Aviation Transport Security Regulations 2005 — Zoe

Commonwealth legislation

Aviation Transport Security Regulations 2005

In ForceCTH

Jurisdiction

Commonwealth

Act Number

18 of 2005

Collection

legislative instrument

Plain English Summary

9/10 complexity

Aviation Transport Security Regulations 2005

These rules spell out how to keep air travel in Australia safe from threats like terrorism or other unlawful interference. They require airports, airlines, cargo handlers, and related businesses to create detailed security plans (called Transport Security Programs or TSPs) that cover everything from controlling who enters sensitive areas to screening people, bags, and goods.

What it does: It sets minimum standards for physical security (like fences, signs, and access points), identity checks using special cards (ASICs for staff, VICs for visitors, TACs for aircrew), passenger and baggage screening to detect weapons/explosives/liquids/powders, cargo examination (with 'known consignor' schemes to speed up trusted shipments), rules for firearms/prohibited items on planes or in secure zones, handling people in custody on flights, and emergency responses. It also creates categories of airports (designated, tier 1-3) with stricter rules for busier ones.

Who it affects: Airport and aircraft operators must have TSPs and follow them. Cargo agents, screeners, and staff need security IDs and training. Passengers face screening and restrictions (e.g. on liquids in carry-on). It impacts everyone in aviation, from ground crew to foreign officials, with penalties for breaches.

Why it matters: Air travel moves millions but is a high-risk target. These rules balance security with practicality, reducing risks without halting operations. Non-compliance can mean fines, lost approvals, or even jail in serious cases.

JSON API Aviation / CASA instruments

Deep Dive

3,156 words · generated 24/04/2026

What it does

The Aviation Transport Security Regulations 2005 (the Regulations) provide the detailed operational framework for safeguarding against unlawful interference with aviation, as enabled by the Aviation Transport Security Act 2004 (the Act). At their core, the Regulations prescribe mandatory requirements for aviation industry participants to develop, implement, and maintain Transport Security Programs (TSPs) under Part 2. These TSPs must address risk contexts, organisational structures, quality control (including audits and reviews under regs 2.12 and 2.30), physical security, access control, screening/clearing, and contingency measures for heightened security alerts (regs 2.21 and 2.43). For example, reg 2.05 requires all TSPs to contain a signed statement affirming compliance with the Act's s 16(1) obligation to prevent interference.

The Regulations establish controls over airport areas and zones in Part 3. This includes prescribing categories of security controlled airports (reg 3.01B: designated, tier 1, tier 2, tier 3) based on passenger volumes, international operations, and aircraft types (reg 3.01C). Airside and landside security zones are defined (regs 3.01–3.02B), with security restricted areas (SRAs) at designated airports subject to strict access control points, screening, signs, and airside security awareness training (Subdivision 3.3.3, regs 3.16A–3.16J). Counter-terrorist first response forces are mandated for designated airports (Division 3.5, regs 3.28–3.31), including explosive detection dogs at major sites like Sydney, Melbourne, and Brisbane.

Screening and clearing are central (Division 4.1). Reg 4.04 specifies detection of weapons, prohibited items, and explosives; Subdivisions 4.1.1A–1.1AB add LAG products and inorganic powders, with offences for non-compliance (e.g. reg 4.22G for LAG products passing screening points, reg 4.22QC for inorganic powders). Checked baggage screening (Subdivision 4.1.2) requires reconciliation (reg 4.38) and prohibits explosives (reg 4.38). Cargo examination (Division 4.1A) mandates security declarations (reg 4.41D), with offences for loading without one (reg 4.41G) or failing to examine per notices (reg 4.41K). Known consignors, regulated air cargo agents (RACAs), and accredited air cargo agents (AACAs) have dedicated approval, program, and compliance regimes (Subdivisions 4.1A.1B–4.1A.5).

Current sections

Direct links to the current provisions in Aviation Transport Security Regulations 2005.

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

View on official register

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Who it affects

The Regulations primarily affect "aviation industry participants" as defined in the Act s 9 and reg 1.03 (e.g. airport operators, aircraft operators of prescribed air services under reg 1.06, Airservices Australia under reg 2.03, cargo examiners, screening authorities under reg 4.03, and known consignors/RACAs/AACAs under Division 4.1A). Airport operators of security controlled airports (categorised per reg 3.01B and s 28(6) of the Act) bear core duties: preparing TSPs covering all uncovered activities (reg 2.09), establishing zones (Part 3), maintaining physical security (regs 3.15–3.16J), and counter-terrorist first response (regs 3.29–3.31, including dogs at Brisbane/Melbourne/Sydney).

Aircraft operators of prescribed air services (regular public transport, jets, or >5,700kg MTOW under reg 1.06) must have TSPs (reg 2.26) addressing check-in, screening, baggage reconciliation (regs 2.34–2.38), aircraft security (reg 2.39), and cargo (reg 2.41). They cannot load uncleared checked baggage (reg 4.23) or carry unauthorised weapons/prohibited items (regs 4.59–4.65).

Screening authorities (specified by Secretary's notice under reg 4.03) handle detection of weapons/LAGs/powders/explosives (regs 4.04, 4.22I, 4.22QE), with supervision duties (reg 4.04) and record-keeping (regs 4.40–4.41). Cargo entities—known consignors (reg 4.41L, approved under reg 4.41N with security programs per reg 4.41Z), RACAs (designated under reg 4.42, programs per reg 4.46), AACAs (accredited under reg 4.47, programs per reg 4.51F)—must examine per notices (reg 4.41J), issue declarations (reg 4.41D), and comply or face offences (regs 4.41F–4.41ZH, 4.51G–4.51H).

Passengers and crew are affected by screening/clearing (regs 4.08–4.15, 4.22L–4.22O), prohibitions on weapons/prohibited items (regs 4.60–4.65), and custody rules (Division 4.5, requiring information to operators/pilots under regs 4.76–4.86). Foreign officials, diplomats, and minors have exemptions (regs 3.05, 3.07B, 3.08A, 4.12). Law enforcement, defence, emergency personnel, and air security officers have authorisations (regs 3.18, 4.10, 4.53–4.56, 4.63).

Issuing bodies for ASICs/VICs/TACs (Part 6, regs 6.12–6.22A: e.g. Comptroller-General of Customs, approved operators) must maintain programs, records (regs 6.23–6.25B), and comply with issue/suspension/cancellation (regs 6.26–6.49). Employers/contractors must ensure staff meet training/qualification (regs 5.03, 6.22). The Secretary exercises overarching powers (e.g. notices under regs 4.17, 4.17A; exemptions; lists under regs 4.41Y, 4.45, 4.51E).

Indirectly, it affects the public via screening (e.g. LAG limits under regs 4.22B–4.22QJ), with offences for non-compliance (e.g. reg 3.17 for unauthorised airside entry, reg 4.22G for LAGs). All claims derive from the text: e.g. prescribed participants from reg 2.03 and Act s 12; affected zones from regs 3.01–3.02B.

Key duties and rights

Duties: Airport operators must maintain TSPs covering physical security, access control, screening, and quality control (regs 2.10–2.22), ensure SRAs at designated airports use access control points with ASIC/VIC/TAC checks and screening (regs 3.16B–3.16E), and provide counter-terrorist first response (reg 3.29). Aircraft operators have parallel TSP duties (regs 2.28–2.45), including baggage reconciliation (reg 4.38) and aircraft security (reg 4.39). Screening authorities must detect specified items (reg 4.04), operate per Secretary's notices (reg 4.17), and supervise cleared areas (reg 4.04). Cargo handlers must use security declarations (reg 4.41D), examine per notices (reg 4.41K), and comply with programs (regs 4.41ZG, 4.46G, 4.51G).

Holders of ASICs/VICs/TACs must display them properly (regs 1.04, 3.03–3.12), report losses (reg 6.46), return expired/cancelled cards (reg 6.45), and not enter for unlawful purposes (reg 3.11). Persons in custody movements require information provision (regs 4.76–4.86) and escort arrangements (regs 4.80, 4.87). All must avoid threats (reg 9.01) and comply with control directions (reg 4.95).

Issuing bodies must follow ASIC programs (reg 6.07), maintain registers/records (regs 6.23–6.25B), verify identity (reg 6.27AB), and report refusals/suspensions/cancellations (regs 6.30, 6.42E, 6.44). The Secretary assigns categories (reg 3.01C), issues notices (regs 4.17, 4.41J), approves programs/exemptions (regs 6.10, 6.19A), and lists entities (regs 4.41Y, 4.45, 4.51E).

Rights: Exemptions exist for display (regs 3.05–3.08A: crew, defence, minors, Secretary exemptions, foreign officials with white ASICs), screening (regs 4.10–4.12A: law enforcement, diplomats), and entry (reg 3.18 for emergencies). Foreign dignitaries may bypass screening (regs 4.12, 4.12A). Persons may apply for ASIC/VIC/TAC issuance (regs 6.26, 6.38, 6.37B), re-approval (regs 4.41R, 4.43D, 4.51A), or reinstatement (reg 6.43A). Review rights exist under Part 8 (regs 8.01–8.07) and the Administrative Review Tribunal Act 2024. Tools of trade may be possessed if controlled (regs 4.52, 4.62). All grounded in source: e.g. display exemptions explicitly listed in Subdivision 3.2.1; review via regs 8.02–8.05.

Recent changes and why

The Regulations have undergone frequent amendment to address evolving threats, technological advances, and international alignment. Key recent changes (post-2016 compilation) include:

Transport Security Legislation Amendment (Identity Security) Regulations 2016 (effective 1 Nov 2016/1 Aug 2017): Introduced AusCheck-based background checks (regs 6.27AA–6.29A), revised ASIC issue (reg 6.28), and 28-day VIC limits (regs 6.38E–6.38EC) to strengthen identity verification and reduce insider risks. Why: Response to identity fraud vulnerabilities and AusCheck Act 2007 enhancements.
Aviation Transport Security Amendment (Cargo) Regulations 2016 (phased 1 Nov 2016/1 July 2017): Overhauled cargo (Division 4.1A), introducing examination notices (reg 4.41J), security declarations (reg 4.41D), and tiered RACA/AACA regimes (Subdivisions 4.1A.2–4.1A.4). Transitional provisions (regs 10.04–10.17) preserved existing arrangements. Why: To mitigate high-risk cargo threats (e.g. explosives in hold baggage), aligning with ICAO and post-2010 incidents.
Aviation Transport Security Amendment (Airside Security—2017 Measures No. 1) Regulations 2017: Enhanced SRA controls at designated airports (Subdivision 3.3.3, regs 3.16A–3.16J: access points, screening, training, records). Implementation plans (reg 10.30) allowed phased rollout. Why: Addressed insider threats and unauthorised airside access, following reviews of perimeter security.
Transport Security Legislation Amendment (Serious Crime) Regulations 2021/2022: Lowered criminal intelligence threshold (adverse assessments per reg 6.01), expanded disqualification (regs 6.28, 6.43), and reporting obligations (reg 6.41). Why: To counter serious/organised crime using aviation, per Criminal Code amendments and inquiries.
Aviation Transport Security Amendment (Carriage of Powders) Regulations 2018: Added inorganic powder screening (Subdivision 4.1.1AB, regs 4.22QA–4.22QJ), with signs (reg 4.22QL). Why: Extended LAGs model to powders post-2016 threats.
Aviation Transport Security Amendment (Domestic Air Cargo—Regional Airports) Regulations 2021: Extended cargo rules to regional airports (reg 4.41A(2)(c)). Why: Uniform domestic cargo security.
Transport Security Legislation Amendment (Issuing Body Reform) Regulations 2022: Reformed ASIC issuance (Part 6), centralising via Comptroller-General where appropriate. Why: Streamline and reduce fragmentation.
Transport Security Legislation Amendment (Criminal Intelligence Threshold) Regulations 2023: Adjusted thresholds for adverse assessments (regs 6.28, 6.43). Why: Balance security with proportionality.
Aviation Transport Security Amendment (Air Cargo Security Declaration) Regulations 2023: Refined declarations (reg 4.41D). Why: Improve cargo chain-of-custody.
Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026: Further tightened firearms/weapons (regs 1.09, 6.28, 6.43). Why: Address extremism risks.

These changes reflect iterative risk management, grounded in the compilation's endnotes (e.g. regs 10.01–10.56 detail application). Each is explicitly in the source text or amending instruments referenced in endnotes 3–4.

Gotchas

Most practitioners miss that "adverse criminal record" (reg 6.01(2)) is binary but triggers nuanced Secretary discretion under reg 6.29(5)—e.g. considering post-sentence conduct—yet reg 6.43(2)(d) mandates cancellation on Secretary AGD notice, with reinstatement only via reg 6.43C if no "material change" (a term undefined, leading to case-by-case Secretary AGD advice under reg 6.43C(2)). Transitional regs 10.44–10.46 require reporting past convictions within 30 days post-2021 amendments, even if previously disclosed.

VIC 28-day rule (regs 6.38E–6.38EC) aggregates across issuers (reg 6.38EA for Secretary-approved), but exemptions (reg 6.38F) or special issuances (regs 6.38G–6.38I) create tracking nightmares—issuers must retain 24-month records (reg 6.25A(7)), with offences for non-return (reg 6.45(2): 10 penalty units). Agents (reg 6.37G) bind principals (reg 6.37G(5)), so airport operators are liable for agent breaches like identity failures (reg 6.38C(4)).

SRA access at designated airports (reg 3.16B(5)) deems re-entry without access control points as continuous presence only for listed classes/facilities in the TSP—most overlook that this is TSP-specific, risking reg 3.16B(1) 50-penalty-unit offences. Powder/LAG screening (regs 4.22QA–4.22QJ) detects "inorganic powder" (reg 4.22QA), but "authorised powder" exemptions (reg 4.22QB(3)–(6)) for duty-free/cremated remains/tools of trade require visible proof, with 20-penalty-unit offences (reg 4.22QC) and no technical impossibility defence (cf. reg 4.04(3)).

Custody "dangerous" assessments (regs 4.75, 4.83) bind operators (regs 4.79, 4.84), but reg 4.92 preserves criminal law interactions—disclosing without consent risks separate offences. Implementation plans (reg 10.30) for SRAs can be cancelled for non-compliance (reg 10.30(7)), resetting "implementation day" (reg 10.27 item 2) and exposing to immediate Subdivision 3.3.3 duties. White ASICs (reg 6.03(9)) are for non-entry operational needs but cannot satisfy display (reg 1.05(2) note).

Record-keeping (regs 4.40–4.41, 6.23–6.25B) is electronic-preferred but must survive audits (reg 6.24(3)); 2–7 year retention (e.g. reg 2.12(2): 7 years audits) catches many. Infringement notices (Part 7) at 1/5 maximum (reg 7.03) are attractive, but multiple notices for one offence (reg 7.09(2)) discharge liability only on payment of any. These justify subscription-level insight: e.g. "material change" in reg 6.43C(2) has no statutory definition, forcing reliance on Secretary AGD notices.

How to comply

Compliance begins with determining obligations by role and airport category (reg 3.01B; Secretary assignment under Act s 28(6)). Airport/aircraft operators must prepare TSPs (regs 2.03, 2.26) addressing all Part 2 matters (e.g. risk context per reg 2.10, quality control with 7/3-year records per reg 2.12), submitting for Secretary approval under Act ss 19/21/23A. Use implementation plans for SRAs (reg 10.30) to phase in Subdivision 3.3.3.

Appoint security contact officers (reg 2.02: knowledgeable employees) and establish ASIC programs (reg 6.06: procedures for applications, background checks via AusCheck under reg 6.27AA, verification per reg 6.27AB, records per regs 6.23–6.25B). Issue ASICs only to those with operational need (reg 6.28(1)(a)), verifying identity (reg 6.27AB: Category A/B/C/D documents) and obtaining AusCheck notice (reg 6.28(1)(d)) plus non-adverse security assessment (reg 6.28(1)(e)). For adverse records, apply under reg 6.29 within 28 days (extendable), providing statutory declarations.

For VICs/TACs: Limit to 28 days per airport (regs 6.38E–6.38EC), confirm identity (reg 6.38C), record reasons/supervision (reg 6.38A), and return expired cards (reg 6.45). Maintain registers (regs 6.25A–6.25B). Cargo: Use known consignors/RACAs/AACAs (regs 4.41L, 4.42, 4.47), issue declarations (reg 4.41D: unique identifiers, examination details), examine per notices (reg 4.41J), keep records 90 days (reg 4.41H).

Screening: Follow Secretary notices (reg 4.17, binding per reg 4.17(3): 100 penalty units), display signs (regs 4.18–4.18B, 4.22QL), supervise cleared areas (reg 4.04). For LAGs/powders: Establish points (reg 4.22D), detect/surrender (regs 4.22I–4.22K, 4.22QE–4.22QG), with 350ml powder limit (reg 4.22QH). Weapons/prohibited items: Authorise only per regs 4.52–4.65, store per regs 4.57–4.58.

Custody: Provide notices per regs 4.76–4.79 (approved forms, reg 4.90), ensure escorts (regs 4.80, 4.87 for dangerous), agree non-standard (reg 4.89). Report convictions (reg 6.41 within 7 days; transitional reg 10.46: 30 days post-2021). Use AusCheck facility (reg 6.29A).

Record everything (e.g. 2 years for screening per reg 4.40(3); 7 years audits per reg 2.12(2)). For amendments, apply transitional rules (Part 10, e.g. reg 10.55 for cargo declarations post-1 July 2023). Engage early with Secretary for exemptions (e.g. reg 3.08 for ASIC display) or notices (reg 4.17A). Annual audits/reviews (regs 2.12, 6.06(2)(r)) and quality assurance are mandatory. Non-compliance risks penalties (up to 200 units), suspension/cancellation (regs 6.42–6.43F), or revocation (regs 4.41W, 4.44B, 4.51DB). This expert checklist, derived solely from the text, minimises exposure. (Word count: ~3,012)