9Definitions

#### 9 Definitions In this Act, unless the contrary intention appears: > access, in relation to a computer program, means the execution of the computer program. > access to computer data means: (a) in a case where the computer data is held in a computer—the display of the data by the computer or any other output of the data from the computer; or (b) in a case where the computer data is held in a computer—the copying or moving of the data to: (i) any other location in the computer; or (ii) another computer; or (iii) a data storage device; or (c) in a case where the computer data is held in a data storage device—the copying or moving of the data to: (i) a computer; or (ii) another data storage device. > accredited air cargo agent means a person accredited as an accredited air cargo agent in accordance with regulations made under section 44C. > acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. > Agency has the same meaning as in the Public Service Act 1999. > Agency Head has the same meaning as in the Public Service Act 1999. > aircraft has the same meaning as in the Civil Aviation Act 1988. > aircraft operator means a person who conducts, or offers to conduct, an air service. > airline has the meaning given by subsection 134(2). > airport has the meaning given by subsection 28(1). > airport operator means the operator of an airport. > airport security guard has the meaning given by subsection 91(1). > air service means a service of providing air transportation of people or goods, or both people and goods. > Airservices Australia means the body established by subsection 7(1) of the Air Services Act 1995. > airside area means an airside area established under subsection 29(1) and includes any airside security zone, and any airside event zone, established within the airside area. > airside event zone means an airside event zone established under subsection 31A(1). > airside security zone means an airside security zone established under subsection 30(1). > asset includes: (a) a system; and (b) a network; and (c) a facility; and (d) a computer; and (e) a computer device; and (f) a computer program; and (g) computer data; and (h) premises; and (i) any other thing. > Australian aircraft has the same meaning as in the Air Services Act 1995. > Australian international carriage has the meaning given by subsection 134(2). > Australian operator has the meaning given by subsection 134(2). > Australian territory means: (a) the territory of Australia and of every external Territory; and (b) the territorial sea of Australia and of every external Territory; and (c) the air space over any such territory or sea. > aviation asset means an asset that: (a) is used in connection with the operation of an aviation industry participant; and (b) is owned or operated by an aviation industry participant. > aviation industry participant means: (a) an airport operator; or (b) an aircraft operator; or (c) a known consignor; or (ca) a regulated agent; or (d) a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement); or (e) a person (other than an aviation security inspector) appointed by the Secretary under this Act to perform a security function; or (ea) Airservices Australia; or (f) a contractor who provides services to a person mentioned in paragraphs (a) to (ea). > Note: The Australian Defence Force cannot be an aviation industry participant: see subsection 8(2). > aviation security incident has the meaning given by section 99. > aviation security information has the meaning given by subsection 111(1). > aviation security inspector means a person appointed under subsection 77(1). > baggage means any article or possession of a passenger of an aircraft, or crew member of an aircraft, that is to be carried on board that aircraft. > bilateral arrangement has the meaning given by subsection 134(2). > cargo means goods (other than baggage or stores) that: (a) are transported by aircraft; or (b) are intended to be transported by aircraft; or (c) are, in accordance with the regulations, regarded as being reasonably likely to be transported by aircraft. > CASA has the same meaning as in the Civil Aviation Act 1988. > cleared: (a) in relation to a person, has the meaning given by subsection 41(3); and (b) in relation to goods (other than cargo), has the meaning given by subsection 42(3); and (c) in relation to a vehicle, has the meaning given by subsection 43(3); and (d) in relation to cargo, has the meaning given by subsection 44B(3). > cleared aircraft: an aircraft is a cleared aircraft if, under regulations made under Division 2 of Part 4, the only passengers who are allowed to board the aircraft are passengers who are cleared. > cleared area means an area that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance. > cleared zone means a zone that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance. > compliance control direction has the meaning given by subsection 74B(2). > computer means all or part of: (a) one or more computers; or (b) one or more computer systems; or (c) one or more computer networks; or (d) any combination of the above. > computer data means data held in: (a) a computer; or (b) a data storage device. > confidentiality requirements has the meaning given by subsection 68(2). > connect, in relation to equipment, includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication. > critical facility has the meaning given by subsection 31(3). > critical structure has the meaning given by subsection 31(4). > cyber security incident has the meaning given by section 9B. > damage, in relation to data, includes damage by erasure of data or addition of other data. > data includes information in any form. > data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer. > Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. > Director of CASA has the same meaning as Director has in the Civil Aviation Act 1988. > eligible customs officer has the meaning given by subsection 89B(1). > employee, in relation to an aviation industry participant, means an individual: (a) employed by the aviation industry participant; or (b) engaged under a contract for services between the individual and the aviation industry participant. > enforcement order means an order made under section 119. > engage in conduct has the same meaning as in the Criminal Code. > examined, in relation to cargo, has the meaning given by subsection 44B(1). > Federal Court means the Federal Court of Australia. > Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. > foreign country has the meaning given by subsection 134(2). > frisk search has the same meaning as in the Crimes Act 1914. > impairment of electronic communication to or from a computer includes: (a) the prevention of any such communication; and (b) the impairment of any such communication on an electronic link or network used by the computer. > incident control direction has the meaning given by subsection 74D(3). > in flight has the same meaning as in the Crimes (Aviation) Act 1991. > in service, in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention. > joint‑user area has the meaning given by subsection 28(5). > just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. > known consignor means a person approved as a known consignor in accordance with regulations made under section 44C. > landside area has the meaning given by subsection 29(3) and includes any landside security zone, and any landside event zone, established within the landside area. > landside event zone means a landside event zone established under subsection 33A(1). > landside security zone means a landside security zone established under subsection 32(1). > law enforcement officer has the meaning given by section 82. > modification: (a) in respect of computer data—means: (i) the alteration or removal of the data; or (ii) an addition to the data; or (b) in respect of a computer program—means: (i) the alteration or removal of the program; or (ii) an addition to the program. > Montreal Convention has the same meaning as in the Crimes (Aviation) Act 1991. > national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. > operational interference with aviation has the meaning given by section 10AA. > operation of an aviation industry participant means the operation of the participant in the participant’s capacity as an aviation industry participant. > optical surveillance device has the same meaning as in the Surveillance Devices Act 2004. > ordinary search has the same meaning as in the Crimes Act 1914. > passenger includes an intending passenger. > person in custody has the meaning given by section 64. > person with incident reporting responsibilities has the meaning given by subsection 102(4). > pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft. > prescribed aircraft means an aircraft that: (a) is being used for a prescribed air service; or (b) is regularly used for prescribed air services. > prescribed air service means an air service prescribed in the regulations for the purposes of this definition. > prohibited item means an item that: (a) could be used for unlawful interference with aviation; and (b) is specified in an instrument under section 9A. > receive clearance: (a) in relation to a person, has the meaning given by subsection 41(2); and (b) in relation to goods (other than cargo), has the meaning given by subsection 42(2); and (c) in relation to a vehicle, has the meaning given by subsection 43(2); and (d) in relation to cargo, has the meaning given by subsection 44B(2). > regulated agent means a regulated air cargo agent or an accredited air cargo agent. > regulated air cargo agent means a person designated as a regulated air cargo agent in accordance with regulations made under section 44C. > relevant impact has the meaning given by section 9D. > relevant interference has the meaning given by section 9F. > screened: (a) in relation to a person, has the meaning given by subsection 41(1); and (b) in relation to goods (other than cargo), has the meaning given by subsection 42(1); and (c) in relation to a vehicle, has the meaning given by subsection 43(1). > screening authority means a body corporate that is authorised or required to conduct screening by or under regulations made for the purposes of paragraph 44(2)(a). > screening function means a function that a screening officer is authorised or required to perform under this Act or an instrument made under this Act. > screening officer has the meaning given by section 94. > screening point means a place where screening occurs. > Secretary means the Secretary of the Department. > security compliance information has the meaning given by subsection 109(1). > security controlled airport has the meaning given by subsection 28(2). > security designated authorisation has the meaning given by the regulations. > serious and organised crime has the same meaning as in Part III of the Australian Crime Commission Act 2002. > SES Band 3 employee has the meaning given by subsection 127A(4). > significant impact has the meaning given by section 9E. > special security direction has the meaning given by subsection 67(2). > state aircraft has the same meaning as in the Air Navigation Act 1920. > stores means items that are to be carried on board an aircraft for use, sale or consumption on the aircraft. > technical assistance notice has the same meaning as in Part 15 of the Telecommunications Act 1997. > technical assistance request has the same meaning as in Part 15 of the Telecommunications Act 1997. > technical capability notice has the same meaning as in Part 15 of the Telecommunications Act 1997. > test weapon means: (a) a weapon of a kind that is a replica or an imitation of another weapon; or (b) a weapon that, as a result of a modification, is not capable of operating as a functional weapon; or (c) a thing prescribed by the regulations to be a test weapon. > this Act includes the regulations. > threaten: a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act. > Trade Minister means the Minister administering the Export Market Development Grants Act 1997. > transport security program means a program prepared for the purposes of Part 2. > unauthorised access, modification or impairment has the meaning given by section 9C. > unlawful interference with aviation has the meaning given by section 10. > vehicle does not include an aircraft. > weapon means: (a) a firearm of any kind; or (b) a thing prescribed by the regulations to be a weapon; or (c) a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or (d) a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).