructs an aviation security inspector in the exercise of a power under this section (other than paragraph (2)(h)).