80Powers of aviation security inspectors—aircraft

#### 80 Powers of aviation security inspectors—aircraft Powers relating to aircraft (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. > Note: Aviation security inspectors are also able to give compliance control directions: see section 74B. (2) For the purposes set out in subsection (1), an aviation security inspector may: (a) enter and inspect an aircraft operator’s aircraft at a security controlled airport; or (b) inspect equipment in the aircraft; or (c) observe operating procedures for the aircraft (whether carried out by the crew or some other person); or (d) discuss those procedures with a person carrying them out or with another aviation industry participant; or (e) inspect, photograph or copy a document or record held in the aircraft that relates to a passenger or an item of cargo; or (f) test a security system for the aircraft 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 aircraft or at any other place in Australia. Note: An aviation security inspector must ensure that the exercise of the power under paragraph (f) 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 (7)). (2A) However, a power under paragraph (2)(f) to test a security system for an aircraft: (a) must 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; and (b) must not be exercised while passengers are on board, boarding or disembarking from the aircraft. (2B) For the purposes of paragraph (2)(f), it is immaterial whether the testing of a security system for an aircraft is done: (a) in the aircraft; or (b) at any other place in Australia. Notice requirement (3) An aviation security inspector may exercise a power mentioned in subsection (2) after giving the aircraft operator reasonable notice. Offence (4) 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)(f)). Penalty: 50 penalty units. (5) Subsection (4) does not apply if the person has a reasonable excuse. > Note 1: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). > Note 2: The offence of obstructing a Commonwealth public official may also apply (see section 149.1 of the Criminal Code). (6) Subsection (4) is an offence of strict liability. Immunity (7) An aviation security inspector is not subject to any civil or criminal liability under the law of the Commonwealth, a State or a Territory in relation to the exercise of a power under paragraph (2)(f) to the extent that the exercise of the power: (a) is in good faith; and (b) does not seriously endanger the health or safety of any person; and (c) does not result in significant loss of, or serious damage to, property. > Note: A defendant bears an evidential burden in relation to the matter in this subsection for a criminal proceeding (see subsection 13.3(3) of the Criminal Code). (8) A person who wishes to rely on subsection (7) in relation to a civil proceeding bears an evidential burden in relation to that matter. (9) In this section: > evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.