Div 25Amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026

Division 25—Amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 10.56 Application of amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 Schedule 1—Aviation‑security‑relevant offences 1 Tier 1 offences 2 Tier 2 offences 3 Tier 3 offences Endnotes   Part 1—Preliminary   1.01  Name of Regulations   These Regulations are the Aviation Transport Security Regulations 2005. 1.03  Definitions   In these Regulations: AACA means accredited air cargo agent. AACA security program for an AACA means a security program provided by the Secretary to the AACA under regulation 4.51F, and includes such a security program as varied under these Regulations. ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. access control point, for a security restricted area at a designated airport, means a point of entry into the security restricted area the location of which is set out in the airport operator’s TSP in accordance with paragraph 2.18A(2)(a). ACN (short for Australian Company Number) has the meaning given by section 9 of the Corporations Act 2001. Act means the Aviation Transport Security Act 2004. adverse criminal intelligence assessment—see subregulation 6.01(1). air security officer means:  (a) a protective service officer, special protective service officer, member, or special member, of the Australian Federal Police who is directed by the Commissioner to carry out the duties of a position of air security officer; or  (b) a person who is:  (i) employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew (other than a person who is employed to provide exclusive personal protection for 1 or more individuals travelling on an aircraft); and  (ii) operating in accordance with an arrangement between the foreign government and the Australian Government. air traffic control has the same meaning as in the Civil Aviation Safety Regulations 1998. ANA means the Air Navigation Act 1920. ARBN (short for Australian Registered Body Number) has the meaning given by section 9 of the Corporations Act 2001. ASIC means aviation security identification card. audit, of an aviation industry participant’s TSP, has the meaning given by regulation 2.01. Australia means the Commonwealth of Australia and, when used in a geographical sense, includes:  (a) the Territory of Christmas Island; and  (b) the Territory of Cocos (Keeling) Island; and  (c) the Territory of Norfolk Island. Australian Border Force means that part of the Immigration Department known as the Australian Border Force. authorised powder has the meaning given by regulation 4.22QB. aviation security identification card means a card of that type issued under Part 6. baby product means:  (a) a product used in the care of an infant or toddler; or  (b) food for an infant or toddler, including infant formula. biosecurity official has the same meaning as in the Biosecurity Act 2015. cargo examining aircraft operator means an aircraft operator of a prescribed air service whose TSP has been approved by the Secretary and sets out procedures for receiving, processing and clearing cargo. carry‑on baggage means an article or possession of a passenger on, or a member of the crew of, an aircraft, being an article or possession that is accessible to the passenger or crew member while the aircraft is in flight. categorised airport means an airport that was a categorised airport under the ANA. charter operation means an operation of an aircraft for the purpose of:  (a) a service of providing air transportation of people, or both people and goods, that:  (i) is provided for a fee payable by persons using the service; and  (ii) is not available to the general public;   whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or  (b) a service of providing air transportation of people, or both people and goods, that:  (i) is provided for a fee payable by persons using the service; and  (ii) is available to the general public; and  (iii) is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or  (c) a service of providing air transportation of people, or both people and goods, that:  (i) is not provided for a fee payable by persons using the service; and  (ii) is not available to the general public; and  (iii) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes. checked baggage means an article or possession of an aircraft passenger or crew member that:  (a) has been checked in for a flight on the aircraft; and  (b) is intended to be carried on board the aircraft or another aircraft; and  (c) if carried in an aircraft, is not accessible to the passenger or crew member while the aircraft is in flight. checked in, in relation to an item of checked baggage, means that the item:  (a) has been presented to an aircraft operator, or another person on the operator’s behalf, for carrying on a flight on board an aircraft of the operator; and  (b) has been accepted by the aircraft operator, or the other person on the operator’s behalf, for that purpose. child means a person who has not turned 18 years of age. closed charter operation means a charter operation of the kind described in paragraph (a) or (c) of the definition of charter operation. crew includes flight crew and cabin crew, and any other person travelling on board an aircraft for any purpose relating to the aircraft’s operation or to examine the qualifications or competency of its flight crew. domestic air service means an air service provided by means of a flight from a place within Australia to another place within Australia with no intermediate stop outside Australia. examination notice has the meaning given by subregulation 4.41J(2). exempt country means New Zealand or the United States of America. exempt duty free item, in relation to a passenger who will arrive in Australia on an aircraft operating an inbound international air service, means a duty free item that:  (aa) is acquired at an airport retail outlet at the point of origin of the flight, or an airport retail outlet at a place where passengers embark or disembark the aircraft before the air service arrives in Australia, at which all goods for sale:  (i) undergo security screening at the point of entry to the airport; and  (ii) are protected from unlawful interference by a process of supply chain security from the time they are delivered to the airport; and  (a) is collected by the passenger at the boarding gate before boarding the aircraft for departure from the airport where the item was acquired; and  (b) is in a sealed plastic bag with proof of purchase by the passenger affixed to the bag, or enclosed in the bag, so that proof of purchase is visible. exempt LAG item has the meaning given in regulation 4.22B. foreign consignment security declaration has the meaning given by subregulation 4.41D(3). foreign official means any of the following:  (a) a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia;  (b) a member of the consular staff (including the head) of a consular post established in Australia;  (c) any other member of the staff of such a diplomatic mission or consular post. grey ASIC means an ASIC in a form approved under subregulation 6.33(2) or 6.37(2). ICAO has the same meaning as in the Civil Aviation Act 1988. immediate family of a person means the following individuals, if they are travelling with the person:  (a) the person’s spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901);  (b) the person’s child (including an adopted child);  (c) a child for whom the person is a legal guardian. Immigration Department means the Department administered by the Minister who administers the Migration Act 1958. immigration detention has the same meaning as in the Migration Act. inorganic powder means a powder or powder‑like substance that does not consist of, and is not derived from, living matter. Note: Examples of inorganic powder include salt, sand and some kinds of foot powder. international air service means an air service provided by means of a flight:  (a) from a place within Australia to a place outside Australia; or  (b) from a place outside Australia to a place within Australia. international cargo means cargo that is destined for a foreign country, but does not include cargo that:  (a) originates overseas; and  (b) arrives at an Australian airport on an aircraft operating an inbound international air service; and  (i) remains on board the aircraft; or  (ii) is transferred to another aircraft operating an outbound international air service. jet means a fixed‑wing aircraft powered by gas‑turbine engines (other than turbo‑prop engines). known consignor security program for a known consignor means a security program provided by the Secretary to the known consignor under regulation 4.41Z, and includes such a security program as varied under these Regulations. LAG product has the meaning given in regulation 4.22C. LAGs bag means a transparent plastic bag that:  (a) may be sealed and unsealed using a resealing mechanism that is a part of the bag; and  (b) has an area enclosed by the sealing mechanism that has, when the bag is laid flat, a perimeter of 80 cm or less. LAGs cleared area means an area of a security controlled airport, at least one entrance to which (for use by persons required to be screened) is a LAGs screening point. Note: A LAGs cleared area may have entrances other than a LAGs screening point for use solely by persons who may enter a LAGs cleared area other than through a screening point. LAGs container means a container that has a capacity of 100 ml or less. LAGs screening point means a screening point at a security controlled airport at which passengers travelling on an international air service (including any domestic sectors of such a service) are screened for LAG products. loading person has the meaning given by subregulation 4.41G(3). medical product means a product supplied on prescription to a person. Migration Act means the Migration Act 1958. non‑exempt country means a country that is not an exempt country. officer of Customs has the same meaning as in the Customs Act 1901. open charter operation means a charter operation of the kind described in paragraph (b) of the definition of charter operation. originate, in relation to a known consignor, has a meaning affected by regulation 1.03A. parent: without limiting who is a parent of anyone for the purposes of these Regulations, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975. permitted item has the meaning given by subregulation 4.13A(1). photograph of somebody includes a digital image of him or her. powder means fine dry particles produced by the grinding, crushing or disintegration of a solid substance, and includes such particles presented in a clumpy, grainy or compressed form. Note: Examples of powder include flour, sugar, ground coffee, spice, powdered milk, baby formula and cosmetics. qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979. RACA means regulated air cargo agent. RACA security program for a RACA means a security program provided by the Secretary to the RACA under regulation 4.46, and includes such a security program as varied under these Regulations. red ASIC means an ASIC in a form approved under subregulation 6.33(1) or 6.37(1). regular public transport operation means an operation of an aircraft for the purposes of a service of providing air transportation of people, or both people and goods, that:  (a) is provided for a fee payable by persons using the service; and  (b) is available to the general public on a regular basis; and  (c) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes. review, of an aviation industry participant’s TSP, has the meaning given by regulation 2.01. screened air service—see regulation 4.02. screening authority means a person specified by notice under regulation 4.03. secure area means either of the following:  (a) a landside security zone (not including a crowded landside zone);  (b) the airside area of a security controlled airport. Note: For the definitions of landside security zone and airside area, see section 9 of the Act and regulations 3.01 and 3.02. security contact officer has the meaning given by subregulation 2.01(1). security declaration has the meaning given by regulation 4.41D. security program means:  (a) in relation to a known consignor—the known consignor security program for the known consignor; or  (b) in relation to a RACA—the RACA security program for the RACA; or  (c) in relation to an AACA—the AACA security program for the AACA; or  (d) in relation to an aviation industry participant who is an operator of a security controlled airport, an operator of a prescribed air service or Airservices Australia—the TSP for the aviation industry participant. security restricted area means an airside security zone of a type that is prescribed by regulation 3.01. security tamper‑evident bag has the meaning given by regulation 4.22R. TAC means a temporary aircrew card issued under regulation 6.37B. therapeutic product means a product, other than a medical product, that is used for the treatment or management of a person’s medical condition. Note: Examples of therapeutic products include special dietary products and contact lens solution. traffic period, for a security controlled airport, means a period that begins 2 hours before the scheduled time of arrival, and ends 2 hours after the actual time of departure, of a scheduled air service that operates to or from the airport. TSP means transport security program. unauthorised explosive means any explosive or explosive device, other than an explosive or explosive device that is to be carried as cargo in relation to which the Secretary has issued a written notice under subparagraph 44B(2)(b)(i) of the Act. unauthorised person, in relation to a place or thing, means a person who:  (a) is not authorised by the owner or person in control of the place or thing to have access to the place or thing; and  (b) has no other lawful reason to have access to the place or thing. unlawful non‑citizen has the same meaning as in the Migration Act. Note: See sections 13, 14 and 15 of that Act. VIC means visitor identification card. visitor identification card means a card of that type issued under Part 6. white ASIC means an ASIC in a form approved under subregulation 6.33(3). 1.03A  Meaning of originate in relation to known consignors   Cargo originates with a known consignor in circumstances including the following:  (a) where the known consignor makes, manufactures, assembles or otherwise produces the goods that are, or are reasonably likely to be, cargo;  (b) where the known consignor has not made, manufactured, assembled or otherwise produced the goods that are, or are reasonably likely to be, cargo, but the known consignor:  (i) is the owner or person in control of the goods; and  (ii) the goods are in the known consignor’s possession when the goods become, or become reasonably likely to be, cargo. 1.04  What properly displaying means  (1) For these Regulations, somebody is properly displaying an ASIC, VIC or TAC only if it is attached to his or her outer clothing:  (a) above waist height; and  (b) at the front or side of his or her body; and  (c) with the whole front of the ASIC, VIC or TAC clearly visible.  (2) He or she is not properly displaying the ASIC, VIC or TAC if anything adhering to it obscures a photograph or anything else on it. 1.05  Meaning of valid ASIC, valid VIC and valid TAC  (1) In these Regulations: valid, used about a red ASIC, grey ASIC, VIC or TAC, means:  (a) issued in accordance with Part 6; and  (b) not expired, suspended or cancelled; and  (c) not altered or defaced (permanently or temporarily); and  (d) issued to the person who shows or displays it.  (2) For the purposes of a provision of these Regulations that refers to a person displaying a valid ASIC in a place without specifying which kind of ASIC is to be displayed, a person is taken to be displaying a valid ASIC in the place only if:  (a) the person is properly displaying a valid red ASIC; or  (b) if regulation 3.03 does not require the person to be properly displaying a valid red ASIC in the place—the person is properly displaying a valid grey ASIC. Note: A requirement under these Regulations to display a valid ASIC cannot be satisfied with a white ASIC. 1.05A  Categories of airports   A reference in these Regulations to a security controlled airport that is identified by reference to a category is a reference to a security controlled airport that is assigned to that category by the Secretary under subsection 28(6) of the Act. Note 1: For example, a tier 1 security controlled airport is a security controlled airport that has been assigned the category tier 1 by the Secretary under subsection 28(6) of the Act. Note 2: See regulation 3.01B for the categories of security controlled airports prescribed for the purposes of section 28A of the Act. 1.06  Prescribed air services  (1) For the definition of prescribed air service in section 9 of the Act, an air service of any of the following kinds is prescribed:  (a) a regular public transport operation;  (b) an air service in which a jet is used;  (c) an air service in which an aircraft with a certificated maximum take‑off weight greater than 5 700 kilograms is used.  (2) However, an air service is not taken to be a prescribed air service if the Secretary declares, by instrument in writing, that the air service is not a prescribed air service. 1.08  Security designated authorisations   For the purposes of the definition of security designated authorisation in section 9 of the Act, a flight crew licence (within the meaning of the Civil Aviation Safety Regulations 1998) is a security designated authorisation. 1.09  Weapons  (1) For paragraph (b) of the definition of weapon in section 9 of the Act, each thing of the kind described in column 2 of an item in table 1.09 is a weapon. Note 1: Firearms of all kinds are already weapons—see the definition in section 9 of the Act. Note 2: Subregulation (8) (after the table) excepts defibrillators (which are arguably covered by item 5 of the table) from the general definition in subregulation (1).  (2) Examples set out in an item of the table are not exhaustive of the things described in the item.  (3) To avoid doubt, nothing in this regulation implies that an article or thing not described in the table is permitted to be carried by air if its carriage would be prohibited by another law. Note: See in particular section 23 of the Civil Aviation Act 1988 and Part 92 of the Civil Aviation Safety Regulations 1998 in relation to the carriage of dangerous goods.  (4) A replica or an imitation of a weapon is also a weapon.  (5) A thing that is both a prohibited item and a weapon is, for the purposes of these Regulations, a weapon.  (6) However, such a thing that is part of an aircraft’s stores or emergency equipment, or of an airline operator’s or airport operator’s emergency equipment, is taken not to be a weapon if it is not readily accessible to passengers or the public generally. Table 1.09 Weapons   | Column 1<br>Item | Column 2<br>Description of things | | 1 | Parts and ammunition for firearms<br>Examples: Flares<br>Gun powders<br>Note: Firearms are defined as weapons in s 9 of the Act. | | 2 | Sharp things designed to be used primarily to inflict injury or to be used in self‑defence<br>Examples: Daggers, flick‑knives, star knives and Shuriken throwing irons and stars<br>Harpoons<br>Sabres, swords and swordsticks and similar things<br>Spears | | 3 | Blunt things designed to inflict injury or to be used in self‑defence<br>Examples: Billy clubs and leather billies<br>Blackjacks<br>Martial arts equipment such as knuckle dusters, clubs, coshes, rice flails and numchucks, kubatons and kubasaunts<br>Night sticks and batons | | 4 | Things capable (with or without modification) of discharging projectiles for the purpose of disabling or incapacitating a person or animal<br>Examples: Ballistic knives and similar devices designed to discharge a projectile by means of an explosive or other propellant or mechanism<br>Blow pipes<br>Cross‑bows<br>Spear guns<br>Hunting slings<br>Catapults<br>Slingshots<br>Bows and arrows | | 5 | Things designed to disable or incapacitate, or otherwise harm, a person or animal<br>Examples: Stun guns<br>Things capable of being used to administer an electric shock; for example, cattle prods and Tasers<br>Note: See subregulation (8).<br>Disabling and incapacitating chemicals, gases or sprays, such as Mace, pepper or capsicum spray, tear gas, acid sprays and animal‑repellent sprays | | 6 | Explosive or incendiary devices and flammable materials not ordinarily found around the home<br>Examples: Dynamite<br>Explosives (plastic or otherwise)<br>Blasting caps<br>Blow‑torches<br>Detonators, fuses and detonator cord<br>Explosive flares in any form<br>Grenades<br>Mines and other explosive military stores<br>Smoke cartridges | | 7 | Biotoxins and infectious substances<br>Examples: Preparations of anthrax spores | | 8 | Chemical toxins<br>Examples: Chemical warfare agents |  (7) To avoid doubt, a telescopic sight is not a weapon.  (8) Despite subregulation (1) and item 5 of the table, a defibrillator is taken not to be a weapon if it is required for medical purposes or is part of an aircraft’s equipment. Part 2—Transport security programs Division 2.1—Preliminary 2.01  Definitions for Part audit, of an aviation industry participant’s TSP, means an audit to determine if security measures and procedures set out in the TSP have been implemented and complied with. review, of an aviation industry participant’s TSP, means a review to determine if security measures and procedures set out in the TSP are effective and adequate. security contact officer, for an aviation industry participant, means a person appointed by the participant to carry out the responsibilities of a security contact officer for the participant. 2.02  Security contact officers  (1) The responsibilities of a security contact officer for an aviation industry participant for this Part are:  (a) to facilitate the development, implementation, review and maintenance of the participant’s TSP; and  (b) to undertake liaison with other aviation industry participants in relation to aviation security matters.  (2) An aviation industry participant that must have a TSP must appoint a security contact officer who has the knowledge, skills, training, qualifications or other requirements set out in its TSP.  (3) A security contact officer for an aviation industry participant must be the participant or an employee of the participant. 2.03  Aviation industry participants that must have TSPs   For the purposes of paragraph 12(1)(c) of the Act, Airservices Australia is prescribed as an aviation industry participant that is required to have a transport security program. Note: Operators of security controlled airports and operators of prescribed air services are also required to have a transport security program—see section 12 of the Act. 2.04  Aviation industry participants to which more than 1 Division applies   To avoid doubt, if 2 or more Divisions of this Part apply to an aviation industry participant that is required to have a TSP, the participant’s TSP must comply with both or all of the applicable Divisions. 2.05  What all TSPs must contain   A TSP for an aviation industry participant must contain a statement signed by the participant to the effect that the participant believes that the TSP gives effect to the participant’s obligation in subsection 16(1) of the Act. 2.06  Offence—disclosing TSPs without consent   A person must not disclose to any other person any information about the content of an aviation industry participant’s TSP without the consent of the participant. Division 2.2—Operators of security controlled airports 2.07  What this Division does   This Division sets out the requirements about the content of a TSP for the operator of a security controlled airport. 2.08  Application of this Division  (1) This Division applies to the operator of a security controlled airport.  (2) A reference in this Division to an airport operator is a reference to the operator of a security controlled airport. 2.09  Scope of airport operator’s TSP   An airport operator’s TSP must cover any aviation‑security‑related activity on the airport that is not covered by the TSP of any other aviation industry participant. 2.10  What airport operator’s TSP must contain—outline etc.   The TSP must set out an outline of the objectives of the TSP and must include:  (a) a statement outlining the local security risk context of the airport, including consideration of its location and seasonal and operational factors; and 2.11  What airport operator’s TSP must contain—procedures for managing security etc  (1) The TSP must set out the procedures for managing security at the airport, including:  (b) the roles and responsibilities of security contact officers, security staff and contractors; and  (c) the roles and responsibilities of other staff who have been assigned security duties and responsibilities.  (2) The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation between the operator and relevant third parties. Note: Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.  (4) The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure. 2.12  What airport operator’s TSP must contain—procedures for quality control  (d) a description of the circumstances that will require a review of the TSP, including those surrounding the occurrence of an aviation security incident.  (2) An operator must: 2.13  What airport operator’s TSP must contain—description of airport  (a) the name of the airport; and  (b) its geographic location, including a reference to the closest population centre; and  (c) whether or not access into landside and airside areas and zones of the airport, and the internal security of such areas and zones, is controlled at all times; and  (d) details of procedures for security outside the airport’s normal hours of operation.  (1A) The TSP must be accompanied by a document that sets out:  (a) the types of aircraft operations that operate to and from the airport, including regular public transport, cargo, general aviation and joint‑user facilities and other significant operations that may require security considerations; and  (b) the size of the airport; and  (c) a description of significant features affecting the security of the airport perimeter, such as waterways or residential areas; and  (d) a description of the airside and landside operations for which the operator has responsibility; and  (e) the hours during which the airport normally operates.  (1B) If a screened air service operates from the airport, the TSP must be accompanied by a document that contains a description of the apron or aprons for the airport.  (2) The TSP must identify all aviation industry participants that have a facility at, or are located within, the airport that are required to have a TSP, or are covered by the airport operator’s TSP or another aviation industry participant’s TSP.  (3) The operator of a security controlled airport must, within 7 working days after becoming aware of a change in any of the details mentioned in subregulation (1), (1A) or (2), notify the Secretary in writing of the new details.  (4) The TSP must be accompanied by a document that sets out:  (a) the operator’s name; and  (b) the name of its chief executive officer or manager; and  (c) the operator’s mailing address, if different to the airport’s location; and  (e) the contact telephone number for the operator, including an after‑hours number; and  (f) an alternative contact person and number; and  (g) the name of the security contact officer and his or her business phone number, e‑mail address and a 24‑hour security contact number.  (5) The operator of a security controlled airport must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (4) to accompany the TSP), notify the Secretary in writing of the new details.  (6) A contravention of subregulation (3) or (5) is an offence of strict liability.  (7) The operator must give each other aviation industry participant that has a facility at, or is located within, the airport:  (a) contact details for the operator, including contact details for the operator’s security contact officer; and  (b) details of the procedures to make known the location of airside areas, airside security zones and landside security zones within the boundaries of the airport; and  (c) details of the procedures to check the identity of persons who are authorised to have access to those areas and security zones.  (8) The TSP must require the airport operator to maintain a system to enable all aviation industry participants that have a facility at, or are located within, the airport to be contacted if an aviation security incident occurs. 2.14  Required information about proposed security zones at airport operator’s airport   If an airport operator wishes the Secretary to establish an airside security zone or a landside security zone at the airport, the operator’s TSP must be accompanied by a document that sets out:  (a) the purpose of establishing the zone; and  (b) the proposed boundaries of the zone; and  (c) if applicable, the period when, or the circumstances in which, the zone will be in force; and  (d) the name or position of the person or persons responsible for security measures in relation to the zone. 2.15  What airport operator’s TSP must contain—map of airside and landside areas and security zones   A map that accompanies the TSP for the purposes of paragraph 17(2)(a) of the Act:  (a) must have a linear scale; and  (b) must show a north point; and  (c) must show the latitude and longitude of the airport; and  (d) must be in black and white, with limited shading, or in colour; and  (e) must be a clear and light featured depiction of the airport and its airside and landside areas; and  (f) must be on A4‑size paper or in electronic form. Note: The TSP for an airport operator must include a map of the airside and landside boundaries within the airport—see paragraph 17(2)(a) of the Act. 2.16  What airport operator’s TSP must contain—physical security and access control  (1) The TSP must set out the security measures and procedures to be used within the airport, including measures and procedures:  (a) to control access at the airport and maintain the integrity of access control systems; and  (aa) to monitor and control access to landside and airside security zones; and  (b) to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things; and  (c) to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things; and  (d) to deter and detect unauthorised access into a landside security zone by people, vehicles or things; and  (e) to be applied to unattended aircraft; and  (f) to assess, identify and respond to unknown substances; and  (g) to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and  (h) to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges.  (a) specify the security measures and procedures that have been implemented within the airport; and  (b) be accompanied by a document that sets out a timetable for implementation of any security measures and procedures that have not been implemented. Issuing VICs for access control  (3) If an airport operator intends to authorise agents to issue VICs on behalf of the airport operator, the TSP must set out procedures for:  (a) how the airport operator will authorise agents; and  (b) auditing an agent’s practices.  (4) If an airport operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:  (a) the form; and  (b) whether VICs issued by the airport operator’s agents will be in the different form.  (5) An airport operator’s TSP may set out:  (a) more than 1 form for a VIC; and  (b) that the airport operator’s agents may use a different form, set out in the TSP, than that used by the airport operator.  (6) An airport operator’s TSP may state that the airport operator (or its agent) must not issue VICs in the form set out in regulation 6.39.  (7) If an airport operator intends to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the airport operator within 7 days after the VIC has expired. 2.17  What airport operator’s TSP must contain—screening and clearing  (1) If a screened air service operates from the airport, the TSP must set out measures and procedures to carry out screening and clearing of persons and baggage.  (2) These measures and procedures must include:  (a) the locations where screening is undertaken; and  (e) measures and procedures to control the movement of passengers; and  (f) procedures for handling and screening transit passengers from inbound international flights at the first point of call in Australia; and  (g) measures to ensure that passengers who have not been cleared on arriving aircraft (for example, small general‑aviation aircraft) do not mix or interfere with cleared passengers; and  (h) measures and procedures to handle:  (i) diplomats and other VIPs; and  (ii) government couriers and diplomatic bags; and  (iii) passengers with reduced mobility or a medical condition; and  (iv) persons in custody; and  (v) suspect behaviour by a passenger; and  (vi) transit passengers; and  (i) measures and procedures to follow sterile area breaches, including post‑breach recovery plans. 2.18  What airport operator’s TSP must contain—checked baggage screening   If the airport operator carries out checked baggage screening itself, the TSP must include:  (a) measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and  (b) measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; and  (c) procedures to treat unattended and suspect baggage; and  (d) measures and procedures to respond to the detection of explosives. 2.18A  What airport operator’s TSP must contain—access control and screening for security restricted areas at designated airports  (1) This regulation applies if a security restricted area has been established within the airside area of a designated airport in accordance with section 30 of the Act.  (2) The airport operator’s TSP must set out the following matters:  (a) the location of points of entry into the security restricted area that are to be access control points for the purposes of these regulations;  (b) the aviation industry participant that controls each access control point;  (c) procedures to confirm the following:  (i) the identity of persons entering the security restricted area through access control points controlled by the operator;  (ii) that persons, vehicles and things entering the security restricted area through access control points controlled by the operator are authorised to do so;  (d) procedures to confirm that each person who enters the security restricted area through an access control point controlled by the operator and who is required by Subdivision 3.2.1 to properly display an ASIC in the area:  (ii) holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;  (e) if checks to confirm the matters mentioned in paragraphs (c) and (d) are to be performed at a place in the vicinity of an access control point—the location of that place;  (f) procedures to ensure that a person entering the security restricted area other than through an access control point does not bring any unauthorised weapons into the security restricted area;  (g) if persons are to be permitted to re‑enter the security restricted area, other than through an access control point, after leaving the security restricted area to perform work:  (i) the classes of persons to whom that permission applies; and  (ii) if that permission applies only if the work is to be performed at a facility that is in, or in the vicinity of, the airside area—a description of the facility and its location.  (3) The TSP must be accompanied by a document that identifies the person, or persons jointly, responsible for maintaining the security of:  (a) the security restricted area; and  (b) each access control point for the security restricted area.  (4) The TSP must also set out the following matters:  (a) measures and procedures to carry out screening of persons, vehicles and goods that enter the security restricted area;  (b) details of the locations where that screening will take place in accordance with subregulation 3.16E(3);  (c) if:  (i) the airport operator controls the security restricted area, or a part of the security restricted area; and  (ii) the airport operator intends screening to occur inside the area, or the part of the area, in accordance with subregulation 3.16E(4);   details of the general area or areas in the security restricted area in which that screening will occur. 2.18B  What airport operator’s TSP must contain—crowded landside zones at designated airports   If an airport operator is responsible for the crowded landside zone at a designated airport, the airport operator’s TSP must:  (a) set out measure and procedures:  (i) to control crowding in the crowded landside zone; and  (ii) to reduce the risk and consequences of damage from explosive devices in the crowded landside zone; and  (b) include details of:  (i) exercises to be conducted to test the effectiveness of security responses in the crowded landside zone; and  (ii) how such exercises are scheduled. 2.19  What airport operator’s TSP must contain—cargo facilities with direct access to airside   If a screened air service operates from the airport, the TSP must be accompanied by a document listing each facility that has direct access to the airside of the airport and is responsible for receiving, processing and clearing cargo. 2.20  What airport operator’s TSP must contain—control of firearms, other weapons and prohibited items  (c) procedures for handling and movement of firearms and other weapons; and  (d) procedures for using firearms and other weapons in the airside area or landside security zones; and  (e) methods for ensuring that staff who have a need to know are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within the airport.  (2) The airport operator must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws. 2.21  Required information about measures and procedures in the event of a heightened security alert  (1) The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.  (2) Those measures and procedures must include:  (a) procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and  (b) procedures for reporting aviation security breaches, including occurrences that threaten the security of the airport; and  (c) procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an incident, threat or breach involving one or more of the following:  (i) an aircraft hijacking;  (ii) a bomb threat;  (iii) a failure of critical security equipment;  (iv) an unattended or suspect vehicle or thing in a crowded landside zone;  (v) armed persons in a crowded landside zone; and  (d) procedures for responding to any special security direction given by the Secretary, including procedures to communicate directions within the airport; and  (e) procedures for raising the awareness and alertness of staff to security threats and their responsibility to report aviation security incidents and breaches; and 2.22  What airport operator’s TSP must contain—personnel with particular security roles  (1) The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the operator in respect of the security‑related aspects of their positions.  (2) The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s airport. relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s airport. Division 2.3—Operators of prescribed air services 2.25  What this Division does   This Division sets out the requirements about the content of a TSP for the operator of a prescribed air service. 2.26  Application of this Division  (1) This Division applies to the operator of a prescribed air service.  (2) A reference in this Division to an aircraft operator is a reference to the operator of a prescribed air service. 2.27  Scope of aircraft operator’s TSP   An aircraft operator’s TSP must cover any aviation‑security‑related activity that is relevant to its operations, including significant facilities on security controlled airports. 2.28  What aircraft operator’s TSP must contain—outline etc.   The TSP must set out an outline of the objectives of the TSP and must include:  (a) a statement outlining the local security risk context of the operator, including consideration of location, seasonal and operational factors; and 2.29  What aircraft operator’s TSP must contain—procedures for managing security etc  (1) The TSP must set out procedures for managing security at the operator’s facilities, including:  (b) the roles and responsibilities of security contact officers, security staff and contractors; and  (c) the roles and responsibilities of other staff who have been assigned security duties and responsibilities.  (2) The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation:  (a) between the operator and the operator of any security controlled airport at which the operator has a facility; and  (c) between the operator and relevant third parties. Note: Relevant third parties might, for example, include police, tenants or lessees.  (3) The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure. 2.30  What aircraft operator’s TSP must contain—procedures for quality control  (d) a description of the circumstances that will require a review of the TSP, including those surrounding the occurrence of an aviation security incident.  (2) An operator must: 2.31  What aircraft operator’s TSP must contain—details of operator’s name and operations  (a) the name of the operator; and  (b) the geographic location of each of its operational facilities that is located within a security controlled airport; and  (c) for each of the operator’s operational facilities—details of procedures for security outside the facility’s normal hours of operation.  (1A) The TSP must be accompanied by a document that sets out:  (a) the types of aircraft operations the operator carries on (including regular public transport, cargo and general aviation operations) that may require security considerations, including:  (i) details of the operator’s aircraft, including aircraft types and numbers; and  (ii) details of regular routes flown and airports served; and  (b) for each of the operator’s operational facilities—the hours of the facility’s normal operation.  (2) The operator of a prescribed air service must, within 7 working days after becoming aware of a change in any of the details mentioned in subregulation (1) or (1A), notify the Secretary in writing of the new details.  (3) The TSP must be accompanied by a document that sets out:  (a) the operator’s name; and  (b) the name of its chief executive officer or manager; and  (c) the operator’s mailing address; and  (e) the contact telephone number for the operator, including an after‑hours number; and  (f) an alternative contact person and number; and  (g) the name of the security contact officer and his or her business phone number, e‑mail address and a 24‑hour security contact number.  (4) The operator of a prescribed air service must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (3) to accompany the TSP), notify the Secretary in writing of the new details.  (5) A contravention of subregulation (2) or (4) is an offence of strict liability.  (6) The operator of a prescribed air service must give the operator of each security controlled airport at which it has a facility contact details for the facility, including contact details for the operator’s security contact officer. 2.32  What aircraft operator’s TSP must contain—physical security and access control  (1) The TSP must set out the security measures and procedures to be used within each of the operator’s facilities, including measures and procedures:  (a) to control access to aircraft and facilities and maintain the integrity of access control systems; and  (b) to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things; and  (c) to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things; and  (d) to deter and detect unauthorised access into a landside security zone by people, vehicles or things; and  (e) to be applied to unattended aircraft; and  (f) to assess, identify and respond to unknown substances; and  (g) to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and  (h) to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges.  (a) specify the security measures and procedures that have been implemented within each of the operator’s facilities; and  (b) be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented. Issuing TACs for access control  (5) If an aircraft operator intends to issue TACs, the TSP must set out the process for how the aircraft operator will issue TACs. Issuing VICs for access control  (6) If an aircraft operator intends to authorise agents to issue VICs on behalf of the aircraft operator, the TSP must set out procedures for:  (a) how the aircraft operator will authorise agents; and  (b) auditing an agent’s practices.  (7) If an aircraft operator is approved by the Secretary to issue VICs and the aircraft operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:  (a) the form; and  (b) whether VICs issued by the aircraft operator’s agents will be in the different form.  (8) An aircraft operator’s TSP may set out:  (a) more than 1 form for a VIC; and  (b) that an aircraft operator’s agents may use a different form, set out in the TSP, than that used by the aircraft operator.  (9) An aircraft operator’s TSP may state that the aircraft operator (or its agent) must not issue VICs in the form set out in regulation 6.39.  (10) If an aircraft operator is approved by the Secretary to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the aircraft operator within 7 days after the VIC has expired. 2.33  What aircraft operator’s TSP must contain—control of firearms, other weapons and prohibited items  (1) The aircraft operator must ensure that procedures in the TSP include:  (c) procedures for handling and movement of firearms and other weapons; and  (e) methods for ensuring operational staff are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within the airport.  (2) The aircraft operator must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws. 2.34  What aircraft operator’s TSP must contain—check‑in and boarding procedures   The TSP must set out passenger check‑in and boarding procedures, including procedures for dealing with any anomalies in passenger reconciliation that may arise during check‑in or boarding. 2.35  What aircraft operator’s TSP must contain—screening and clearing   If the operator carries out passenger or crew screening, the TSP must include:  (a) measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and  (b) measures to ensure that cleared passengers departing from or boarding an aircraft do not mix with passengers who have not been cleared on arriving aircraft; and  (c) measures and procedures to carry out screening and clearing of carry‑on baggage, including details of the locations where that screening and clearing is undertaken; and  (d) measures and procedures for the screening and clearing of transit passengers, including passengers who cannot leave the aircraft during transit; and  (e) procedures to treat suspect passengers or carry‑on baggage; and  (f) measures and procedures to control the movement of passengers; and  (g) measures and procedures to handle:  (i) diplomats and other VIPs; and  (ii) government couriers and diplomatic bags; and  (iii) passengers with reduced mobility or a medical condition; and  (iv) persons in custody; and  (v) transit passengers; and  (i) measures and procedures following sterile area breaches, including post‑breach recovery plans. 2.35A  What aircraft operator’s TSP must contain—access control and screening for security restricted areas at designated airports  (1) If an aircraft operator controls an access control point into a security restricted area at a designated airport, the TSP must set out the following matters:  (a) procedures to confirm the following:  (i) the identity of persons entering the security restricted area through the access control point;  (ii) that persons, vehicles and things entering the security restricted area through the access control point are authorised to do so;  (b) procedures to confirm that each person who enters the security restricted area through the access control point and who is required by Subdivision 3.2.1 to properly display an ASIC in the area:  (ii) holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;  (c) if checks to confirm the matters mentioned in paragraphs (a) and (b) are to be performed at a place in the vicinity of the access control point—the location of that place;  (d) procedures to ensure that a person entering a part of the security restricted area that is controlled by the aircraft operator other than through an access control point does not bring any unauthorised weapons into the security restricted area;  (e) if persons are to be permitted to re‑enter a part of the security restricted area that is controlled by the aircraft operator, other than through an access control point, after leaving the security restricted area to perform work:  (i) the classes of persons to whom that permission applies; and  (ii) if that permission applies only if the work is to be performed at a facility that is in, or in the vicinity of, the airside area—a description of the facility and its location.  (2) If an aircraft operator controls the whole or a part of a security restricted area at a designated airport, the TSP must be accompanied by a document that identifies the person, or persons jointly, responsible for maintaining the security of each access control point into the area or that part of the area.  (3) If an aircraft operator carries out screening for a security restricted area at a designated airport, the TSP must also set out the following matters:  (a) measures and procedures to carry out screening of persons, vehicles and goods that enter the security restricted area;  (b) details of the locations where that screening will take place in accordance with subregulation 3.16E(3);  (c) if:  (i) the aircraft operator controls the security restricted area, or a part of the security restricted area; and  (ii) the aircraft operator intends screening to occur inside the area, or the part of the area, in accordance with subregulation 3.16E(4);   details of the general area or areas in the security restricted area in which that screening will occur. 2.36  What aircraft operator’s TSP must contain—security of passenger and crew information   The TSP must set out measures to ensure the protection of information about passenger and crew movements. 2.37  What aircraft operator’s TSP must contain—checked baggage screening   If the operator carries out checked baggage screening itself, the TSP must include:  (a) measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and  (c) measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; and  (d) procedures to treat unattended and suspect baggage; and  (e) measures and procedures to respond to the detection of explosives. 2.38  What aircraft operator’s TSP must contain—passenger and checked baggage reconciliation   The TSP must include measures and procedures to ensure that checked baggage transported on an aircraft belongs to the passengers on the flight, including:  (a) details of the procedures used to reconcile passengers and baggage; and  (b) procedures to ensure that the requirements of subregulations 4.21(6) and (7) are complied with before the aircraft departs. 2.39  What aircraft operator’s TSP must contain—security of aircraft  (a) measures and procedures to prevent the unlawful carriage of a firearm, another weapon or a prohibited item, including the procedures to respond to the detection of a firearm, another weapon or a prohibited item; and  (b) measures and procedures to deter unauthorised access to aircraft at all times; and  (c) measures and procedures to ensure that access to an aircraft’s flight deck is controlled to prevent unauthorised entry at all times; and  (d) measures and procedures to assess, identify and respond to unknown substances; and  (e) measures and procedures to investigate, secure and remove unattended and suspect items, including baggage and cargo; and  (f) measures and procedures to maintain the security of stores; and  (g) measures and procedures for handling suspect behaviour by a passenger, including:  (i) details of restraining devices that will be carried on board each aircraft and their location; and  (ii) details of the crew members who are authorised to use restraints; and  (iii) the procedures for reporting suspect behaviour by passengers.  (2) If an aircraft operator carries a person in custody as a passenger on an aircraft, the TSP must include measures and procedures to ensure on board security when carrying the person in custody. 2.40  What aircraft operator’s TSP must contain—security of aircraft cleaning operations and stores   The TSP must include measures and procedures to ensure the security of aircraft cleaning operations and materials to be taken on board an aircraft and at facilities controlled by the operator. 2.41  What aircraft operator’s TSP must contain—security of cargo etc  (2) The TSP must set out the procedures for receipt and handling of cargo.  (3) The TSP must set out measures and procedures to be used to ensure the security of cargo at all times, including supervising and controlling access to cargo that has received clearance.  (4) The TSP must set out measures and procedures to be used to ensure the security of diplomatic mail.  (5) The TSP must set out measures and procedures to be used for handling and treating high risk cargo. 2.42  What aircraft operator’s TSP must contain—security of documents   The TSP must include measures and procedures to control access to operational documents (such as baggage tags, boarding passes and tickets), including those produced electronically. 2.43  Required information about measures and procedures in the event of a heightened security alert  (1) The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.  (2) Those measures and procedures must include:  (a) procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and  (b) procedures for reporting aviation security breaches, including occurrences that threaten aviation security; and  (c) procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an incident, threat or breach involving one or more of the following:  (i) an aircraft hijacking;  (ii) a bomb threat;  (iii) a failure of critical security equipment;  (iv) an external attack on an aircraft;  (v) the discovery of an unknown substance on an aircraft in flight;  (vi) the discovery of an unauthorised person on board an aircraft in flight;  (vii) an unattended or suspect vehicle or thing in a crowded landside zone;  (viii) armed persons in a crowded landside zone; and  (d) procedures for responding to any special security directions given by the Secretary; and  (e) procedures for raising the awareness and alertness of staff to security threats and their responsibility to report aviation security incidents and breaches; and 2.45  What aircraft operator’s TSP must contain—personnel with particular security roles  (1) The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the operator in respect of the security‑related aspects of their positions.  (2) The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s facilities. relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s facilities. Division 2.6—Airservices Australia 2.75  Definition for Division—AA AA means Airservices Australia. 2.76  What this Division does   This Division sets out the requirements about the content of a TSP for AA. 2.77  Scope of AA’s TSP   The TSP must set out the measures and procedures for managing the provision of protective security to minimise the risk of unlawful interference with aviation, including security threats and other major security threats against critical air traffic facilities, aeronautical navigation facilities, telecommunications facilities and surveillance facilities. 2.78  What AA’s TSP must contain—outline   The TSP must set out an outline of the objective of the TSP and must include:  (a) a statement outlining the local security risk context of AA’s facilities, including consideration of location, seasonal and operational factors; and 2.79  What AA’s TSP must contain—procedures for managing security etc  (1) The TSP must set out procedures for managing security at its facilities, including:  (b) the roles and responsibilities of AA’s security officers, security staff and contractors; and  (c) the roles and responsibilities of other staff who have been assigned other security duties and responsibilities.  (2) The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation between AA and relevant third parties. Note: Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.  (3) The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure. 2.80  What AA’s TSP must contain—procedures for quality control  (d) a description of the circumstances that will require a review of the TSP including those surrounding the occurrence of an aviation security incident.  (2) AA must: 2.81  What AA’s TSP must contain—details of AA’s operations  (a) details of AA’s aviation‑related facilities (including facilities for air traffic control and related activities) that are covered by the TSP; and  (b) for each of those facilities—details of:  (i) the type of operations carried out by the facility, including joint‑user facilities and other significant operations that may require security considerations; and  (ii) the hours of operation of the facility; and  (iii) the procedures for security outside each facility’s normal hours of operation.  (3) The TSP must be accompanied by a document that sets out:  (b) AA’s contact telephone number, an after‑hours number and an alternative contact person and number; and  (c) the name of AA’s security contact officer, and his or her business phone number, e‑mail address and 24‑hour security contact number.  (4) AA must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (3) to accompany the TSP), notify the Secretary in writing of the new details. List of AA’s contact details  (5) AA must maintain a contact system for all facilities and other significant operations covered under the TSP. AA to give information  (6) For each of its facilities that is located within a security controlled airport, AA must give the operator of the airport the contact information for the facility, including contact details for AA’s security contact officer or the facility security contact officer. 2.82  What AA’s TSP must contain—physical security and access control  (1) The TSP must set out the security measures and procedures to be used by each of its facilities, including measures and procedures:  (a) to control access at facilities and maintain integrity of access control systems, both within a security controlled airport and off‑airport; and  (b) to deter and detect unauthorised access by people, vehicles or things; and  (c) to deal with unattended vehicles at a facility that is within a security controlled airport; and  (d) to investigate, secure and remove unattended or suspect items, including vehicles, materials and stores; and  (e) to ensure the continued security of passwords, keys and key lists, electronic access cards and other security privileges; and  (f) to assess, identify and respond to unknown substances.  (a) specify the security measures and procedures that have been implemented within each of AA’s facilities; and  (b) be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented. 2.83  What AA’s TSP must contain—control of firearms, other weapons and prohibited items  (c) procedures for the handling and movement of firearms and other weapons; and  (d) procedures for using firearms and other weapons in the airside area or landside security zones; and  (e) methods for ensuring that operational staff are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within a facility.  (2) AA must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws. 2.84  Measures for heightened security alert  (1) The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.  (2) The document must include:  (a) procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and  (b) procedures for reporting aviation security breaches, including occurrences that threaten the security of an AA facility within a security controlled airport; and  (c) procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including bomb threats and critical security equipment failures; and  (d) procedures for responding to any special security directions given by the Secretary, including procedures to communicate directions within a security controlled airport; and  (e) procedures for raising the awareness and alertness of staff to security threats and responsibility to report aviation security incidents and breaches; and 2.85  What AA’s TSP must contain—control directions  (1) The TSP must describe the procedures that AA will use for passing compliance control directions to the pilot in command of the aircraft concerned. Note: In relation to compliance control directions, see section 74B of the Act.  (2) The TSP must describe the procedures that AA will use to pass an incident control direction to the pilot in command of an aircraft. Note: In relation to incident control directions, see section 74D of the Act.  (3) The TSP complies with subregulations (1) and (2) if it refers to another document that sets out the procedures. 2.86  What AA’s TSP must contain—personnel with particular security roles  (1) The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of AA in respect of the security‑related aspects of their positions.  (2) AA must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at AA’s facilities. relevant staff of AA means employees, contractors and other persons who have been assigned particular security duties and responsibilities at AA’s facilities. Part 3—Airport areas and zones Division 3.1A—Security controlled airports—categories 3.01A  Definitions revenue passenger means a passenger who has paid a fee for a flight, including a passenger who has acquired a ticket for the flight under a frequent flyer scheme.  (2) For this Division, the average number of revenue passengers is worked out by:  (a) adding together the number of revenue passengers departing the airport:  (i) if the airport has been operating for at least 3 financial years—in each of the 3 previous financial years; or  (ii) if the airport has been operating for less than 3 financial years—in each of the previous financial years that the airport has been operating; and  (b) dividing the total by:  (i) if the airport has been operating for at least 3 financial years—3; or  (ii) if the airport has been operating for less than 3 financial years—the number of financial years that the airport has been operating. 3.01B  Categories of security controlled airports   For the purposes of section 28A of the Act, the following categories of security controlled airports are prescribed:  (a) designated airport;  (b) tier 1;  (c) tier 2;  (d) tier 3. Note: The Secretary may assign a particular security controlled airport a category prescribed by this regulation (see subsection 28(6) of the Act). 3.01C  Criteria to be considered by Secretary  (1) For subsection 133(1) of the Act, before assigning a particular security controlled airport a category under subsection 28(6) of the Act, the Secretary may consider the matters set out in this regulation. Note: Under paragraph 126(1)(ea) of the Act, application may be made to the Administrative Review Tribunal for a review of the Secretary’s decision to assign a category to a particular security controlled airport.  (2) The Secretary may consider the following:  (a) whether the airport is a designated airport;  (b) whether an international air service operates to or from the airport;  (c) whether aircraft operate regular public transport operations or open charter operations to or from the airport, and if so:  (i) the seating capacity of those aircraft; and  (ii) the average number of revenue passengers that depart the airport each year as part of those operations;  (d) whether aircraft operate closed charter operations to or from the airport, and if so, the seating capacity of those aircraft.  (3) The Secretary may also consider the following:  (a) whether the design of the existing terminal at the airport will prevent the airport operator from complying with particular security screening requirements;  (b) whether it is practicable for temporary facilities to be installed at the airport so that the airport operator can comply with particular security screening requirements;  (c) the operational environment of the airport, including:  (i) the types of aircraft operating to and from the airport; and  (ii) the services those aircraft provide; and  (iii) the services available at the airport, such as refuelling and maintenance services;  (d) the number of revenue passengers that:  (i) departed the airport in each of the 3 previous financial years; and  (ii) are expected to depart the airport in the following 3 financial years;  (e) the ability of the screening authority for the airport or an area of the airport to:  (i) provide and operate security screening equipment; and  (ii) provide particular security screening services;  (f) when the airport operator expects to be able to start complying with particular security screening requirements;  (g) the social and financial implications of requiring, or not requiring, the airport to use or implement equipment or procedures specified in the Act, these Regulations, or in a notice given by the Secretary under regulation 4.17;  (h) any other matter that the Secretary considers relevant. Example of social implications for paragraph (g): The loss of access by the local community to medical services. Division 3.1—Establishment of areas and zones 3.01  Type of airside security zone   For the purposes of section 31 of the Act, the following type of airside security zone is prescribed, that is, the security restricted area. 3.02  Types of landside security zones   For section 33 of the Act, the following types of landside security zones are prescribed:  (a) the sterile area;  (aa) the crowded landside zone;  (b) the fuel storage zone;  (c) the air traffic control facilities zone;  (d) the navigational aids zone. 3.02A  Type of airside event zones   For section 31B of the Act, the following type of airside event zone is prescribed, that is, the airside special event zone. 3.02B  Type of landside event zones   For section 33B of the Act, the following type of landside event zone is prescribed, that is, the landside special event zone. Division 3.2—Control of secure areas—use of ASICs etc Subdivision 3.2.1—Display and use of ASICs, VICs and TACs in secure areas 3.03  Requirement to display ASICs in secure areas  (1) Subject to subregulations (4), (4A) and (5), regulations 3.05 to 3.09 and subregulations 3.18(2) and 3.26(2):  (a) a person in the airside security zone of a security controlled airport must properly display a valid red ASIC; and  (b) a person in a secure area (other than the airside security zone) of such an airport must properly display either a valid red ASIC or a valid grey ASIC. Note 1: The requirement in subregulation (1) applies to a person who is accessing parts of the sterile area not generally accessible to passengers or the public. Note 2: For properly displaying, see regulation 1.04; for valid, see regulation 1.05; for secure area, see regulation 1.03. Note 3: A person who properly displays a valid VIC or TAC, and is supervised by a person who properly displays a valid ASIC, need not display a valid ASIC—see regulation 3.09.  (2) To avoid doubt, the obligations in subregulation (1) apply to crew.  (4) Subregulation (1) does not apply in relation to a security controlled airport from or to which no regular public transport operation operates.  (4A) At a security controlled airport from or to which no screened air service operates, paragraphs (1)(a) and (b) apply only during traffic periods.  (4B) To avoid doubt, there is no requirement that a person display a VIC or TAC in the secure area of an airport referred to in subregulation (4A) other than during traffic periods.  (5) Subregulation (1) does not apply to a person:  (a) who is in a part of the sterile area that is generally accessible to passengers or the public generally; or  (b) who is a passenger and:  (i) is boarding or disembarking from an aircraft by means of an aerobridge; or  (ii) is boarding or disembarking from an aircraft in the secure area and is moving reasonably directly between the aircraft and the terminal building. 3.04  Supervision and control while embarking and disembarking etc  (1) For paragraph 44(2)(l) of the Act, a screening authority must have, and must employ, supervision and control measures adequate to ensure that persons, goods and vehicles in the sterile area that have received clearance remain cleared.  (2) For paragraph 44(2)(l) of the Act, an aircraft operator must have, and must employ, supervision and control measures adequate to ensure that:  (a) persons in the airside area who have received clearance remain cleared while boarding or disembarking from a prescribed air service; and  (b) goods and vehicles in the airside area that have received clearance remain cleared while being loaded onto or unloaded from a prescribed air service.  (3) The supervision and control measures must ensure that passengers moving between the sterile area and an aircraft do not have access to a weapon or a prohibited item if the aircraft is to operate a screened air service. 3.05  Crew of foreign and state aircraft etc   Despite regulation 3.03, the following people need not display an ASIC in a secure area:  (a) a person who is a member of the crew of a foreign aircraft (other than a state aircraft) that is engaged in a regular public transport operation or a charter operation and who:  (i) is in the uniform of the aircraft operator; and  (ii) displays appropriate identification issued or authorised by the aircraft operator;  (b) a person who is a member of the crew of a state aircraft (that is, a person who has duties or functions on board such an aircraft during its flight in connection with the flying or safety of the aircraft) and who:  (i) is in uniform; and  (ii) displays appropriate identification issued or authorised by the defence force or service of which he or she is a member;  (c) a person who:  (i) is a member of a foreign defence force or service; and  (ii) is undergoing flight training; and  (iii) is in uniform; and  (iv) displays appropriate identification issued or authorised by the defence force or service of which he or she is a member; and  (v) is supervised by a person who is displaying a valid ASIC. 3.06  Members of a defence force  (1) This regulation applies to a member of:  (a) the Australian Defence Force (ADF); and  (b) a visiting force, within the meaning of the Defence (Visiting Forces) Act 1963, on training, exercises or operations with the ADF.  (2) Despite regulation 3.03, a member of a defence force to whom this regulation applies need not display an ASIC in a secure area if the member:  (a) is on duty and involved:  (i) in the operation of an aircraft; or  (ii) in supporting the operation of an aircraft; and  (b) is in uniform or other role appropriate clothing; and  (c) displays proper identification as a member of a defence force. 3.07  Persons facilitating movement of cargo or passengers cargo facilitator means a person who:  (a) is at a security controlled airport for the purpose of travelling with cargo on a prescribed aircraft; and  (b) has arrived at the airport on the aircraft; and  (c) is travelling for the purpose of assisting with the movement of the cargo; and  (d) does not travel through the airport for that purpose more than 3 times a year. Example: A person travelling with a racehorse to move the horse off the aircraft. medical transport facilitator means a person who is an employee, contractor or volunteer of a State or Territory ambulance service and is at a security controlled airport for the purpose of assisting with the movement of:  (a) a sick or injured passenger to or from an aircraft; or  (b) medical cargo. passenger facilitator means a person who is at a security controlled airport, or on a prescribed aircraft, for the purpose of assisting the movement of a passenger with reduced mobility or a specialised medical need.  (2) Despite regulation 3.03, a cargo facilitator or passenger facilitator need not display an ASIC in the secure area if, while he or she is in the area, he or she is escorted by:  (a) an employee or officer of the operator of the aircraft on which the relevant cargo or passenger is or will be carried; or  (b) somebody else who the cargo facilitator or passenger facilitator has reason to believe is authorised to supervise cargo facilitators or passenger facilitators in the area.  (2A) Despite regulation 3.03, a medical transport facilitator is not required to display an ASIC in the secure area if he or she, while in the secure area, is supervised by a person who is displaying a valid ASIC and who is authorised by the operator of the aircraft on which the medical cargo or sick or injured passenger is or will be carried.  (2B) For subregulation (2A), a medical transport facilitator is supervised if the person who is displaying a valid ASIC:  (a) escorts or accompanies the medical transport facilitator at all times when the medical transport facilitator is in the secure area; or  (b) watches the medical transport facilitator at all times when the medical transport facilitator is in the secure area.  (3) An aircraft operator must ensure that a cargo facilitator or passenger facilitator does not enter, or stay in, a secure area of an airport unless the cargo facilitator or passenger facilitator:  (a) holds, and properly displays, a valid ASIC; or  (b) is directed to enter the area, and while in the area is escorted, by a person referred to in paragraph (2)(a) or (b).  (3A) An aircraft operator must ensure that a medical transport facilitator does not enter, or stay in, a secure area of an airport unless the medical transport facilitator:  (a) holds and properly displays a valid ASIC; or  (b) is supervised by a person mentioned in subregulation (2A).  (4) A contravention of subregulation (3) or (3A) is an offence of strict liability. 3.07A  Persons attending baggage make‑up areas   Despite regulation 3.03, a person need not display an ASIC in a secure area if:  (a) he or she is in the area for the purpose of identifying his or her baggage as part of baggage screening or reconciliation; and  (b) at all times while he or she is in the area, he or she is escorted by a person who is properly displaying a valid ASIC. 3.07B  Minors exempt from requirement to display ASIC   Despite regulation 3.03, a person is not required to display an ASIC in a secure area if:  (a) the person is:  (i) younger than 5; or  (ii) younger than 16 and on a school excursion; and  (b) at all times the person is in the secure area, he or she is escorted by a person who is properly displaying a valid ASIC. 3.08  Persons exempted by Secretary from requirement to display ASIC  (1) Despite regulation 3.03, somebody to whom the Secretary has given an exemption under this regulation need not display an ASIC in a secure area.  (2) A person may apply, in writing, to the Secretary for a written exemption from displaying an ASIC in such an area.  (3) Within 30 days after receiving an application, the Secretary must:  (a) give or refuse the exemption; and  (b) notify the person in writing of the decision and, if the decision is a refusal, the reasons for it.  (4) On the Secretary’s own initiative, the Secretary may give a person, or all persons in a specified class, exemption from displaying an ASIC in a secure area.  (5) Before giving or refusing an exemption, the Secretary must consider:  (a) why the exemption is necessary; and  (b) the likely effect of the proposed exemption on aviation security at the airport; and  (c) how long the proposed exemption will last, if it is given; and  (6) The Secretary may give an exemption:  (a) for a particular period and subject to a condition or conditions mentioned in the exemption; or  (b) limited to part of such an area of a particular airport.  (7) If the Secretary gives an exemption to all persons in a specified class, the Secretary must publish a notice of the exemption in the Gazette.  (8) To avoid doubt, an exemption under this regulation does not authorise the holder to:  (a) pass through a screening point without being screened; or  (b) enter a secure area or a prescribed aircraft otherwise than through a screening point. 3.08A  Foreign officials who display white ASIC  (1) Despite regulation 3.03, a foreign official need not display a valid ASIC in a secure area if, while the foreign official is in the secure area, the foreign official:  (a) is properly displaying a white ASIC; and  (b) is escorted by a person who is properly displaying a valid ASIC.  (2) A person who is the holder of a valid ASIC, and is escorting a foreign official who holds a white ASIC in a secure area, must not leave the foreign official unsupervised while the foreign official is in the area unless the supervision of the foreign official is taken over by another person who is displaying a valid ASIC.  (3) A contravention of subregulation (2) is an offence of strict liability.  (4) A foreign official who is the holder of a white ASIC, and was escorted by the holder of a valid ASIC into the secure area, must leave the area immediately if no person who is displaying a valid ASIC is supervising the foreign official. 3.09  Persons who display valid VICs or TACs  (1) Despite regulation 3.03, a person who is properly displaying a valid VIC or TAC need not display an ASIC in the secure area to which the VIC or TAC allows access.  (2) A person who is the holder of an ASIC, and has supervised a person who holds a VIC or TAC into the secure area to which the VIC or TAC allows access, must not leave the holder of the VIC or TAC unsupervised while the holder of the VIC or TAC is in the area unless the supervision of the VIC or TAC holder is taken over by another person who is displaying a valid ASIC.  (3) A contravention of subregulation (2) is an offence of strict liability.  (4) A person who is the holder of a VIC or TAC, and was supervised by the holder of an ASIC into the secure area to which the VIC or TAC allows access, must leave the area immediately if no person who is displaying a valid ASIC is supervising him or her. 3.10  Other cards not to be used as red ASICs, grey ASICs, VICs or TACs  (1) A person must not intentionally use an identity card, or another type of card, to be in a secure area, if he or she knows or believes that the card is not a valid red ASIC, grey ASIC, VIC or TAC.  (2) Subregulation (1) does not apply to a person who, under this Division, need not properly display a valid ASIC in the relevant secure area. 3.11  Entry to secure area to be for lawful purposes only  (1) The holder of a red ASIC, grey ASIC, VIC or TAC must not enter, or stay in, a secure area other than for a lawful purpose.  (2) A foreign official who is the holder of a white ASIC must not enter, or stay in, a secure area other than for a lawful purpose. Penalty for a contravention of subregulation (2): 5 penalty units. Subdivision 3.2.2—Display and use of ASICs, VICs and TACs outside secure areas 3.12  Persons facilitating passenger check‑in or baggage handling outside secure areas  (1) A person who is facilitating:  (a) passenger check‑in; or  (b) the handling of checked baggage; at a security controlled airport (regardless of whether, at the time, he or she is in a secure area) must properly display a valid ASIC at all times while doing so. Note 1: For properly displaying, see regulation 1.04; for valid, see regulation 1.05. The passenger and baggage check‑in areas are not normally part of the secure area of an airport. Note 2: A person who properly displays a valid VIC or TAC, and is supervised by a person who properly displays a valid ASIC, need not display a valid ASIC—see regulation 3.09. Note 3: At a time when such a person is outside the secure area, he or she complies with subregulation (1) if the ASIC is either a red ASIC or a grey ASIC. At a time when he or she is in the secure area, the ASIC must be either a red ASIC or a grey ASIC in accordance with regulation 3.03.  (2) A contravention of subregulation (1) is an offence of strict liability.  (3) In relation to a security controlled airport from or to which no screened air service operates, subregulation (1) has effect only during traffic periods. Division 3.3—Control of airside areas and zones—physical security Subdivision 3.3.1—Preliminary 3.13  Definitions for Division entry exempt person, in relation to an airside area or a security restricted area, means any of the following:  (a) a law enforcement officer who is in uniform or who produces his or her identity card as a law enforcement officer;  (b) a member of the Defence Force who is:  (i) responding to an event or threat of unlawful interference with aviation; or  (ii) responding to an emergency in Australia or overseas; or  (iii) on or conducting training exercises;  (c) an officer of Customs who:  (i) is a member of a Counter‑Terrorism Unit of the Australian Border Force; and  (ii) is wearing a Counter‑Terrorism Unit uniform; and  (iii) has attached to that uniform an identification card, issued by the Australian Border Force, that identifies the officer as such a member and that the officer would be properly displaying if the identification card were an ASIC; and  (iv) is performing duties in the area;  (d) a person in custody;  (e) a person escorting a person in custody;  (f) an employee, contractor or volunteer of an ambulance, rescue or fire service, or of a state or territory emergency service, who is responding to an emergency in Australia or overseas;  (g) a person acting under the direction of a person mentioned in paragraph (f) during an emergency in Australia or overseas;  (h) a medical transport facilitator, or a passenger facilitator, within the meaning of regulation 3.07;  (i) an employee or contractor of an aircraft operator that operates a screened air service, or of an airport operator of an airport from which a screened air service operates, who is responding to an emergency in Australia or overseas;  (j) an employee or contractor of a private security contractor who:  (i) with the consent of a responsible aviation industry participant for the area is in, or facilitating the movement of, an armoured vehicle or a vehicle that is accompanying such a vehicle; and  (ii) if required by State or Territory legislation—holds, and has on his or her person, a valid security guard licence (however described) issued under the law of the State or Territory;  (k) crew, or passengers under the supervision of an airport operator or aircraft operator, who are moving reasonably directly for the purposes of boarding or disembarking from an aircraft;  (l) the driver of a vehicle that is towing an aircraft. exempt goods, in relation to a security restricted area at a designated airport, means any of the following:  (a) baggage;  (b) cargo;  (c) goods, of a particular kind, that:  (i) are provided by a person (the regular provider) who has established an arrangement, recorded in writing, with an aviation industry participant for the supply of goods of that kind; and  (ii) have not been accessible to unauthorised persons from the time the goods are accepted from the regular provider by the aviation industry participant, until the start of a screened air service for which the goods are taken on board an aircraft;  (d) duty free items that:  (i) are intended for supply by an aircraft operator, or a duty free shop, operating from the airport; and  (ii) are items that have been authorised by the airport operator for the airport, or the aircraft operator by which the items are to be supplied, as being items needed for delivery to an aircraft located in the area, or as items that must be carried through the area for delivery;  (e) goods carried by a person who is a screening exempt person in relation to the area;  (f) except for the purposes of the definition of exempt vehicle or screening exempt person in this regulation—goods carried in a vehicle that is an exempt vehicle in relation to the area;  (g) dogs, performing duties in the area, that are under the control of:  (i) a law enforcement officer; or  (ii) an officer of Customs;  (h) an item that has been seized or detained under the Customs Act 1901 or another law of the Commonwealth that is being dealt with in accordance with such a law;  (i) fuel and other combustible substances (other than explosives) that are required for operational purposes within the area;  (j) goods that the Secretary, by written notice under paragraph 42(2)(b) of the Act, has provided may pass through a screening point for the area without being screened. exempt vehicle, in relation to a security restricted area at a designated airport, means any of the following:  (a) a vehicle being operated by, or carrying, a person who is an entry exempt person in relation to the area;  (b) an armoured vehicle carrying things that are exempt goods in relation to the area;  (c) a driverless vehicle under the control of an airport operator or an aircraft operator;  (d) a vehicle transporting cleared crew or passengers to an aircraft for boarding;  (e) a vehicle transporting crew or passengers outside of the area after disembarking an aircraft;  (f) a vehicle escorting a vehicle covered by paragraph (d) or (e);  (g) a vehicle that the Secretary, by written notice under paragraph 43(2)(b) of the Act, has provided may pass through a screening point for the area without being screened. responsible aviation industry participant, in relation to an area or a zone, means:  (a) in the case of an area or a zone that is covered by the TSP of an aviation industry participant—that aviation industry participant; or  (b) in any other case—the operator of the security controlled airport at which the area or zone is located. screening exempt person, in relation to a security restricted area at a designated airport, means any of the following:  (a) an entry exempt person in relation to the area;  (b) a screening officer who is engaged in the management of a screening point;  (c) an officer of Customs who is:  (i) performing duties in the area, in connection with the Customs Act 1901 or another law of the Commonwealth, that could be compromised if the officer were screened; or  (ii) responding to an emergency in Australia;  (d) the driver of a vehicle that is being used to transport crew or passengers to an aircraft for boarding or from an aircraft for disembarking;  (e) a person that the Secretary, by written notice under paragraph 41(2)(b) of the Act, has provided may pass through a screening point for the area without being screened. 3.14  Common boundaries of airside areas and security restricted areas—requirements for signs   If a boundary within an airside area is a common boundary for the airside area and a security restricted area, only the requirements for signs applicable to the security restricted area apply. Subdivision 3.3.1A—Requirements for airside area of all security controlled airports 3.15  Requirements for airside generally  (1) The requirements for the fencing of, and the provision of other physical barriers to entry to, the airside area of a security controlled airport are:  (a) a barrier sufficient to delineate the airside area; and  (b) effective access control points to permit authorised access to the airside area; and  (c) patrolling, electronic surveillance or any other suitable measures to inspect the barriers for damage and to deter and detect unauthorised access to the airside area; and  (d) if possible, illumination of the aircraft parking area while a prescribed aircraft is parked there at night; and  (e) signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), placed at the barrier in such a way that anyone entering the area knows that it is an airside area; and  (f) either:  (i) a sign, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (6), placed at every entrance to the airside area; or  (ii) signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (6A), placed at the barrier in such a way that anyone entering the area knows that it is an airside area.  (3) The responsible aviation industry participant for the airside area of the airport must ensure that the area can be entered only by:  (a) a person who is authorised to do so and who, if required by Subdivision 3.2.1 to properly display an ASIC in the area:  (ii) properly displays a valid VIC or TAC and is supervised by someone authorised to enter the area who properly displays a valid ASIC; or  (b) an entry exempt person; or  (c) a vehicle driven by a person mentioned in paragraph (a) or (b).  (4) A sign required by paragraph (1)(e) must be in the following form, or in the form set out in regulation 3.15A:   | <br> | Commonwealth of Australia<br>WARNING!<br>Airside area<br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (6) A sign required by subparagraph (1)(f)(i) must be in the following form:   | <br> | Commonwealth of Australia<br>WARNING!<br>Airside area<br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (6A) A sign required by subparagraph (1)(f)(ii) must be in the form set out in regulation 3.15A.  (7) A responsible aviation industry participant for the airside, or part of the airside, of a security controlled airport must comply with the requirements of subregulations (1), (3), (4), (6) and (6A).  (a) if the offender is an airport operator or an aircraft operator—200 penalty units; or  (10) If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of paragraph (3)(a) or (c). 3.15A  Alternative requirements relating to signs for airside areas   For the purposes of subregulations 3.15(4) and (6A), the form of the sign is as follows:   | <br> | Commonwealth of Australia<br> <br>WARNING!<br> <br>Airside area<br> <br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br> <br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br> <br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | Subdivision 3.3.2—Additional requirements for security restricted areas not at designated airports 3.16  Additional requirements for security restricted areas not at designated airports  (1) For the purposes of section 36 of the Act, this regulation prescribes additional requirements that apply to security restricted areas that are not at designated airports.  (2) This regulation begins to have effect in relation to an airport when the Secretary establishes such an area for the airport.  (3) The responsible aviation industry participant must ensure that:  (a) the security restricted area can be entered only by:  (i) a person who is authorised to do so and who, if required by Subdivision 3.2.1 to properly display an ASIC in the area, meets the requirements of subregulation (3A); or  (ii) an entry exempt person; or  (iii) a vehicle driven by a person mentioned in subparagraph (i) or (ii); and  (b) if access to the security restricted area or any part of it is not continuously controlled, the security restricted area or part is inspected before it is used; and  (c) signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), are placed at the boundary of the security restricted area in such a way that anyone entering the security restricted area knows that it is a security restricted area.  (3A) For the purposes of subparagraph (3)(a)(i), the person must:  (a) properly display a valid red ASIC; or  (b) properly display a valid VIC, a valid TAC or a valid grey ASIC and be supervised by someone authorised to enter the security restricted area who properly displays a valid red ASIC.  (4) A sign required by paragraph (3)(c) must be in the following form:   | <br> | Commonwealth of Australia<br> <br>WARNING!<br> <br>Security restricted area<br> <br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br> <br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br> <br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (7) If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of subparagraph (3)(a)(i) or (iii). Subdivision 3.3.3—Additional requirements for security restricted areas at designated airports 3.16A  Purpose and application of Subdivision   For the purposes of sections 36 and 44 of the Act, this Subdivision prescribes additional requirements that apply to security restricted areas at designated airports. 3.16B  Entry to security restricted areas at designated airports to be through access control points  (a) the person enters a security restricted area at a designated airport; and  (b) the entry is not through an access control point; and  (c) the entry is not covered by subregulation (2), (3) or (4).  (2) The entry is covered by this subregulation if the person is an entry exempt person for the security restricted area.  (3) The entry is covered by this subregulation if the entry is from:  (a) a cleared area or a cleared zone; or  (b) an area that can only be accessed from a cleared area, a cleared zone or the security restricted area.  (4) The entry is covered by this subregulation if:  (a) the person enters the security restricted area (the relevant area) from an airside area; and  (b) while in the airside area, the person was moving reasonably directly from another part of the relevant area, or from another security restricted area, for the purpose of performing work in the relevant area.  (5) For the purposes of subregulation (1), if:  (a) a person enters the security restricted area at an access control point for the purpose of performing work; and  (b) the person leaves the security restricted area for the purpose of performing work before re‑entering the security restricted area for the purpose of performing work; and  (c) while the person is outside the security restricted area, the person is at all times doing one or more of the following:  (i) performing work in the vicinity of the boundary of the security restricted area;  (ii) performing work at a facility that is in, or in the vicinity of, the airside area;  (iii) moving reasonably directly from such a facility to the security restricted area; and  (d) the person is in a class of persons, set out in the TSP of a responsible aviation industry participant for the security restricted area in accordance with subregulation 2.18A(2) or 2.35A(1), who are permitted to re‑enter the security restricted area, other than through an access control point, after leaving the security restricted area to perform work; and  (e) if subparagraph (c)(ii) or (iii) applies—the location of the facility is set out in that TSP, in accordance with that subregulation; the person is taken to remain in the security restricted area while the person is outside the security restricted area as mentioned in paragraph (c). Note: This means that the re‑entry is not treated as an entry for the purposes of subregulation (1).  (6) To avoid doubt, nothing in this regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law. Note: Section 131 of the Act preserves rights and privileges granted under other Acts. In addition, law enforcement officers have the right, under section 83 of the Act, to have access to any part of an airport for the purpose of carrying out their duties. 3.16C  Responsibility for ensuring security restricted areas at designated airports can only be entered by certain persons and vehicles   A responsible aviation industry participant for a security restricted area at a designated airport must ensure that the security restricted area can be entered only by:  (a) a person who is authorised to do so; or  (b) an entry exempt person; or  (c) a vehicle driven by a person mentioned in paragraph (a) or (b); or  (d) an exempt vehicle. 3.16D  Responsibility for controlling entry to security restricted areas at designated airports through access control points Entry of persons  (1) If an aviation industry participant controls an access control point into a security restricted area at a designated airport, the aviation industry participant must ensure that a person does not enter the security restricted area through the access control point unless:  (a) the aviation industry participant has performed checks in accordance with subregulations (3) and (5) to confirm the matters mentioned in subregulation (2); or  (b) the aviation industry participant, having performed reasonable checks in accordance with subregulation (5), reasonably believes that the person is an entry exempt person. Note: An aviation industry participant may control an access control point under a lease or other arrangement, even if the participant does not have a security program.  (2) For the purposes of paragraph (1)(a), the aviation industry participant must confirm the following matters:  (a) the person’s identity;  (b) that the person is authorised to enter the security restricted area;  (c) if the person is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area—that the person:  (ii) holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC.  (3) For the purposes of paragraph (1)(a):  (a) if the aviation industry participant is an airport operator, an aircraft operator or a RACA—the checks must be performed in accordance with the methods and procedures set out in the participant’s security program; and  (b) otherwise—the checks must either:  (i) include an employee of the participant inspecting a valid red ASIC, grey ASIC, VIC or TAC that is held by the person (if the person is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area); or  (ii) if the participant agrees in writing with a responsible aviation industry participant for the security restricted area to perform the checks in accordance with another method set out in the responsible aviation industry participant’s security program—be performed in accordance with that other method. Entry of vehicles  (4) If an aviation industry participant controls an access control point into a security restricted area at a designated airport, the aviation industry participant must ensure that a vehicle does not enter the security restricted area through the access control point unless:  (a) the aviation industry participant has performed checks to confirm the entry is in accordance with procedures set out in:  (i) if the aviation industry participant is an airport operator, an aircraft operator or a RACA—the participant’s security program; or  (ii) otherwise—the TSP of a responsible aviation industry participant for the area; or  (b) the aviation industry participant, having performed reasonable checks in accordance with subregulation (5), reasonably believes that the vehicle is an exempt vehicle. Where checks are to be performed  (5) For the purposes of subregulations (1) and (4), the checks must be performed at:  (a) the access control point; or  (b) a place in the vicinity of the access control point (whether outside or inside the security restricted area), but only if:  (i) the place is identified in a security program mentioned in whichever of subparagraph (4)(a)(i) or (ii) applies in relation to the aviation industry participant as a place where the checks may be performed; and  (ii) persons and vehicles are prevented from passing through the access control point without also passing through the place.  (b) the person controls an access control point into a security restricted area at a designated airport; and  (c) the persons fails to comply with a requirement in subregulation (1) or (4).  (a) if the person is an airport operator or an aircraft operator—200 penalty units; or  (b) if the person is an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or  (c) if the person is an accredited air cargo agent—50 penalty units. 3.16E  Responsibility for screening for security restricted areas at designated airports  (1) A responsible aviation industry participant (the responsible participant) that controls a security restricted area at a designated airport, or a part of such an area:  (a) must be able to undertake screening of any person who enters the area, or the part of the area, through an access control point; and  (b) must ensure the following:  (i) unless subparagraph (ii) applies—that a screening point operates for the area, or the part of the area, at all times during traffic periods at the airport;  (ii) if the Secretary has issued a notice under regulation 4.17 that is binding on the responsible participant under subregulation 4.17(3)—that a screening point operates for the area, or the part of the area, in accordance with any methods, techniques and equipment specified by the Secretary in the notice. Screening point to be operated by a screening authority and to screen only for weapons  (2) The responsible participant must ensure that a screening point operating for the purposes of paragraph (1)(b):  (a) is operated by a screening authority; and  (b) screens only for weapons. Location of screening points—general rule  (3) The responsible participant must ensure that a screening point operating for the purposes of paragraph (1)(b) is located:  (a) at each access control point into the area or the part of the area; or  (b) at a place in the vicinity of each of those access control points (whether outside or inside the security restricted area), but only if:  (i) the location of the place is set out in the responsible participant’s TSP as a place where screening will take place; and  (ii) persons and vehicles are prevented from passing through the access control point without also passing through the place. Location of screening points—screening inside the security restricted area  (a) the Secretary has issued a notice under regulation 4.17 that is binding on the responsible participant under subregulation 4.17(3); and  (b) the notice specifies methods, to be used for screening, that include screening points being located at places in the area, or in the part of the area, other than places mentioned in subregulation (3) of this regulation; then the responsible participant need only ensure that a screening point is operating for the purposes of paragraph (1)(b) of this regulation in the area, or the part of the area, in accordance with those methods. Goods, persons and vehicles that are to be screened  (5) The responsible participant must ensure that the following are screened at a screening point operating for the purposes of paragraph (1)(b):  (a) unless paragraph (b) of this subregulation applies—all goods, persons and vehicles, other than exempt goods, screening exempt persons or exempt vehicles;  (b) if the Secretary has issued a notice under regulation 4.17 that is binding on the participant under subregulation 4.17(3) and that specifies goods, persons or vehicles that must be screened at the screening point—the goods, persons or vehicles specified in the notice, other than exempt goods, screening exempt persons or exempt vehicles. Checks of persons and vehicles to be performed—screening inside the security restricted area  (6) If a screening point is operating as mentioned in subregulation (4), the responsible participant must ensure, for each person or vehicle screened, that the same checks that would be required to be performed under regulation 3.16D (if the person or vehicle were entering the area, or the part of the area, at an access control point controlled by the responsible participant) are performed at the screening point.  (a) the person is a responsible aviation industry participant for a security restricted area at a designated airport; and  (b) a requirement of this regulation applies in relation to the person; and  (c) the person fails to comply with the requirement. 3.16F  Offences relating to screening for security restricted areas at designated airports Entering security restricted area within 24 hours after refusing to be screened  (a) the person is at a screening point operating for the purposes of regulation 3.16E for a security restricted area at a designated airport; and  (b) the person is required, under the Act or these Regulations, to be screened at the screening point; and  (c) the person refuses to be screened at the screening point; and  (d) the person enters the security restricted area within 24 hours after the refusal. Screening authority not operating screening point for security restricted area  (a) the person is a screening authority responsible for operating a screening point for a security restricted area at a designated airport; and  (b) an aircraft operating a screened air service is at the airport; and  (c) at a particular time, it is a traffic period at the airport; and  (d) at that time, the screening authority does not have in place adequate measures to ensure that persons, goods or vehicles (other than screening exempt persons, exempt goods or exempt vehicles) that are required, under the Act or these Regulations, to be screened, do not enter or remain in the security restricted area without being screened at the screening point. 3.16G  Signs at boundaries of security restricted areas at designated airports  (a) the person is a responsible aviation industry participant for a security restricted area at a designated airport; and  (b) the person does not ensure that signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (2), are placed at the boundary of the security restricted area in such a way that anyone entering the security restricted area knows that it is a security restricted area.  (2) A sign required by paragraph (1)(b) must be in the following form:   | <br> | Commonwealth of Australia<br> <br>WARNING!<br> <br>Security restricted area<br> <br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br> <br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br> <br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | 3.16H  Airside security awareness training for security restricted areas at designated airports  (1) An aviation industry participant (the relevant participant) must ensure that each of the relevant participant’s regular employees completes airside security awareness training in accordance with this regulation if the relevant participant is:  (a) an airport operator of a designated airport; or  (b) an aircraft operator that carries on operations in a security restricted area at a designated airport; or  (c) a body corporate (other than a RACA, an AACA or a known consignor) that is a contractor who provides services to a person mentioned in paragraph (a) or (b). Meaning of regular employee  (2) An employee of the relevant participant is a regular employee at a particular time if the employee has, in the course of performing work for the relevant participant, entered a security restricted area at a designated airport on more than 28 days in the 12 months before that time. Note: Certain contractors are treated as employees of aviation industry participants (see the definition of employee in section 9 of the Act). Meaning of airside security awareness training  (3) Airside security awareness training is training in the following matters:  (a) the insider threat and how it relates to airside workers;  (b) security obligations and procedures for workers in security restricted areas;  (c) requirements about weapons and tools of trade;  (d) procedures for identifying and reporting airside security issues;  (e) the importance of a challenge culture. When airside security awareness training must be completed  (4) A regular employee of the relevant participant must complete airside security awareness training as follows:  (a) if the regular employee was an employee of the relevant participant just before the commencement of this regulation—within 24 months after that commencement;  (b) if the regular employee becomes an employee of the relevant participant at a time that is at or after the commencement of this regulation—within 3 months after that time;  (c) in any case—within 24 months after the regular employee last completed airside security awareness training as required by paragraph (a) or (b), or this paragraph.  (5) The relevant participant commits an offence if:  (a) a person enters a security restricted area at a designated airport; and  (b) the person is a regular employee of the relevant participant at the time of the entry; and  (c) the person enters the area in the course of performing duties for the relevant participant; and  (d) the person was required by subregulation (4) to have completed airside security awareness training within a particular period that has expired as at the time of entry; and  (e) the person did not complete the airside security awareness training between the start of that period and the time of entry. 3.16J  Record‑keeping requirements Number of persons and vehicles entering through access control point  (1) If an aviation industry participant (other than an airport operator) controls an access control point into a security restricted area at a designated airport, the participant must prepare and maintain records of reasonable estimates of the number of persons and vehicles entering the area through the access control point.  (2) The estimates may be based on representative samples if it is not practical for them to be prepared on any other basis.  (3) The aviation industry participant (the record‑keeper) must allow a responsible aviation industry participant (the responsible participant) for the security restricted area to inspect the records, if the responsible participant gives the record‑keeper reasonable notice. Compliance with screening notices  (4) A responsible aviation industry participant for a security restricted area at a designated airport must prepare and maintain records sufficient to demonstrate that it has complied, in relation to the security restricted area, with any notice issued by the Secretary under regulation 4.17 that is binding on the participant under subregulation 4.17(3). Completion of airside security awareness training  (5) An aviation industry participant (the relevant participant) that is subject to a requirement under regulation 3.16H must prepare and maintain records for each regular employee (within the meaning of that regulation) of the relevant participant sufficient to demonstrate that the regular employee has completed training in accordance with that regulation. Form of records  (6) A record may be prepared and maintained for the purposes of this regulation in written or electronic form. How long records must be kept  (7) An aviation industry participant must keep a record prepared by the participant for the purposes of this regulation until at least the end of the following period:  (a) for a record prepared for the purposes of subregulation (1)—6 months after the end of the period to which the record relates;  (b) for a record prepared for the purposes of subregulation (4)—2 years after the end of the period to which the record relates;  (c) for a record prepared for the purposes of subregulation (5)—2 years after the regular employee ceases to be a regular employee, or an employee, of the participant (whichever occurs first).  (8) An aviation industry participant commits an offence if:  (a) a requirement of this regulation applies in relation to the participant; and  (b) the participant fails to comply with the requirement. Subdivision 3.3.4—Offences relating to airside areas and zones of all security controlled airports 3.17  Offences relating to entry to airside areas and airside security zones of security controlled airports regulatory officer means a person who has authority, under the Act, these Regulations or another law, to enter the airside area or an airside security zone of a security controlled airport.  (2) A person (other than a regulatory officer) must not enter an airside area or an airside security zone of a security controlled airport without the permission of the responsible aviation industry participant.  (3) A person (other than a regulatory officer) must not stay in an airside area or an airside security zone of a security controlled airport after being asked by the responsible aviation industry participant to leave the area or zone.  (4) A person (other than a regulatory officer) must not take a vehicle into an airside area or an airside security zone of a security controlled airport without the permission of the responsible aviation industry participant.  (5) A person (other than a regulatory officer) must not leave a vehicle in an airside area or an airside security zone of a security controlled airport after being asked by the responsible aviation industry participant to remove the vehicle.  (6) To avoid doubt, nothing in this regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law. Note: Section 131 of the Act preserves rights and privileges granted under other Acts. In addition, law enforcement officers have the right, under section 83 of the Act, to have access to any part of an airport for the purpose of carrying out their duties. Subdivision 3.3.5—Emergency Access 3.18  Access by emergency personnel  (1) Nothing in this Division requires or authorises an aviation industry participant to prevent any of the following having access to any part of the airside area or any airside security zone of the airport:  (a) members of the Defence Force who are responding to an event or threat of unlawful interference with aviation;  (b) an employee, contractor or volunteer of an ambulance, rescue or fire service or a state or territory emergency service who is responding to an emergency in Australia or overseas;  (c) a person acting under the direction of a person mentioned in paragraph (b) during an emergency.  (2) A requirement of this Part to display an ASIC, VIC or TAC does not apply to a person referred to in paragraph (1)(a), (b) or (c). Division 3.4—Control of landside areas and zones—physical security 3.19  Definitions for Division responsible aviation industry participant, in relation to an area or a zone, means:  (a) in the case of an area or a zone that is covered by the TSP of an aviation industry participant—that aviation industry participant; or  (b) in any other case—the operator of the security controlled airport at which the area or zone is located. 3.20  Security requirements for sterile areas  (1) The physical security requirements for a landside security zone that is the sterile area of a security controlled airport are as set out in this regulation.  (2) This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.  (3) The responsible aviation industry participant for the sterile area must ensure that:  (a) at least 1 screening point is established and maintained; and  (b) the sterile area is enclosed in a barrier sufficient to prevent cleared persons in the sterile area coming into contact with persons who have not been cleared, and to prevent cleared persons getting access to anything from outside the sterile area that has not been cleared; and  (c) appropriate measures are taken to deter and detect unauthorised access to the sterile area; and  (d) a person who enters the sterile area through a screening point is screened and cleared unless the person is of a class that is permitted to pass through a screening point without being screened; and  (e) a person can enter the sterile area other than through a screening point only if he or she is of a class of persons permitted to do so under subregulation 4.09(3) or regulation 4.11 or 4.12A; and  (f) a vehicle that enters the sterile area is screened and cleared; and  (g) goods that enter the sterile area are screened and cleared; and  (h) a cleared vehicle is able to enter the sterile area only if it is authorised to do so and it is driven by a person who is authorised to enter the sterile area who:  (ii) properly displays a valid VIC or TAC and is supervised by somebody who properly displays a valid ASIC; and  (i) if the sterile area is not continuously used as a sterile area, the sterile area is inspected before it is so used; and  (j) signs at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), are placed at the barrier of the sterile area in such a way that anyone entering the sterile area knows that it is a sterile area.  (4) A sign required by paragraph (3)(j) must be in the following form:   | <br> | Commonwealth of Australia<br>WARNING!<br>Sterile area<br>Unauthorised possession of weapons or prohibited items prohibited<br>Maximum penalty exceeds $10 000<br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (5) The responsible aviation industry participant for the sterile area must ensure that the requirements of subregulation (3) are complied with in relation to the area.  (8) If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of paragraph (3)(h). 3.21  Security requirements for certain landside security zones  (1) The security requirements set out in this regulation apply to a landside security zone of any type other than a sterile area or a crowded landside zone.  (2) The responsible aviation industry participant for the zone must take precautions (for example, barriers, patrolling or surveillance), that are reasonably sufficient to ensure that:  (a) a person can enter the zone only if he or she is authorised to do so and:  (ii) properly displays a valid VIC or TAC and is supervised by someone authorised to enter the zone who properly displays a valid ASIC; and  (b) a vehicle can enter the zone only if it is authorised to do so, and is driven by a person who is authorised to enter the zone and:  (ii) properly displays a valid VIC or TAC and is supervised by someone authorised to enter the zone who properly displays a valid ASIC. Note: For properly displays, see regulation 1.04; for valid, see regulation 1.05.  (3) If the secure area of a security controlled airport from or to which no screened air service operates is entered, during a period that is not a traffic period for the airport, by a person, or a vehicle driven by a person, not displaying a valid ASIC, VIC or TAC, that entry does not constitute a contravention by the airport operator of subregulation (2). 3.21A  Security requirements for crowded landside zones  (1) This regulation begins to have effect in relation to a designated airport when the Secretary establishes a crowded landside zone for the airport.  (2) An airport operator commits an offence if:  (a) the Secretary has established a crowded landside zone for a designated airport; and  (b) the airport operator is responsible for the crowded landside zone at the designated airport; and  (c) the airport operator does not take measures to control crowding in the crowded landside zone. 3.22  Security requirements for fuel storage zones  (1) The additional physical security requirements for a fuel storage zone are as set out in this regulation.  (2) This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.  (a) the Secretary has established a fuel storage zone for an airport; and  (b) the person is the responsible aviation industry participant for the fuel storage zone at the airport; and  (i) the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is a fuel storage zone; or  (ii) the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.   | <br> | Commonwealth of Australia<br> <br>WARNING!<br> <br>Fuel storage zone<br> <br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br> <br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br> <br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | 3.23  Security requirements for air traffic control facilities zones  (1) The additional physical security requirements for an air traffic control facilities zone are as set out in this regulation.  (2) This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.  (a) the Secretary has established an air traffic control facilities zone for an airport; and  (b) the person is the responsible aviation industry participant for the air traffic control facilities zone at the airport; and  (i) the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is an air traffic control facilities zone; or  (ii) the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.   | <br> | Commonwealth of Australia<br> <br>WARNING!<br> <br>Air traffic control facilities zone<br> <br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br> <br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br> <br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | 3.24  Security requirements for navigational aids zones  (1) The additional physical security requirements for a navigational aids zone are as set out in this regulation.  (2) This regulation begins to have effect in relation to an airport when the Secretary establishes such a zone for the airport.  (a) the Secretary has established a navigational aids zone for an airport; and  (b) the person is the responsible aviation industry participant for the navigational aids zone at the airport; and  (i) the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with subregulation (4), at the boundary of the zone in such a way that anyone entering the zone knows that it is a navigational aids zone; or  (ii) the person does not display signs, at least 0.4 m wide by 0.3 m high, and otherwise complying with regulation 3.24A, at the boundary of the zone in such a way that anyone entering the zone knows that it is a landside security zone.   | <br> | Commonwealth of Australia<br> <br>WARNING!<br> <br>Navigational aids zone<br> <br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br> <br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br> <br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | 3.24A  Alternative requirements relating to signs for landside security zones   For the purposes of subparagraphs 3.22(3)(c)(ii), 3.23(3)(c)(ii) and 3.24(3)(c)(ii), the sign must be in the following form:   | <br> | Commonwealth of Australia<br> <br>WARNING!<br> <br>Landside security zone<br> <br>Unauthorised entry prohibited<br>Maximum penalty exceeds $5 000<br> <br>Unauthorised possession of weapons prohibited<br>Maximum penalty exceeds $10 000<br> <br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | 3.25  Offences relating to entry to landside security zones regulatory officer means a person who has authority, under the Act, these Regulations or another law, to enter the landside security zone of a security controlled airport.  (2) A person (other than a regulatory officer) must not enter a landside security zone (other than a crowded landside zone) of a security controlled airport without the permission of the responsible aviation industry participant.  (3) A person (other than a regulatory officer) must not stay in a landside security zone of a security controlled airport after being asked by the responsible aviation industry participant to leave the zone.  (4) A person (other than a regulatory officer) must not take a vehicle into a landside security zone (other than a crowded landside zone) of a security controlled airport without the permission of the responsible aviation industry participant.  (5) A person (other than a regulatory officer) must not leave a vehicle in a landside security zone of a security controlled airport after being asked by the responsible aviation industry participant to remove the vehicle.  (6) To avoid doubt, nothing in this regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law. Note: Section 131 of the Act preserves rights and privileges granted under other Acts. In addition, law enforcement officers have the right, under section 83 of the Act, to have access to any part of an airport for the purpose of carrying out their duties. 3.26  Access by emergency personnel  (1) Nothing in this Division requires or authorises an aviation industry participant to prevent any of the following having access to any part of the landside of the airport:  (a) members of the Defence Force who are responding to an event or threat of unlawful interference with aviation;  (b) an employee, contractor or volunteer of an ambulance, rescue or fire service, or a State or Territory emergency service, who is responding to an emergency in Australia or overseas;  (c) a person acting under the direction of a person mentioned in paragraph (b) during an emergency.  (2) A requirement of this Part to display an ASIC, VIC or TAC does not apply to a person referred to in paragraph (1)(a), (b) or (c). Division 3.5—Counter‑terrorist first response function 3.28  Definition—counter‑terrorist first response   For the purposes of this Division, counter‑terrorist first response means providing:  (a) deterrence measures designed to deny information to terrorists and deter acts of terrorism, and if an act is threatened or prospective, to deter or prevent it, being measures that vary in accordance with the threat, and include, but are not limited to, continuous patrolling within the airport by members of a counter‑terrorist first response force at all times when the airport is operational, with emphasis on, but not exclusively:  (i) within terminals; and  (ii) approaches to terminals; and  (iii) at barriers that separate the parts of the airport that are publicly accessible from airside areas, airside security zones and landside security zones of the airport in relation to movement of passengers to or from prescribed aircraft or loading and unloading of goods (including baggage and cargo) on a prescribed aircraft; and  (iv) in the areas of the airport where goods (including baggage and cargo) are handled by airline, RACA or airport staff at times when goods (including baggage and cargo) are being handled; and  (v) at locations in the airport that provide access by persons or vehicles to areas of the airport that are not publicly accessible; and  (vi) parts of the airport used for the surface movement of aircraft (except taxiways and runways) and adjacent parts of the airport; and  (b) a response capability that provides:  (i) an initial response capability for acts of terrorism:  (A) to evacuate endangered or potentially endangered persons; and  (B) if the act has occurred or is occurring, to contain it; and  (C) to cordon the location of the act; and  (ii) an initial response to other acts of unlawful interference with aviation; and  (iii) an initial response to other aviation security incidents to make a determination as to whether they are counter‑terrorist first response related; and  (iv) at least 2 members of a counter‑terrorist first response force to make a rapid response on the activation of an operational screening point duress alarm, or request to attend at an operational screening point for an international or domestic air service; and  (c) to transfer responsibility for command and control after completion of that response to the responsible law enforcement agency or agencies and to pass relevant information relating to a terrorist act to other government agencies, the airport operator and the aircraft operator to ensure that the airport and aircraft operators are able to meet their incident reporting obligations under the Act. 3.29  Provision of counter‑terrorist first response force  (1) The operator of a designated airport must enter into an agreement with a counter‑terrorist first response service provider, in accordance with this Division, for the provision of a counter‑terrorist first response force for the airport.  (2) The counter‑terrorist first response service provider is responsible for the implementation and operational delivery of the counter‑terrorist first response function.  (3) Nothing in this Division requires the service provider to give an airport operator or aircraft operator information the disclosure of which would constitute an offence under an Act or the law of a State or Territory. 3.30  Qualifications of members of counter‑terrorist first response force  (1) To be qualified to be a member of a counter‑terrorist first response force for a designated airport, a person must be:  (a) either:  (i) a member, special member, protective service officer or special protective service officer of the Australian Federal Police; or  (ii) a member of the police force of the State or Territory in which the airport is located; and  (b) authorised to bear firearms under the Commonwealth, State or Territory law applying at the airport; and  (c) trained to a proficient level in the use of firearms, other weapons and other techniques used in the exercise of counter‑terrorist first response; and  (d) trained to a level of competence in general airport procedures in relation to the movement of persons, aircraft, vehicles, other machinery and goods (including baggage and cargo) within an airport; and  (e) capable of responding promptly and effectively as a member of a counter‑terrorist first response force.  (2) To be qualified to be a member of a counter‑terrorist first response force at a designated airport, a person must have:  (a) under the laws of the Commonwealth, State or Territory in which the airport is located, powers of arrest and associated powers not less than the powers conferred by Part II of the Australian Federal Police Act 1979; and  (b) proficiency:  (i) in contributing to the collection and management of information of value to aviation security intelligence; and  (ii) in the appropriate application of such intelligence. 3.31  Dogs at certain airports   In the case of each of the following airports:  (a) Brisbane Airport;  (b) Melbourne Airport;  (c) Sydney Airport; the agreement required by regulation 3.29 must require the service provider to keep available at least 2 dogs that are trained to detect explosives, and a handler for each dog. Part 3A—Airside and Landside Special Event Zones Division 3A.1—Preliminary 3A.01  Definitions  (1) In this Part, an aviation industry participant is the airside special event zone manager in respect of a particular zone if:  (a) the aviation industry participant applied to the Secretary to establish an airside special event zone under regulation 3A.02 in respect of the particular zone; and  (b) the Secretary established the airside special event zone in respect of the zone.  (2) In this Part, an aviation industry participant is the landside special event zone manager in respect of a particular zone if:  (a) the aviation industry participant applied to the Secretary to establish a landside special event zone under regulation 3A.08 in respect of the particular zone; and  (b) the Secretary established the landside special event zone in respect of the zone. Division 3A.2—Airside special event zones Subdivision 3A.2.1—Application for an airside special event zone 3A.02  Application for an airside special event zone  (1) For section 133 of the Act, an aviation industry participant may apply in writing to the Secretary for the Secretary to establish an airside special event zone under section 31A of the Act.  (2) The application must contain the following information:  (a) the name and contact details of the aviation industry participant;  (aa) if the aviation industry participant is not the operator of the airport at which the airside special event zone is proposed to be established—details of the consultation undertaken by the aviation industry participant with the airport operator about the establishment of the proposed airside special event zone;  (b) a map showing the proposed airside special event zone including entry points into the zone and exit points out of the zone;  (c) a description of the proposed event to be held in the proposed airside special event zone;  (d) the period (or periods) during which the proposed airside special event zone will be in force;  (e) an estimate of the number of people who will attend the event to be held in the proposed airside special event zone including an explanation of how that estimate was calculated;  (f) a description of any security risks with respect to the event to be held in the proposed airside special event zone;  (g) an explanation of how the security risks were identified;  (h) details of the measures that the aviation industry participant will take to manage and mitigate security risks resulting from the event that will be held in the proposed airside special event zone. Note: If an aviation industry participant needs to revise or make alterations to its transport security program for the purposes of managing and mitigating security risks resulting from a proposed event to be held in a proposed airside special event zone, the aviation industry participant must request the Secretary’s approval, see sections 22 and 23A of the Act. 3A.03  Further information about applications  (1) The Secretary may request that the applicant provide the Secretary with further information about the application.  (2) The Secretary may refuse to consider the application until the applicant gives the Secretary the information. 3A.04  Notices   If:  (a) the Secretary gives the operator of a security controlled airport a notice establishing an airside special event zone under section 31A of the Act; and  (b) the airside special event zone manager is not the operator of the airport in which the event zone is established; the Secretary must provide the airside special event zone manager with a copy of the notice. Note: The notice establishing an airside special event zone includes a map of the airport showing the boundaries of the airside special event zone and specifies the period (or periods) during which the event zone is in force. Subdivision 3A.2.2—Requirements for airside special event zones 3A.05  Requirements for airside special event zones  (1) This regulation prescribes requirements for the purposes of section 36A of the Act in relation to airside special event zones.  (b) the person is the airside special event zone manager in respect of that zone; and  (c) the person fails to delineate the boundaries of that zone.  (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  (a) an airside special event zone is established within the airside area of an airport; and  (b) the person is the airside special event zone manager in respect of that zone; and  (c) the person fails to notify relevant aviation industry participants of either or both of the following:  (i) when the zone is in force;  (ii) when the zone ceases to be in force.  (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 relevant aviation industry participants, in relation to an airside special event zone, means aviation industry participants that are, or are likely to be, affected by the operation of the zone. Subdivision 3A.2.3—Offences relating to airside special event zones 3A.06  Offence if person moves out of airside special event zone  (1) For subsection 36A(3) of the Act, a person commits an offence if:  (b) the person is in the airside special event zone; and  (c) the person moves from the zone into any of the following:  (i) a part of a landside security zone (other than a crowded landside zone) that is outside a landside special event zone that is in force;  (ii) a part of an airside security zone that is outside an airside special event zone that is in force;  (iii) a part of an airside area that is outside an airside special event zone that is in force; and  (d) the person is not authorised by the Act or by these Regulations to enter the zone or area. 3A.07  Offence if airside special event zone manager allows unauthorised movement  (1) For subsection 36A(3) of the Act, a person commits an offence if:  (b) the person is the airside special event zone manager for the airside special event zone; and  (c) another person (the transient person) who is in the airside special event zone moves from the zone into any of the following:  (i) a part of a landside security zone (other than a crowded landside zone) that is outside a landside special event zone that is in force;  (ii) a part of an airside security zone that is outside an airside special event zone that is in force;  (iii) a part of the airside area that is outside an airside special event zone that is in force; and  (d) the transient person is not authorised by the Act or by these Regulations to enter the zone or area. Division 3A.3—Landside special event zones Subdivision 3A.3.1—Application for a landside special event zone 3A.08  Application for a landside special event zone  (1) For section 133 of the Act, an aviation industry participant may apply in writing to the Secretary for the Secretary to establish a landside special event zone under section 33A of the Act.  (2) The application must contain the following information:  (a) the name and contact details of the aviation industry participant;  (aa) if the aviation industry participant is not the operator of the airport at which the landside special event zone is proposed to be established—details of the consultation undertaken by the aviation industry participant with the airport operator about the establishment of the proposed landside special event zone;  (b) a map showing the proposed landside special event zone including entry points into the zone and exit points out of the zone;  (c) a description of the proposed event to be held in the proposed landside special event zone;  (d) the period (or periods) during which the proposed landside special event zone will be in force;  (e) an estimate of the number of people who will attend the event to be held in the proposed landside special event zone including an explanation of how that estimate was calculated;  (f) a description of any security risks with respect to the event to be held in the proposed landside special event zone;  (g) an explanation of how the security risks were identified;  (h) details of the measures that the aviation industry participant will take to manage and mitigate security risks resulting from the event that will be held in the proposed landside special event zone. Note: If an aviation industry participant needs to revise or make alterations to its transport security program for the purposes of managing and mitigating security risks resulting from a proposed event to be held in a proposed landside special event zone, the aviation industry participant must request the Secretary’s approval, see sections 22 and 23A of the Act. 3A.09  Further information about applications  (1) The Secretary may request that the applicant provide the Secretary with further information about the application.  (2) The Secretary may refuse to consider the application until the applicant gives the Secretary the information. 3A.10  Notices   If:  (a) the Secretary gives the operator of a security controlled airport a notice establishing a landside special event zone under section 33A of the Act; and  (b) the landside special event zone manager is not the operator of the airport in which the event zone is established; the Secretary must provide the landside special event zone manager with a copy of the notice. Note: The notice establishing a landside special event zone includes a map of the airport showing the boundaries of the landside special event zone and specifies the period (or periods) during which the event zone is in force. Subdivision 3A.3.2—Requirements for landside special event zones 3A.11  Requirements for landside special event zones  (1) This regulation prescribes requirements for the purposes of section 38A of the Act in relation to landside special event zones.  (b) the person is the landside special event zone manager in respect of that zone; and  (c) the person fails to delineate the boundaries of that zone.  (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  (a) a landside special event zone is established within the landside area of an airport; and  (b) the person is the landside special event zone manager in respect of that zone; and  (c) the person fails to notify relevant aviation industry participants of either or both of the following:  (i) when the zone is in force;  (ii) when the zone ceases to be in force.  (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 relevant aviation industry participants, in relation to a landside special event zone, means aviation industry participants that are, or are likely to be, affected by the operation of the zone. Subdivision 3A.3.3—Offences relating to landside special event zones 3A.12  Offence if person moves out of landside special event zone  (1) For subsection 38A(3) of the Act, a person commits an offence if:  (b) the person is in the landside special event zone; and  (c) the person moves from the zone into any of the following:  (i) an airside area that is outside an airside special event zone that is in force;  (ii) a part of a landside security zone (other than a crowded landside zone) that is outside a landside special event zone that is in force; and  (d) the person is not authorised by the Act or by these Regulations to enter the area or zone. 3A.13  Offence if landside special event zone manager allows unauthorised movement  (1) For subsection 38A(3) of the Act, a person commits an offence if:  (b) the person is the landside special event zone manager for the landside special event zone; and  (c) another person (the transient person) who is in the landside special event zone moves from the zone into any of the following:  (i) an airside area that is outside an airside special event zone that is in force;  (ii) a part of a landside security zone (other than a crowded landside zone) that is outside a landside special event zone that is in force; and  (d) the transient person is not authorised by the Act or by these Regulations to enter the area or zone. Part 4—Other security measures Division 4.1—Screening and clearing Subdivision 4.1.1—Screening and clearing generally 4.01  Definition—operational period operational period of an aircraft means:  (a) for a departing aircraft:  (i) if the aircraft is at a designated airport—the period beginning 2 hours before the aircraft’s scheduled departure time (or, if it is known in advance that its departure will be delayed, 2 hours before its re‑scheduled departure time) and ending 30 minutes after its actual departure time; or  (ii) if the aircraft is at any other security controlled airport—the period beginning 30 minutes before the aircraft’s scheduled departure time (or, if it is known in advance that its departure will be delayed, 30 minutes before its re‑scheduled departure time) and ending 30 minutes after its actual departure time; and  (b) for an arriving aircraft, the period beginning 30 minutes before its scheduled arrival time (or, if it is known in advance that its arrival will be delayed, 30 minutes before its re‑scheduled arrival time) and ending 30 minutes after its actual arrival time. 4.02  Meaning of screened air service  (2) An operation of an aircraft is a screened air service if:  (a) all of the following apply in relation to the operation:  (i) the operation is a regular public transport operation or an open charter operation;  (ii) the aircraft has a seating capacity of 40 or more persons;  (iii) the operation operates from a designated airport or a tier 1 or tier 2 security controlled airport; or  (b) all of the following apply in relation to the operation:  (i) the operation operates from a designated airport;  (ii) the aircraft departs from the same apron as an aircraft (the other aircraft) that is operating a screened air service to which paragraph (a) applies;  (iii) the aircraft is scheduled to depart within the operational period of the other aircraft.  (3) For subregulation (2): apron, for an airport, means an apron described in the document accompanying the TSP of an operator of a security controlled airport in accordance with subregulation 2.13(1B). 4.03  Specification of persons to carry out screening  (1) This regulation is made for paragraph 44(2)(a) of the Act.  (2) The Secretary may specify, by a written notice in accordance with subsection 44(3) of the Act, a person, or persons jointly, who are authorised or required to carry out screening at a security controlled airport or part of a security controlled airport.  (3) The Secretary must specify sufficient persons under subregulation (2) for an airport or part of an airport to ensure that at all times:  (a) there is at least 1 screening authority for the whole of the sterile area of the airport; and  (b) if 1 or more screening authorities are specified for part of the area, there is at least 1 screening authority for the remainder of the area. 4.03A  Persons passing screening point that uses body scanning equipment  (1) This regulation is made for paragraph 44(2)(aa) of the Act.  (2) This regulation applies if:  (a) a person who is required, under the Act or these Regulations, to be screened by body scanning equipment is at a screening point; and  (b) the person refuses to be screened by body scanning equipment at the screening point.  (3) A screening officer must not knowingly allow the person to pass through the screening point, within 24 hours after the person refuses to be scanned by body scanning equipment, unless the person is screened by body scanning equipment. 4.04  Things to be detected by screening  (1) This regulation is made for paragraph 44(2)(b) of the Act.  (2) The things that are to be detected by screening are:  (a) on a person, or in a person’s belongings, or in stores entering a sterile area—weapons and prohibited items; and  (b) in checked baggage—explosives; and  (c) on a person, in a vehicle, or in goods, in or entering a security restricted area at a designated airport—weapons.  (3) To avoid doubt, subregulation (2) does not oblige a screening authority to detect weapons, prohibited items or explosives if it is not technically possible to do so. Note 1: See Subdivision 4.1.1A for the requirements for screening for the detection of LAG products. Note 2: See Subdivision 4.1.1AB for the requirements for screening for the detection of powder and powder‑like substances. 4.05  Dealing with weapons detected during screening  (1) For paragraph 44(2)(c) of the Act, this regulation sets out how weapons detected during screening are to be dealt with.  (2) Subject to subregulation (3), a weapon detected during screening must be:  (a) surrendered to a screening authority; and  (b) stored and handled in accordance with subregulation 4.57(2).  (3) Subregulation (2) does not apply if:  (a) a weapon is detected by a screening authority for a particular screening area; and  (b) the weapon is in the possession of a person authorised under Division 4.2 to have the weapon:  (i) in his or her possession; and  (ii) in the screening area. Note: Division 4.2 deals with weapons, and the classes of persons authorised to possess weapons in secure areas. Regulation 4.52 authorises an aviation industry participant to have some types of weapon in an airside security zone if the weapon is a tool of trade controlled by the participant. 4.06  Dealing with prohibited items detected during screening  (1) For paragraph 44(2)(c) of the Act, this regulation sets out how prohibited items detected during screening are to be dealt with.  (2) Any prohibited item detected during screening must be stored and handled in accordance with any applicable Commonwealth, State or Territory law. 4.07  Use of hand‑held metal detectors  (1) This regulation is made for paragraph 44(2)(j) of the Act.  (2) A hand‑held metal detector must not be used for screening at a security controlled airport from which a screened air service does not operate unless its use is required by:  (a) written notice under subsection 44(3) of the Act; or  (b) a special security direction under section 67 of the Act.  (3) If a hand‑held metal detector is used as a screening tool in accordance with a requirement referred to in subregulation (2), it must be operated in accordance with the relevant direction.  (4) An airport operator must not use or purport to use a hand‑held metal detector as a screening device in contravention of subregulation (2) or (3). 4.08  Circumstances in which persons must be cleared in order to board aircraft  (1) This regulation is made for subparagraph 44(2)(d)(i) of the Act.  (2) A person must be cleared to board before boarding an aircraft if:  (a) the aircraft is to operate a screened air service; and  (b) the person is a passenger on, or a member of the crew of, the aircraft.  (3) However, subsection (2) does not apply if the person receives clearance to enter the aircraft other than through a screening point.  (4) For subregulation (2), a member of an aircraft’s crew is taken to continue to be cleared if he or she, since he or she was last screened, has continuously been:  (a) in the airside of an airport at which there is a sterile area (and if the sterile area is not continuously in operation, while the area was in operation); or  (b) in the sterile area of an airport; or  (c) on board an aircraft that operates a screened air service. Note: The following table summarises the requirements of these Regulations in relation to foreign aircrew and cabin crew, or the crew of a state aircraft.   | Class of person | Entry to aircraft | Entry to sterile area | Wearing of ASIC in secure area | Checked baggage screening (if otherwise applicable) | Baggage remaining on aircraft or overnighting | | --- | --- | --- | --- | --- | --- | | Crew of foreign aircraft | Screening required | Screening required | Not required, but company uniform and ID required | Screening required when baggage loaded | Screening not required | | Crew of state aircraft | Screening not required | Screening required | Not required | Screening not required | Screening not required | 4.09  Requirements for clearing  (1) This regulation is made for paragraph 44(1)(b) of the Act.  (2) A person must receive clearance before the person enters a sterile area.  (3) However, a person may enter a sterile area other than through a screening point, or by passing through a screening point without being screened, if:  (a) in the case of a person arriving at a designated airport or a tier 1 or tier 2 security controlled airport:  (i) the person is entering the area after disembarking from a screened air service; and  (ii) all persons on board the service received clearance to board at a designated airport or a tier 1 or tier 2 security controlled airport; or  (b) in the case of a person arriving at a tier 3 security controlled airport:  (i) the person is entering the area after disembarking from a screened air service; and  (ii) all persons on board the service received clearance to board at a designated airport or a tier 1, tier 2 or tier 3 security controlled airport. 4.10  Persons who may pass through screening point without being screened   For paragraph 41(2)(b) of the Act, the following persons may pass through a screening point without being screened:  (a) a law enforcement officer who is in uniform or who produces his or her identity card as a law enforcement officer;  (b) a screening officer who is engaged in the management of the screening point;  (c) an ambulance, rescue or fire service officer who is responding to an emergency on the landside of the airport;  (d) a member of the Defence Force who is responding to an event or threat of unlawful interference with aviation. 4.11  Persons who may enter certain cleared areas other than through screening point Persons who may enter sterile areas or LAGs cleared areas  (1) For paragraph 41(2)(c) of the Act, a person mentioned in subregulation (2) may enter an area that is a cleared area other than through a screening point if:  (a) for a sterile area within the cleared area—either of the following apply:  (i) he or she is authorised to do so and properly displays a valid ASIC;  (ii) he or she is authorised to do so, properly displays a valid VIC or TAC and is supervised by somebody who may enter the sterile area other than through a screening point and properly displays a valid ASIC; and  (b) for a LAGs cleared area within the cleared area—he or she does not have in his or her possession an impermissible LAG product or an impermissible powder.  (2) For subregulation (1), the persons are the following:  (a) an aviation security inspector;  (b) an officer of Customs;  (c) a screening officer;  (d) an employee of the operator of the airport in which the sterile area is located;  (e) an employee of the operator of a screened air service aircraft;  (f) a contractor, and an employee of a contractor, to the operator of the airport in which the sterile area is located who is engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who is otherwise authorised for access to the aircraft;  (g) a contractor, and an employee of a contractor, to the operator of a screened air service aircraft who is engaged in the loading of cargo, stores or checked baggage, or the boarding of passengers, onto a cleared aircraft that is operating a screened air service, or who is otherwise authorised for access to the aircraft. Additional persons who may enter sterile areas  (3) For paragraph 41(2)(c) of the Act, the following persons may enter a cleared area that is a sterile area other than through a screening point:  (a) an ambulance, rescue or fire service officer who is responding to an emergency;  (b) a member of the Defence Force who is responding to an event or threat of unlawful interference with aviation;  (c) an air security officer;  (d) a law enforcement officer who is in uniform or who produces his or her identity card as a law enforcement officer. Interpretation  (4) For paragraph (1)(b), an impermissible LAG product, for a person, is a LAG product that is not:  (a) in a LAGs bag that contains only LAG products that are in LAGs containers and either of the following subparagraphs apply:  (i) the LAGs bag is sealed and is the only LAGs bag in the person’s possession;  (ii) the LAG products are needed for the use or care of the person because of an infirmity; or  (b) a tool of trade for the person.  (4A) For the purposes of paragraph (1)(b), a person has an impermissible powder in the person’s possession if:  (a) the person has an inorganic powder in the person’s possession; and  (b) none of the following apply:  (i) the inorganic powder is in one or more containers that have a total combined volume of 350ml or less;  (ii) the inorganic powder is needed for the use or care of the person because of an infirmity;  (iii) the inorganic powder is a tool of trade for the person.  (5) For the purposes of paragraph (4)(b) and subparagraph (4A)(b)(iii), something is a tool of trade for a person if:  (a) the person requires it for the purpose for which he or she is in the sterile area; and 4.12  Foreign dignitaries receiving clearance at screening point without being screened  (1) For paragraph 41(2)(b) of the Act, any of the following persons may pass through a screening point without being screened:  (a) a Head of State of a country recognised by Australia and members of his or her immediate family;  (b) a Head of the government of a country recognised by Australia and members of his or her immediate family;  (c) a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.  (2) For paragraph 42(2)(b) of the Act, carry‑on baggage of a person mentioned in subregulation (1) may pass through a screening point with the person without being screened. Note: The Secretary may also provide for clearance by written notice under subsection 41(2) of the Act. 4.12A  Foreign dignitaries receiving clearance other than through a screening point  (1) For paragraph 41(2)(c) of the Act, any of the persons mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point if the person is accompanied by:  (a) a member of the Australian Federal Police who meets the requirements of paragraph 4.11(3)(d); or  (b) an officer of Customs who meets the requirements of subregulation 4.11(1).  (2) The persons are as follows:  (a) a Head of State of a country recognised by Australia and members of his or her immediate family;  (b) a Head of the government of a country recognised by Australia and members of his or her immediate family;  (c) a Minister responsible for foreign affairs of the government of a country recognised by Australia and members of his or her immediate family.  (3) For paragraph 42(2)(c) of the Act, carry‑on baggage of a person mentioned in subregulation (2) may enter a cleared area, a cleared zone or a cleared aircraft with the person other than through a screening point. Note: The Secretary may also provide for clearance by written notice under subsection 41(2) of the Act. 4.12B  Circumstances in which persons are taken to be in a cleared area or cleared zone   For the purposes of subsection 41(4) of the Act, the following supervision and control is prescribed for a person (the cleared person), who has received clearance but is not in a cleared area or cleared zone for a period of time, to be taken to be in such an area or zone during that period:  (a) the cleared person must, at all times during the period, be contained in an area that is exempt from being cleared or on a vehicle that is cleared or exempt from being cleared;  (b) the cleared person must, at all times during the period, be under the supervision of a person (the supervisor) who holds a valid red ASIC;  (c) the supervisor must ensure that the person does not, during the period, come into contact with persons or goods that have not been cleared. 4.13  Certain inbound international transit passengers—screening of passengers and their carry‑on baggage  (1) Subject to subregulation (2), this regulation applies in relation to an aircraft that is operating an inbound international air service if:  (a) the service is a screened air service; and  (b) the aircraft lands in Australia, having flown directly from a foreign country; and  (c) the place of the landing is not the aircraft’s final destination; unless:  (d) no passengers disembark from, or board, the aircraft at the place of the landing referred to in paragraph (b); and  (e) every passenger was screened at the place where he or she boarded the aircraft.  (2) This regulation does not apply if the landing is an unscheduled stop and no passenger boards the aircraft.  (3) Subject to subregulation (7) and regulation 4.13A, every passenger must disembark from the aircraft with his or her carry‑on baggage.  (4) The aircraft operator must ensure that before any passenger re‑boards the aircraft, the aircraft is inspected.  (5) The inspection must include at least a thorough inspection of:  (a) the interior of the aircraft, including the passenger cabin, seats, overhead baggage lockers, toilets, crew rest stations, catering and food preparation areas, flight crew compartment, and any other technical areas such as the flight deck; and  (b) any unlocked storage facilities in the parts of the aircraft mentioned in paragraph (a).  (6) Each passenger, and each passenger’s carry‑on baggage, must be cleared before the aircraft departs.  (7) If a passenger has a disability that would make disembarking and re‑boarding difficult for him or her, the aircraft operator may arrange to have him or her and his or her carry‑on baggage screened in his or her seat.  (8) If subregulation (3), (4), (5) or (6) is not complied with in relation to an aircraft mentioned in subregulation (1), the aircraft’s operator is guilty of an offence.  (9) An offence against subregulation (8) is an offence of strict liability. 4.13A  Transit passengers may leave LAG items on board certain flights permitted item means an item that:  (a) is a LAG product that is in a container that has a capacity of more than 100 ml; and  (b) is purchased by a passenger at an airport retail outlet; and  (c) is in a sealed plastic bag with proof of purchase by the passenger affixed to the bag, or enclosed in the bag, so that proof of purchase is visible; and  (d) has undergone security screening at the airport before being taken on board an aircraft.  (2) Despite subregulation 4.13(3), a passenger may leave a LAG product on board an aircraft operating an inbound international air service in the circumstances set out in subregulation (3).  (3) For subregulation (2), the circumstances are that:  (a) if the aircraft makes a scheduled transit stop in Australia or outside Australia as part of its journey to its final destination in Australia—all the following apply;  (i) the service is approved by the Secretary;  (ii) the LAG product to be left on board is a permitted item or an exempt duty free item;  (iii) the Secretary has, in the approval under subparagraph (i) or otherwise, also approved the LAG product to remain on board the aircraft; or  (b) if the aircraft makes an unscheduled stop in Australia or outside Australia as a result of an emergency or other technical safety problem during its journey to its final destination in Australia—all the following apply:  (i) the service is approved by the Secretary;  (ii) the LAG product to be left on board is a permitted item or an exempt duty free item;  (iii) the Secretary has, in the approval under subparagraph (i) or otherwise, also approved the LAG product to remain on board the aircraft;  (iv) the passengers disembark from the aircraft in order to allow the emergency or problem to be rectified;  (v) all the passengers board the aircraft after the emergency or problem is rectified and no new passengers board the aircraft.  (4) The Secretary may, by written notice:  (a) approve an inbound international service for subparagraphs (3)(a)(i) and (3)(b)(i); and  (b) approve, for subparagraphs (3)(a)(iii) and (3)(b)(iii), a LAG product that is a permitted item or an exempt duty free item to remain on the board the aircraft operating the service. 4.14  Circumstances in which goods must be cleared before being taken on to an aircraft regular provider, for stores of a particular kind, means a person that has established an arrangement, recorded in writing, with an aircraft operator for the supply of stores of that kind.  (2) An item of stores that is provided by a regular provider of items of that kind may enter a cleared area, a cleared zone or a cleared aircraft otherwise than through a screening point.  (3) To avoid doubt, an item of stores that is not provided by a regular provider of similar items must be cleared before it is taken onto a cleared aircraft or into a landside security zone (other than a crowded landside zone).  (4) The operator of a screened air service must ensure that stores are not accessible to unauthorised persons:  (a) in the case of an item that is provided by a regular provider of similar items—from the time the item is accepted from the provider or the provider’s agent by the operator; or  (b) in the case of any other item of stores—from the time it is cleared; until the start of the screened air service for which it is taken on board the aircraft.  (5) For each item of stores loaded onto an aircraft that operates a screened air service, the aircraft operator must keep, until the end of the air service, a record of the provider of the item. 4.15  When carry‑on baggage must be cleared   Carry‑on baggage (including carry‑on baggage belonging to an aircraft’s flight crew) must be cleared before being taken on to an aircraft if the aircraft is to operate a screened air service. Note: The carry‑on baggage of foreign dignitaries may receive clearance under subregulation 4.12(2) or 4.12A(3). 4.16  Circumstances in which vehicles must be cleared in order to be taken onto aircraft   A vehicle that is to be loaded onto an aircraft that is to operate a screened air service is to be treated as cargo. 4.17  Secretary’s notice for screening  (1) The Secretary may, by written notice, specify the following:  (a) methods, techniques and equipment to be used for screening;  (b) the persons who, or things that, must not pass through a screening point.  (2) A notice under subregulation (1) may specify that it is to be given only to a person or persons responsible for carrying out the relevant screening.  (3) A notice under subregulation (1) is binding on a person if and only if it has been served on the person.  (4) A person must comply with a notice under subregulation (1) that is binding on him or her.  (5) If a person is served with a notice under subregulation (1) that is binding on the person, the person must ensure that:  (a) a person or thing specified in a notice made under paragraph (1)(a) is screened, in a circumstance specified in the notice, by using the following:  (i) the methods specified in the notice for the person, thing or circumstance;  (ii) the techniques specified in the notice for the person, thing or circumstance;  (iii) the equipment specified in the notice for the person, thing or circumstance; and  (b) a person or thing specified in a notice made under paragraph (1)(b) does not pass through a screening point.  (6) A contravention of subregulation (4) or (5) is an offence of strict liability. 4.17A  Secretary’s requirements for screening using certain types of equipment  (1) This regulation applies in relation to a screening authority that is responsible for operating a screening point through which persons enter a sterile area of a security controlled airport.  (2) The Secretary may, by written notice given to the screening authority, specify requirements relating to screening that is carried out at the screening point using any of the following equipment:  (a) x‑ray equipment fitted with threat image projection software;  (b) a walk‑through metal detector;  (c) body scanning equipment;  (d) explosive trace detection equipment.  (3) Without limiting subregulation (2), requirements specified under that subregulation may include:  (a) a requirement that the screening authority use specified performance measures in relation to the screening; or  (b) a performance target that must be met in relation to the screening.  (4) In considering whether to specify a requirement under subregulation (2), the Secretary may have regard to any of the following:  (a) Australia’s international obligations relating to aviation security;  (b) aviation security intelligence;  (c) aviation security information;  (d) the findings or recommendations of any audit or other investigation relating to screening at one or more security controlled airports;  (e) the number of persons likely to pass through the screening point while the requirement is in force;  (f) the information that can be recorded by the equipment used for the screening;  (g) any other matter the Secretary considers relevant.  (5) A notice given under subregulation (2) may be combined with a notice issued under regulation 4.17.  (6) A person commits an offence of strict liability if:  (a) the person is the screening authority that is responsible for operating the screening point; and  (b) the Secretary gives the person a notice under subregulation (2) that specifies a requirement relating to screening carried out at the screening point using specified equipment; and  (c) screening is carried out at the screening point using that equipment; and  (d) the requirement specified in the notice is not complied with in relation to the screening. Penalty for contravention of this subregulation: 100 penalty units. 4.18  Signs to be displayed at places of screening of passengers and carry‑on baggage  (1) A sign, at least 0.4 m wide and 0.3 m high, is to be displayed at a place where screening is carried out (other than for a security restricted area at a designated airport), in the following form or in the form required by regulation 4.18B:   | <br> | Commonwealth of Australia<br>WARNING!<br>Screening point in operation<br>Weapons and prohibited items must not be taken past this point without authority<br>Maximum penalty exceeds $10 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (1A) A sign, at least 0.4 m wide and 0.3 m high, is to be displayed at a place where screening is carried out for a security restricted area at a designated airport, in the following form or in the form required by regulation 4.18B:   | <br> | Commonwealth of Australia<br>WARNING!<br>Screening point in operation<br>Weapons must not be taken past this point without authority<br>Maximum penalty exceeds $10 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (2) If a sign in accordance with whichever of subregulation (1) or (1A) is applicable is not visibly displayed at an operating screening point, the screening authority responsible for operating the screening point is guilty of an offence. 4.18A  Signs to be displayed at operating screening point  (1) The screening authority responsible for operating a screening point must clearly display a sign, that is at least 0.4 m wide and 0.3 m high, in the following form, or in the form required by regulation 4.18B, at each place where screening is carried out (other than for a security restricted area at a designated airport):   | <br> | Commonwealth of Australia<br>WARNING!<br>Screening point in operation<br>A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point.<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (1A) The screening authority responsible for operating a screening point must clearly display a sign, that is at least 0.4 m wide and 0.3 m high, in the following form, or in the form required by regulation 4.18B, at each place where screening is carried out for a security restricted area at a designated airport:   | <br> | Commonwealth of Australia<br>WARNING!<br>Screening point in operation<br>A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed in the security restricted area for a period of 24 hours.<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (2) If the screening authority fails to comply with subregulation (1) or (1A), the screening authority commits an offence. 4.18B  Alternative requirements relating to signs for screening points  (1) For the purposes of subregulations 4.18(1) and 4.18A(1), the required form of the sign is:  (a) if the place where screening is carried out is also a LAGs screening point—the form set out in subregulation 4.22QL(2); or  (b) if the place where screening is carried out is not a LAGs screening point—the following form:   | <br> | Commonwealth of Australia<br>WARNING!<br> <br>Screening point in operation<br>A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point<br>Weapons and prohibited items must not be taken past this point without authority<br> <br>Maximum penalty exceeds $10 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (2) For the purposes of subregulations 4.18(1A) and 4.18A(1A), the required form of the sign is:   | <br> | Commonwealth of Australia<br>WARNING!<br> <br>Screening point in operation<br>A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed in the security restricted area for a period of 24 hours.<br>Weapons must not be taken past this point without authority<br> <br>Maximum penalty exceeds $10 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | 4.19  Supervision etc of baggage  (1) The operator of a prescribed aircraft must ensure that checked baggage is not accessible to an unauthorised person between the time it is checked in and the time it is made available (for example, by being placed on a baggage carousel) for collection at the end of the prescribed air service. Note: For requirements for the control and supervision of baggage that is screened and cleared before it is checked in, see regulation 4.24.  (2) If the operator of a prescribed aircraft knows that a passenger’s baggage contains a firearm, the aircraft operator must take reasonable precautions to ensure that the baggage is not retrieved by any person other than the passenger. 4.20  Unaccompanied baggage   For the purposes of screening and clearing, unaccompanied baggage is to be treated as cargo. 4.21  Control etc of baggage loading  (1) There must be attached, to each item of checked baggage that is carried on board an aircraft that is operating a domestic or international regular public transport operation or domestic or international open charter operation, a tag that:  (a) identifies the relevant flight of the aircraft; or  (b) if the item is carried on board the aircraft in the circumstances mentioned in paragraph (6)(d)—identifies the original flight referred to in paragraph 4.21B(b).  (2) The tag must be attached to the item before the start of the flight referred to in paragraph (1)(a).  (3) Before the start of the flight, a record must be created for each such item that is carried on board the aircraft, and the record must be kept until at least 2 days after the end of the flight.  (4) The record must:  (a) identify the passenger who checked in the item; and  (b) record the number of the flight for which the passenger was checked in; and  (c) match the item to a passenger on board the aircraft, or specify the circumstances of its carriage if the person who checked in the item is not on board the aircraft when it departs.  (5) The operator of a prescribed air service commits an offence if any of subregulations (1) to (4) are not complied with in respect of every item of checked baggage that is carried on an aircraft that is operating the prescribed air service.  (6) The operator of a prescribed air service commits an offence if, before an aircraft (the departing aircraft) that is operating the prescribed air service departs, every item of checked baggage that is carried on board the departing aircraft is not matched to:  (a) a passenger who is on board the departing aircraft; or  (b) a passenger who was properly checked in for a flight of an aircraft that has departed; or  (c) a passenger who does not re‑board, or remain on board, the departing aircraft following diversion of the flight of the aircraft from its scheduled destination to an alternative destination in a circumstance specified in regulation 4.21A; or  (d) a passenger who is not on board the departing aircraft in the circumstances specified in regulation 4.21B.  (7) The operator of a prescribed air service commits an offence if, before an aircraft that is operating the prescribed air service departs, every item of checked baggage that cannot be matched to a passenger in accordance with subregulation (6) is not removed from the aircraft. 4.21A  Circumstances relating to diversion of flights  (1) For paragraph 4.21(6)(c), each of the following paragraphs specifies a circumstance for the diversion of a flight of an aircraft from its scheduled destination to an alternative destination:  (a) the pilot in command of the aircraft was required to divert the aircraft because of:  (i) the meteorological conditions at the scheduled destination or on the way to the scheduled destination; or  (ii) an emergency or other event at the scheduled destination that made the scheduled destination unsuitable for landing of the aircraft; or  (iii) curfew restrictions at the scheduled destination; or  (iv) concerns about the aircraft’s remaining fuel supply; or  (v) a malfunction of the aircraft, or aircraft equipment; or  (vi) an instruction or direction given by air traffic control, CASA or the Secretary;  (i) the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);  (ii) an item of checked baggage on board the aircraft is matched to a passenger who does not re‑board, or remain on board, the aircraft following the diversion;  (iii) before the aircraft departs from the alternative destination, the Secretary gives an approval for the item of checked baggage to remain on board the aircraft when it departs from the alternative destination;  (c) all of the following apply:  (i) the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);  (ii) an item of checked baggage on board the aircraft is matched to a passenger who does not re‑board, or remain on board, the aircraft following the diversion;  (iii) the alternative destination does not have appropriate equipment for unloading that kind of aircraft.  (2) The Secretary may give an approval under subparagraph (1)(b)(iii) if the Secretary is satisfied that the approval will not adversely affect the safety or security of the aircraft.  (3) If an approval under subparagraph (1)(b)(iii) is not given in writing, the Secretary must make a written record of the approval as soon as practicable after giving the approval.  (4) The record must include:  (a) the date and time the approval was given; and  (b) the reasons for giving the approval. 4.21B  Circumstances relating to disruption of flights   For paragraph 4.21(6)(d), the circumstances are that the passenger is not on board the departing aircraft and each of the following applies:  (a) the departing aircraft is operating a domestic air service;  (b) the passenger was properly checked in for a flight on a different air service (the original flight);  (c) the passenger was unable to travel on the original flight due to the disruption of that flight by events outside the passenger’s control. 4.22  Clearance of checked baggage removed from prescribed air service aircraft   If checked baggage is removed, for any reason other than an operational requirement, from an aircraft that is operating a prescribed air service, it must be cleared before it is re‑loaded on board such an aircraft. Subdivision 4.1.1A—Liquid, aerosol and gel products 4.22A  Definitions exempt person means:  (a) a person who is cleared to pass through a screening point without being screened; or  (b) a representative of the screening authority who is lawfully testing the screening system; or  (c) an aviation security inspector who is on duty and requires a LAG product in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system. Note: For the meaning of cleared, see paragraph 41(2)(b) and subsection 41(3) of the Act. See also regulation 4.10. 4.22B  Meaning of exempt LAG item   A LAG product (including a duty free item or an item supplied by the aircraft operator) is an exempt LAG item, if:  (a) the LAG product is in the possession of a passenger travelling on an aircraft that is operating an inbound international air service to Australia from an airport in an exempt country; and  (b) the passenger passed through a screening point for international passengers at the airport in the exempt country before boarding the aircraft; and  (c) the passenger obtained the LAG product after he or she passed through the screening point and before he or she boarded the aircraft; and  (d) the passenger did not disembark and reboard the aircraft in a non‑exempt country during the international air service, unless the passenger did so as the result of an unscheduled stop. 4.22C  Meaning of LAG product  (1) Subject to subregulations (1A) to (5) a LAG product means any of the following things:  (a) a substance that is a liquid when at room temperature;  (b) an aerosol;  (c) a gel;  (d) a cream;  (e) a paste.  (1A) Goods are not LAG products if they are covered by a notice given by the Secretary under paragraph 42(2)(c) of the Act. Note: If the Secretary gives a notice covering goods under paragraph 42(2)(c) of the Act, the goods receive clearance for the purposes of the Act and these Regulations.  (2) The following things, in relation to a person travelling on an international air service, are not LAG products:  (a) if the person is an infant or toddler—a baby product that is in a quantity that is reasonable having regard to the duration of the flight;  (b) a medical product for the person;  (c) a therapeutic product for the person in a quantity that is reasonable having regard to the duration of the flight;  (d) the contents of a bag being used to manage a medical condition of the person (such as a colostomy bag);  (e) biological tissues, blood products, blood cultures, samples and substances used for medical research or reproductive health;  (f) material or containers that are required to maintain the temperature, quality or integrity of something mentioned in paragraphs (a) to (e).  (2A) The following things, in relation to a person authorised to enter a LAGs cleared area other than through a screening point, are not LAG products:  (a) a medical product for the person;  (b) a therapeutic product for the person in a quantity that is reasonable having regard to the length of time that he or she will be in the LAGs cleared area;  (c) the contents of a bag being used to manage a medical condition of the person (such as a colostomy bag);  (d) material or containers that are required to maintain the temperature, quality or integrity of something mentioned in paragraphs (a) to (c).  (3) A thing mentioned in subregulation (1) that is taken through a LAGs screening point by a person is not a LAG product if:  (a) the thing is to be used by the person in the course of, or for the purposes of, carrying on a business in a landside security zone; and  (b) the thing is not for the personal use of the person.  (4) A thing mentioned in subregulation (1) that is taken through a LAGs screening point is not a LAG product if:  (a) the thing is taken by a person specified in an item in column 2 of the table in regulation 4.62; and  (b) the thing is a tool of trade for that person.  (5) A thing mentioned in subregulation (1) that is taken through a LAGs screening point is taken not to be a LAG product if the thing is the subject of a notice by the Secretary under subregulation 4.22Q(1). 4.22D  Offence—not establishing LAGs screening point   For paragraph 44(2)(a) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:  (b) the screening authority does not establish a LAGs screening point at the airport, or area of the airport. 4.22E  Offence—operator of inbound flight from exempt country  (1) For paragraph 44(2)(a) of the Act, the operator of an aircraft that is operating an inbound international air service commits an offence if:  (a) the aircraft is flying to Australia from an airport in an exempt country; and  (b) the aircraft operator does not put in place appropriate procedures to ensure that passengers on the aircraft do not have a LAG product in their possession, at the relevant times, unless the LAG product is:  (i) in a LAGs container that is in a sealed LAGs bag; or  (ii) an exempt LAG item; or  (iii) a LAG product that was supplied to the passenger by the aircraft operator during the flight; or  (iv) a permitted item. passenger does not include:  (a) a person who is exempt from screening requirements under regulation 4.12; or  (b) a member of the crew of the aircraft. relevant times, in relation to an aircraft, means:  (a) the time the aircraft departs from its last point of departure before it reaches Australia; and  (b) the time the aircraft arrives in Australia. 4.22F  Offence—operator of inbound flight from non‑exempt country  (1) For paragraph 44(2)(a) of the Act, the operator of an aircraft that is operating an inbound international air service commits an offence if:  (a) the aircraft is flying to Australia from an airport in a non‑exempt country; and  (b) the aircraft operator does not put in place appropriate procedures to ensure that passengers on the aircraft do not have a LAG product in their possession, during the relevant times, unless the LAG product is:  (i) in a LAGs container that is in a sealed LAGs bag; or  (ii) an exempt duty free item; or  (iii) a LAG product that was supplied to the passenger by the aircraft operator during the flight; or  (iv) a permitted item. passenger does not include:  (a) a person who is exempt from screening requirements under regulation 4.12; or  (b) a member of the crew of the aircraft. relevant times, in relation to an aircraft, means:  (a) the time the aircraft departs from its last point of departure before it reaches Australia; and  (b) the time the aircraft arrives in Australia. 4.22G  Offence—LAG product passing through LAGs screening point  (1) For paragraph 44(2)(aa) of the Act, a person commits an offence if:  (c) the person has a LAG product in his or her possession; and  (d) the LAG product is not in a LAGs container that is in a sealed LAGs bag. 4.22H  Offence—more than 1 LAGs bag  (1) For paragraph 44(2)(aa) of the Act, a person commits an offence if:  (c) the person has, in his or her possession, more than 1 sealed LAGs bag that contains LAG products that are in LAGs containers, unless the second or subsequent bags are care bags. care bag, in relation to a person, means 1 LAGs bag containing LAG products that are in LAGs containers for use by, or for the care of, an infirm person or child who the person is accompanying through a LAGs screening point. 4.22HA  Offence—entering LAGs cleared area other than through screening point with impermissible LAG product  (1) For subparagraph 44(2)(d)(ii) of the Act, a person commits an offence if:  (a) the person enters a LAGs cleared area other than through a screening point; and  (aa) the person is not an exempt person; and  (b) when entering the LAGs cleared area, the person has in his or her possession a LAG product; and  (c) the LAG product is an impermissible LAG product within the meaning of subregulation 4.11(4). 4.22I  Things to be detected by screening  (1) For paragraph 44(2)(b) of the Act, LAG products are things that are to be detected at a LAGs screening point. Note: Regulations 4.04 and 4.22QE set out other things that are to be detected by screening under these Regulations.  (2) To avoid doubt, subregulation (1) does not require a screening authority to detect LAG products if it is not technically possible to do so. Note 1: Regulation 4.08 sets out when a person must be cleared before boarding an aircraft. Note 2: Regulation 4.15 deals with when a person’s carry‑on baggage must be cleared. 4.22J  Offence—dealing with LAG product surrendered during screening  (1) For paragraph 44(2)(c) of the Act, a screening authority must put in place procedures for the handling and destruction of LAG products surrendered as a result of screening.  (2) A screening authority commits an offence if:  (a) the screening authority puts in place procedures for the handling and destruction of LAG products surrendered as a result of screening; and  (b) the procedures are not in accordance with any applicable law in the place where screening occurs.  (3) A screening authority commits an offence if:  (a) a LAG product is surrendered during screening; and  (b) the LAG product is not handled and destroyed in accordance with the procedures put in place under this regulation. 4.22K  Offence—preventing destruction of surrendered LAG products   For paragraph 44(2)(c) of the Act, a person commits an offence if:  (a) a screening authority has put in place procedures for the destruction of LAG products; and  (b) a LAG product has been surrendered to the screening authority as a result of screening; and  (c) the person prevents the destruction of the LAG product. 4.22L  Offence—not screening passengers before boarding   For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:  (c) the screening authority does not put in place reasonable measures to ensure that persons who pass through the LAGs screening point, to enter a LAGs cleared area, are screened at the screening point. 4.22M  Offence—not preventing entry to LAGs cleared area  (1) For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:  (b) the screening authority does not put in place reasonable measures to ensure that a person does not enter a LAGs cleared area without being cleared, unless the person:  (i) is an exempt person; or  (ii) if the airport is an airport in which the sterile area is the same as the LAGs cleared area—is a person permitted under regulation 4.11 to enter a sterile area other than through a LAGs screening point; or  (iii) has entered the sterile area from an airside area of the airport after disembarking from a LAGs screened air service. LAGs screened air service means an air service operated by an aircraft that:  (a) departed from a place inside Australia; and  (b) only carried passengers that were screened for LAG products before boarding the service. 4.22N  Offence—not screening for LAG products   For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:  (c) the screening authority does not put in place appropriate procedures to ensure that a person does not carry a LAG product through the LAGs screening point unless:  (i) the person is an exempt person; or  (ii) the LAG product is in a LAGs container that is in a sealed LAGs bag. 4.22O  Offence—not screening for more than 1 LAGs bag  (1) For paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:  (c) the screening authority does not put in place appropriate procedures to ensure that a person does not carry more than 1 sealed LAGs bag that contains LAG products in LAGs containers through the LAGs screening point, unless the second or subsequent bags are care bags. care bag, in relation to a person, means 1 LAGs bag containing LAG products that are in LAGs containers for use by, or for the care of, an infirm person or child who the person is accompanying through a LAGs screening point. 4.22Q  Notices by the Secretary—LAG products  (1) For the purposes of paragraph 44(2)(aa) of the Act, and in accordance with subsection 44(3) of the Act, the Secretary may by written notice provide that a thing, or a class of things, that would, except for this regulation, be a LAG product is taken not to be a LAG product.  (2) For the purposes of paragraph 44(2)(aa) of the Act, and in accordance with subsection 44(3) of the Act, the Secretary may by written notice provide that a thing or a class of things, that is not a LAG product under these Regulations, is taken to be a LAG product.  (3) A notice under subregulation (1) or (2) may apply to a thing, or to a class of things, that is carried by a particular person, or class of persons, or that is taken on to a particular flight. Subdivision 4.1.1AB—Powder and powder‑like substances 4.22QA  Definitions exempt person means:  (a) a person who is cleared to pass through a screening point without being screened; or  (b) a representative of the screening authority who is lawfully testing the screening system; or  (c) an aviation security inspector who is on duty and requires an inorganic powder in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system. Note: For the meaning of cleared, see paragraph 41(2)(b) and subsection 41(3) of the Act. See also regulation 4.10. 4.22QB  Meaning of authorised powder  (1) A powder is an authorised powder if it is an organic powder or powder‑like substance. Note: Examples of an organic powder include flour, sugar and spice.  (2) A powder is also an authorised powder if it is an inorganic powder and any of subregulations (3) to (6) apply.  (3) This subregulation applies if:  (a) the inorganic powder is in the possession of a person travelling on an international air service; and  (b) the inorganic powder:  (i) is in a container that is in a sealed plastic bag; and  (ii) was purchased duty‑free at a retail outlet or on board an aircraft; and  (iii) has a visible proof of purchase that is either attached to the plastic bag or inside the plastic bag.  (4) This subregulation applies if:  (a) the inorganic powder is in the possession of a person travelling on an international air service; and  (b) the inorganic powder is any of the following:  (i) cremated human or animal remains;  (ii) if the person is an infant or toddler—a baby product in a quantity that is reasonable having regard to the duration of the flight;  (iii) a medical product for the person;  (iv) a therapeutic product for the person in a quantity that is reasonable having regard to the duration of the flight;  (v) samples of powder or powder‑like substances used for medical research or reproductive health;  (vi) material or containers required to maintain the temperature, quality or integrity of anything mentioned in subparagraphs (i) to (v).  (5) This subregulation applies if:  (a) the inorganic powder is in the possession of a person; and  (b) the inorganic powder is to be used by the person in the course of, or for the purposes of, carrying on a business in a landside security zone; and  (c) the inorganic powder is not for the personal use of the person.  (6) This subregulation applies if:  (a) the inorganic powder is in the possession of a person specified in column 2 of an item of the table in regulation 4.62; and  (b) the inorganic powder is a tool of trade for the person. 4.22QC  Offence—inorganic powder passing through LAGs screening point  (1) For the purposes of paragraph 44(2)(aa) of the Act, a person commits an offence if:  (c) the person has inorganic powder in the person’s possession; and  (d) the inorganic powder is not in one or more containers that have a total combined volume of 350ml or less; and  (e) the inorganic powder is not an authorised powder. 4.22QD  Offence—entering LAGs cleared area other than through screening point with impermissible powder  (1) For the purposes of subparagraph 44(2)(d)(ii) of the Act, a person commits an offence if:  (a) the person enters a LAGs cleared area other than through a screening point; and  (aa) the person is not an exempt person; and  (b) when entering the LAGs cleared area, the person has in the person’s possession an inorganic powder; and  (c) the inorganic powder is an impermissible powder within the meaning of subregulation 4.11(4A). 4.22QE  Things to be detected by screening—inorganic powder  (1) For the purposes of paragraph 44(2)(b) of the Act, inorganic powders are things that are to be detected at a LAGs screening point. Note: Regulations 4.04 and 4.22I set out other things that are to be detected by screening under these Regulations.  (2) To avoid doubt, subregulation (1) does not require a screening authority to detect inorganic powder if it is not technically possible to do so. Note 1: Regulation 4.08 sets out when a person must be cleared before boarding an aircraft. Note 2: Regulation 4.15 deals with when a person’s carry‑on baggage must be cleared. 4.22QF  Offence—dealing with inorganic powder surrendered during screening  (1) For the purposes of paragraph 44(2)(c) of the Act, a screening authority must put in place procedures for the handling and destruction of inorganic powder surrendered as a result of screening.  (2) A screening authority commits an offence if:  (a) the screening authority puts in place procedures for the handling and destruction of inorganic powder surrendered as a result of screening; and  (b) the procedures are not in accordance with any applicable law in the place where screening occurs.  (3) A screening authority commits an offence if:  (a) an inorganic powder is surrendered during screening; and  (b) the inorganic powder is not handled and destroyed in accordance with the procedures put in place under this regulation. 4.22QG  Offence—preventing destruction of surrendered inorganic powder   For the purposes of paragraph 44(2)(c) of the Act, a person commits an offence if:  (a) a screening authority has put in place procedures for the destruction of inorganic powder; and  (b) inorganic powder has been surrendered to the screening authority as a result of screening; and  (c) the person prevents the destruction of the inorganic powder. 4.22QH  Offence—not screening for inorganic powder   For the purposes of paragraph 44(2)(d) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:  (c) the screening authority does not put in place appropriate procedures to ensure that a person does not carry inorganic powder through the LAGs screening point unless:  (i) the person is an exempt person; or  (ii) the inorganic powder is an authorised powder; or  (iii) the inorganic powder is in one or more containers that have a total combined volume of 350ml or less. 4.22QJ  Notices by the Secretary—authorised powders  (1) For the purposes of paragraph 44(2)(aa) of the Act, and in accordance with subsection 44(3) of the Act, the Secretary may by written notice provide that a thing, or a class of things, that would, except for this regulation, be an authorised powder is taken not to be an authorised powder.  (2) For the purposes of paragraph 44(2)(aa) of the Act, and in accordance with subsection 44(3) of the Act, the Secretary may by written notice provide that a thing, or a class of things, that is not an authorised powder under these Regulations is taken to be an authorised powder.  (3) A notice under subregulation (1) or (2) may apply to a thing, or to a class of things, that is carried by a particular person, or class of persons, or that is taken on to a particular flight. Subdivision 4.1.1AC—Signs at LAGs screening points 4.22QK  Definitions 4.22QL  Offence—sign at LAGs screening point  (1) For the purposes of paragraph 44(2)(k) of the Act, a screening authority for a security controlled airport, or an area of a security controlled airport, commits an offence if:  (c) the screening authority does not display, at the LAGs screening point, a sign that is:  (i) at least 0.4 m wide and 0.3 m high; and  (ii) in the following form or in the form set out in subregulation (2):   | <br> | Commonwealth of Australia<br>WARNING!<br>Screening point in operation<br>Liquids, aerosols, gels and inorganic powders other than those prescribed by, or under, the Regulations must not be taken past this point without authority<br> <br>Maximum penalty exceeds $2 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) |  (2) For the purposes of subparagraph (1)(c)(ii), the form of the sign is as follows:   | <br> | Commonwealth of Australia<br>WARNING!<br>Screening point in operation<br>A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point<br>Weapons and prohibited items must not be taken past this point without authority<br> <br>Maximum penalty exceeds $10 000<br> <br>Liquids, aerosols, gels and inorganic powders other than those prescribed by, or under, the Regulations must not be taken past this point without authority<br> <br>Maximum penalty exceeds $2 000<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | Subdivision 4.1.1B—Security tamper‑evident bags 4.22R  Definitions ICAO Aviation Security Manual means the document titled Aviation Security Manual, 10th Edition, 2017, published by the ICAO and as in force on 1 November 2018. security tamper‑evident bag means a bag:  (a) that complies with the technical specifications for security tamper‑evident bags set out in the ICAO Aviation Security Manual; and  (b) for which the security requirements set out in regulation 4.22S have been satisfied. 4.22S  Security requirements for security tamper‑evident bags  (1) For paragraph (b) of the definition of security tamper‑evident bag in regulation 4.22R and subparagraph 4.22T(1)(b)(ii), the requirements are:  (a) the bag was delivered to a retail business within a secure area of an airport (the business) in a sealed container; and  (b) the container was inspected after delivery to the business for signs that it had been tampered with before delivery and no such signs were found; and  (c) the business has in place procedures to ensure that bags under its control cannot be tampered with; and  (d) bags are stored in a secure manner and are accessible only by persons whose names are on a written list of persons authorised by the business to have access to the bags; and  (e) the business keeps records relating to the delivery, storage and handling of the bags.  (2) The Secretary may direct a person who conducts the business to keep a list mentioned in paragraph (1)(d) or a record mentioned in paragraph (1)(e) for the period specified in the direction. 4.22T  Offence—supply of non‑compliant security tamper‑evident bags  (1) A person who conducts a retail business (the business) within a secure area of an airport commits an offence if:  (a) someone working in the business seals a LAG product or inorganic powder purchased by a person (the customer) in a bag that is represented to the customer by the business to be a security tamper‑evident bag; and  (b) either or both of the following apply:  (i) the bag does not comply with the technical specifications for security tamper‑evident bags set out in the ICAO Aviation Security Manual;  (ii) the security requirements set out in regulation 4.22S have not been satisfied for the bag.  (2) For paragraph (1)(a), a business is taken to have represented to a customer that a bag is a security tamper‑evident bag if signage in the premises of the business or anything said to the customer by someone working in the business would reasonably lead the customer to believe that an item placed in the bag can be taken through a screening point for LAG products or inorganic powder at an airport outside Australia without being surrendered. Subdivision 4.1.2—Checked baggage screening 4.23  Offence—aircraft operator loading checked baggage that has not been cleared   For paragraph 44(2)(f) and subsection 44(4) of the Act, an aircraft operator commits an offence if:  (a) the aircraft operator conducts a screened air service; and  (b) the operator loads an item of checked baggage onto an aircraft that is being used for the air service; and  (c) the operator knows the item has not been cleared. 4.24  Offence—failure of screening authority to supervise or control  (1) For paragraph 44(2)(l) and subsection 44(4) of the Act, a screening authority for a security controlled airport, or part of the airport, commits an offence if:  (a) a screened air service operates from the airport or part of the airport, as the case may be; and  (b) the screening authority:  (i) carries out screening and clearing of baggage for the air service at the airport or part of the airport; and  (ii) is required to carry out screening of the baggage in accordance with the specifications of a binding screening notice; and  (c) baggage belonging to passengers of the air service must be cleared before it is checked in; and  (d) the screening authority does not have appropriate procedures in place to ensure that an item cannot be placed in or on any cleared baggage during the supervision or control period. binding screening notice, in relation to a screening authority, means a notice:  (a) given under regulation 4.17(1); and  (b) binding on the authority. Note: Subregulation 4.17(3) sets out the requirement for a binding notice. supervision or control period means the period that starts when baggage is cleared and ends when baggage is checked in. 4.25  International air services transiting Australia—inbound  (1) This regulation applies in relation to checked baggage on board an inbound international air service that becomes a screened air service by transiting through an airport in Australia.  (2) An item of the baggage must be cleared at the aircraft’s first point of call in Australia if:  (i) was screened at the port where the baggage was loaded on the aircraft outside Australia; and  (ii) has been kept continuously secure since it was screened; or 4.26  International air services transferring passengers in Australia—inbound  (1) This regulation applies in relation to checked baggage on board an inbound international air service if some or all of its passengers are to be transferred to a screened air service in Australia.  (2) An item of the baggage must be cleared before it is transferred to the other air service. 4.27  International air services transiting Australia—outbound  (1) This regulation applies in relation to checked baggage on board an outbound international air service that becomes a screened air service by transiting through an airport in Australia.  (2) An item of the baggage must be cleared at the aircraft’s last point of departure from Australia if:  (i) was cleared at any of the aircraft’s previous points of call in Australia; and  (ii) has been kept continuously secure since it was cleared; or 4.28  International air services transferring passengers in Australia—outbound  (1) This regulation applies in relation to checked baggage on board an outbound international air service if some or all of its passengers are to be transferred to a screened air service in Australia.  (2) An item of the baggage must be cleared before it is transferred to the other air service if:  (i) was cleared at any of the aircraft’s previous points of call in Australia; and  (ii) has been kept continuously secure since it was cleared; or 4.37  Requirement to notify intending passengers about checked baggage screening  (1) A screening authority must display signs, not less than 0.4 m wide by 0.3 m high, in the form set out in subregulation (2), indicating that checked baggage screening may occur.  (2) A sign required by subregulation (1) must be in the following form:   | <br> | Commonwealth of Australia<br>WARNING!<br>Checked baggage screening may be in operation<br>(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005) | 4.38  Explosives not to be loaded on board aircraft  (1) Subject to subregulation (3), a screening authority must ensure that an explosive that is detected in an item of checked baggage during screening at the terminal facility is not loaded on board an aircraft.  (3) Subregulation (1) does not apply in relation to an explosive the carriage of which is permitted by or under the Civil Aviation Safety Regulations 1998. 4.39  Opening of checked baggage   Nothing in these Regulations authorises a screening authority or a screening officer to open an item of checked baggage without the consent of a person who is entitled to possession of the item, or of the person who checked the item in, unless:  (a) the screening authority first makes a reasonable attempt to find a person who is entitled to possession of the item, or the person who checked the item in; and  (b) no such person is found. Subdivision 4.1.3—Record‑keeping requirements 4.40  Record‑keeping requirements relating to Secretary’s notices for screening  (1) This regulation applies in relation to a screening point through which persons enter a sterile area of a security controlled airport.  (2) The screening authority that is responsible for operating the screening point must make records, in electronic form, sufficient to demonstrate that:  (a) the screening authority complies with any notices issued under regulation 4.17 that:  (i) are binding on the screening authority under subregulation 4.17(3); and  (ii) relate to screening that is carried out at the screening point; and  (b) requirements that:  (i) are specified in any notice given to the screening authority under subregulation 4.17A(2); and  (ii) relate to screening carried out at the screening point;   are complied with.  (3) A screening authority that makes a record under subregulation (2) must keep the record, in electronic form, for 2 years after the end of the period to which the record relates (even if the screening authority ceases to be a screening authority, or ceases to be responsible for operating the screening point, before the end of the 2 years).  (4) A person commits an offence of strict liability if:  (b) the person is subject to a requirement under subregulation (2) or (3); and  (c) the person engages in conduct; and  (d) the person’s conduct breaches the requirement. Penalty for contravention of this subregulation: 20 penalty units. 4.41  Record‑keeping requirements relating to screening equipment  (1) This regulation applies in relation to screening that is carried out on a day at a screening point through which persons enter a sterile area of a security controlled airport, if any of the following equipment is used for the screening:  (a) x‑ray equipment fitted with threat image projection software;  (b) a walk‑through metal detector;  (c) body scanning equipment;  (d) explosive trace detection equipment.  (2) The screening authority that is responsible for operating the screening point must make a record of the following information in relation to the screening carried out at the screening point on the day:  (a) the airport;  (b) the terminal at which the screening point is located;  (c) the location of the screening point within the terminal;  (d) the day;  (e) the number of persons passing through the screening point on the day;  (f) if x‑ray equipment fitted with threat image projection software is used for the screening:  (ii) the name and version of the software; and  (iii) the time each threat image projected by the software on the day is projected, if the equipment can record the time; and  (iv) for each threat image projected on the day—the type of threat and the outcome of the projection;  (g) if a walk‑through metal detector is used for the screening:  (i) the make and model of the detector; and  (ii) the number of persons passing through the detector on the day;  (h) if body scanning equipment is used for the screening:  (ii) the number of persons scanned by the equipment on the day; and  (iii) the time of each scan, if the equipment can record the time;  (i) if explosive trace detection equipment is used for the screening:  (ii) the number of persons in relation to whom the equipment is used on the day; and  (iii) the number of double positive results occurring on the day; and  (iv) the time at which each double positive result occurs, if the equipment can record the time.  (3) For the purposes of this regulation, a record made by a screening authority is taken to be made in accordance with a requirement under subregulation (2) if:  (a) the only reason the making of the record is not in accordance with that requirement is that information in the record is not accurate; and  (b) the information is not information that can be recorded by the relevant equipment mentioned in paragraph (2)(f), (g), (h) or (i); and  (c) the screening authority made all reasonable efforts to ensure that the information was accurate.  (4) A screening authority that makes a record under subregulation (2) in relation to screening must keep the record for 2 years after the day on which the screening occurs (even if the screening authority ceases to be a screening authority, or ceases to be responsible for operating the screening point, before the end of the 2 years).  (5) A person commits an offence of strict liability if:  (b) the person is subject to a requirement under subregulation (2) or (4); and  (c) the person engages in conduct; and  (d) the person’s conduct breaches the requirement. Penalty for contravention of this subregulation: 20 penalty units. Division 4.1A—Examining and clearing cargo Subdivision 4.1A.1—Requirements for examining and clearing cargo 4.41A  Application of Subdivision  (1) This Subdivision applies to:  (a) international cargo; and  (aa) cargo to which subregulation (2) applies; and  (b) cargo to which this Subdivision applies because the Secretary has issued a notice to that effect under regulation 4.41J.  (2) This subregulation applies to cargo that is intended to be transported on a domestic air service in the following circumstances:  (a) the cargo is to be transported by an aircraft that has:  (i) a seating capacity of 40 or more persons; or  (ii) a certificated maximum take‑off weight of 20,000 kg or more;  (b) the air service is not a closed charter operation;  (c) the cargo is to be loaded onto the aircraft at:  (i) a designated airport; or  (ii) a tier 1 security controlled airport; or  (iii) a tier 2 security controlled airport; or  (iv) Bankstown Airport; or  (v) Essendon Fields Airport. 4.41B  Purpose of Subdivision  (1) This Subdivision sets out the requirements for examining and clearing cargo for the following provisions of the Act:  (a) section 44B;  (b) paragraph 44C(1)(a);  (c) paragraphs 44C(2)(a), (b), (d), (e), (g) and (h);  (d) subsection 44C(4).  (2) For the purposes of paragraph 44C(2)(e) of the Act, the things to be detected by the examination of cargo are explosives. 4.41C  When cargo that has not been examined may receive clearance   For the purposes of paragraph 44B(2)(b) of the Act, cargo may receive clearance without being examined if:  (a) the cargo originates with a known consignor; and  (b) the known consignor handles the cargo in accordance with the requirements under the known consignor’s security program that deal with how cargo that has not been examined is to be handled in order to receive clearance. Note: There may be other circumstances in which cargo may receive clearance without being examined—see section 44B of the Act. 4.41CA  Requirements for cargo to receive clearance  (1) For the purposes of subparagraph 44C(1)(a)(iii) of the Act, in order for cargo to receive clearance, the cargo must satisfy the requirements set out in subregulation (2), (2A) or (3). Cargo examined by RACAs  (2) For this subregulation to be satisfied, the cargo must:  (a) have been examined by a RACA in accordance with an examination notice given to the RACA; and  (b) be handled by the RACA in accordance with the requirements under the RACA’s security program that deal with how cargo is to be handled in order to receive clearance; and Cargo examined by cargo examining aircraft operators  (2A) For this subregulation to be satisfied, the cargo must:  (a) have been examined by a cargo examining aircraft operator in accordance with an examination notice given to the operator; and  (b) be handled by the operator in accordance with the requirements under the operator’s TSP that deal with how cargo is to be handled in order to receive clearance; and Cargo that need not be examined  (3) For this subregulation to be satisfied, the cargo must:  (a) not require examination to receive clearance in accordance with:  (i) regulation 4.41C; or  (ii) a written notice issued by the Secretary under subparagraph 44B(2)(b)(i) of the Act; and  (b) be handled by a RACA or a cargo examining aircraft operator in accordance with the requirements under:  (i) for a RACA—the RACA’s security program that deal with how cargo that has not been examined is to be handled in order to receive clearance; or  (ii) for a cargo examining aircraft operator—the operator’s TSP that deal with how cargo that has not been examined is to be handled in order to receive clearance; and 4.41D  Meaning of security declaration  (1) A security declaration is a document that is covered by subregulation (3) or that:  (a) is in relation to cargo; and  (b) is issued by a person (the issuer) that is a known consignor, a RACA or a cargo examining aircraft operator, when the cargo is in the possession of the issuer; and  (c) includes the following:  (i) the name of the issuer;  (ii) the name of the individual issuing the document on behalf of the issuer;  (iii) whether the issuer is a known consignor, a RACA or a cargo examining aircraft operator;  (iv) either a general description of the contents of the cargo or, if the cargo is consolidated, a statement that the cargo is consolidated;  (iva) a unique identifier for the cargo or, if the cargo is consolidated, for the consolidated cargo;  (v) either the airport where the cargo is first loaded onto the aircraft or, if the cargo originates with a known consignor, the physical address at which the cargo originates with the known consignor; Note: The airport may be named by using the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport.  (vi) the airport to which the cargo is being transported; Note: The airport may be named by using the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport.  (vii) the time and date when the document was issued;  (viii) if the cargo is required to be examined to receive clearance—details of the examination method applied to the cargo by the issuer and a statement that the cargo was examined in accordance with an examination notice;  (ix) if the cargo is not required to be examined to receive clearance—a statement of the grounds on which the cargo is not required to be examined to receive clearance;  (x) a declaration that the cargo has received clearance. Note 1: For the definition of document, see section 2B of the Acts Interpretation Act 1901. Note 2: For the purposes of subparagraph (ix), the 2 grounds on which cargo may not require examination to receive clearance are: (a) in accordance with regulation 4.41C; or (b) in accordance with a written notice issued by the Secretary under subparagraph 44B(2)(b)(i) of the Act. Note 3: Subparagraph (x) refers to cargo having received clearance at the point in time at which the declaration is made. In order for cargo to be cleared at a particular time the cargo must have both received clearance and subsequently at all times have been handled in accordance with these Regulations—see subsection 44B(3) of the Act.  (2) To avoid doubt:  (a) a document issued by a known consignor and described in paragraphs (1)(a) and (c) is a security declaration even if the information described in subparagraph (1)(c)(vi):  (i) is not included by the known consignor at the time of issue; and  (ii) is later included in the document by a RACA or a cargo examining aircraft operator; and  (b) the RACA or cargo examining aircraft operator does not issue the document merely by including that information in the document.  (3) This subregulation covers a document (the foreign consignment security declaration) that:  (a) relates to cargo that originates overseas; and  (b) is issued by a person with functions like those of a known consignor, a RACA or a cargo examining aircraft operator, when the cargo is in the possession of the person overseas; and  (c) is in English or can be readily translated into English by a RACA, or a cargo examining aircraft operator, who handles the cargo in Australia; and  (d) includes details of how the person assessed the cargo; and  (e) states that the cargo does not contain an unauthorised explosive. 4.41F  Offence—issuing a security declaration in certain circumstances Known consignors  (1) A known consignor commits an offence of strict liability if:  (a) the known consignor issues a security declaration for cargo; and  (c) the cargo did not originate with the known consignor.  (2) A known consignor commits an offence of strict liability if:  (a) the known consignor issues a security declaration for cargo; and  (b) the known consignor has not handled the cargo in accordance with the known consignor security program in force for the known consignor. RACAs  (3) A RACA commits an offence of strict liability if:  (a) the RACA issues a security declaration for cargo; and  (c) the RACA has not examined the cargo in accordance with an examination notice given to the RACA.  (4) A RACA commits an offence of strict liability if:  (a) the RACA issues a security declaration for cargo; and  (b) the RACA has not handled the cargo in accordance with the RACA security program in force for the RACA. Cargo examining aircraft operators  (5) A cargo examining aircraft operator commits an offence of strict liability if:  (a) the operator issues a security declaration for cargo; and  (c) the operator has not examined the cargo in accordance with an examination notice given to the operator.  (6) A cargo examining aircraft operator commits an offence of strict liability if:  (a) the operator issues a security declaration for cargo; and  (b) the operator has not handled the cargo in accordance with the TSP in force for the operator. Persons other than known consignors, RACAs and cargo examining aircraft operators  (7) A person commits an offence of strict liability if:  (a) the person purports to issue a security declaration, except a foreign consignment security declaration, for cargo; and  (b) the person is not a known consignor, a RACA or a cargo examining aircraft operator. Penalty for a contravention of subregulation (7): 50 penalty units. 4.41G  Offence—loading cargo without security declaration  (1) A person commits an offence of strict liability if:  (a) the person is a loading person; and  (b) the person loads cargo onto a prescribed aircraft; and  (c) at the time of loading, the person does not have a security declaration for the cargo.  (a) if the person is an AACA—50 penalty units; or  (2) A person (the first person) commits an offence of strict liability if:  (a) the first person is a loading person; and  (b) the first person enters into an arrangement with another person to load cargo onto a prescribed aircraft; and  (c) the other person is not a loading person; and  (d) at the time of loading, the first person does not have a security declaration for the cargo. Penalty for a contravention of subregulation (2):  (a) if the first person is an AACA—50 penalty units; or  (3) In this instrument: loading person means:  (a) an AACA; or  (b) an aircraft operator of a prescribed air service; or  (c) a known consignor; or  (d) a RACA. 4.41H  Offence—failing to keep records of security declaration   A person commits an offence of strict liability if:  (a) the person is or was a known consignor, a RACA or a cargo examining aircraft operator; and  (b) the person has, in that capacity, issued a security declaration for cargo; and  (c) the person does not keep a record of the declaration for 90 days after issuing the declaration. Subdivision 4.1A.1A—Examination notices 4.41J  Examination notices  (1) This regulation is made for the purposes of subsection 44C(3) of the Act.  (2) The Secretary may make a written notice (an examination notice) that sets out requirements in relation to how cargo that is to be loaded onto an aircraft must be examined by a RACA or cargo examining aircraft operator.  (3) Without limiting subregulation (2), an examination notice may include one or more of the following:  (a) the types of cargo that must be examined in accordance with the notice;  (b) the methods, techniques and equipment to be used for examination;  (c) the places where examination is to be conducted;  (d) who may conduct the examination;  (e) the things to be detected by examination;  (f) the procedures for dealing with cargo that has been examined;  (g) the records that must be kept about examination;  (h) any other matter the Secretary considers relevant.  (5) The Secretary must give an examination notice to a RACA or cargo examining aircraft operator if the notice provides that the notice is to be given to the RACA or operator and the Secretary is satisfied on reasonable grounds that:  (a) the RACA or operator is capable of examining cargo in accordance with the notice; and  (b) the RACA or operator intends to examine cargo in accordance with the notice; and  (c) giving the notice to the RACA or operator is in the interests of safeguarding against unlawful interference with aviation.  (5A) An examination notice may make different provision in relation to cargo with respect to different circumstances.  (6) A RACA or cargo examining aircraft operator that has been given an examination notice may, for the purposes of examining cargo, open, deconsolidate or unpack the cargo (whether or not the owner of the cargo, or any other person, has consented). 4.41JB  Revocation or variation of examination notice  (1) The Secretary must, in writing, revoke an examination notice given to a RACA or a cargo examining aircraft operator if the RACA or operator requests the Secretary, in writing, to revoke the notice. Revocation for cause  (2) The Secretary may, in writing, revoke an examination notice given to a RACA or cargo examining aircraft operator if the Secretary is satisfied on reasonable grounds that:  (a) the RACA or operator:  (i) is not capable of examining cargo in accordance with the notice; or  (ii) is not examining cargo in accordance with the notice; or  (b) revoking the notice is in the interests of safeguarding against unlawful interference with aviation.  (3) If the Secretary revokes an examination notice under subregulation (2), the Secretary must give a copy of the revocation to the RACA or cargo examining aircraft operator. Variation or revocation to correct errors or omissions  (4) If the Secretary is satisfied that an examination notice (the original notice) given to a RACA or cargo examining aircraft operator contains an error or omission, the Secretary may, for the purpose of correcting the error or omission, in writing:  (a) vary the original notice; or  (b) revoke the original notice and substitute another examination notice; and, where the Secretary does so, the varied or substituted examination notice has effect as if it had been given at the time the original notice was given.  (5) If, under subregulation (4), the Secretary varies the original notice, or revokes the original notice and substitutes another examination notice, the Secretary must give a copy of the examination notice as varied or substituted to the RACA or cargo examining aircraft operator.  (6) The Secretary may vary or revoke the original notice under subregulation (4) at the Secretary’s own initiative or at the written request of a RACA or cargo examining aircraft operator. 4.41K  Offence—failure to comply with an examination notice  (1) A RACA commits an offence of strict liability if:  (a) the Secretary has given the RACA an examination notice; and  (b) the RACA fails to comply with the notice.  (2) A cargo examining aircraft operator commits an offence of strict liability if:  (a) the Secretary has given the operator an examination notice; and  (b) the operator fails to comply with the notice. Penalty for a contravention of subregulation (2): 100 penalty units. Subdivision 4.1A.1B—Approving known consignors 4.41L  Known consignors   For the purposes of paragraph 44C(2)(ha) of the Act, a person is a known consignor if the person:  (a) carries on a business that engages in originating cargo; and  (b) is approved as a known consignor under regulation 4.41N. 4.41M  Applying for approval as a known consignor  (1) A person may apply, in writing, to the Secretary to be approved as a known consignor if the person:  (a) carries on a business that engages in originating cargo; or  (b) intends to carry on such a business.  (b) access for inspection of one or more of the applicant’s sites to gather further information in relation to the application. 4.41N  Decision on application  (1) The Secretary may, in relation to an application made by an applicant under regulation 4.41M:  (a) approve the applicant as a known consignor; or  (b) refuse to approve the applicant as a known consignor.  (a) any further information provided by the applicant under paragraph 4.41M(3)(a); and  (b) any further information obtained as a result of any inspections carried out under paragraph 4.41M(3)(b); and Note: If the Secretary approves the applicant as a known consignor: (a) the notice must include the duration of the approval—see regulation 4.41P; and (b) the Secretary must also provide the known consignor with a security program—see regulation 4.41Z.  (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to approve the applicant as a known consignor at the end of that period.  (a) further information under paragraph 4.41M(3)(a); or  (b) access for inspection of one or more of the applicant’s sites under paragraph 4.41M(3)(b); then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.41M(3), by the number of days falling within the period:  (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or  (ii) if the information or access was not provided within the period specified in the notice—the last day of that period. 4.41P  Duration of approval  (1) A known consignor’s approval as a known consignor commences on the day specified in the notice under subregulation 4.41N(3).  (b) if the applicant is not already carrying on a business that engages in originating cargo—the day on which the applicant commences carrying on such a business.  (3) The approval continues in force until the earlier of:  (a) the end of the period specified in the notice; and  (b) if the approval is revoked under regulation 4.41V, 4.41W or 4.41X—the day the approval is revoked. Note: If a known consignor applies for the known consignor’s approval to be renewed before the end of the period mentioned in paragraph (a), the approval continues in force until a decision is made on the renewal application—see regulation 4.41T.  (4) The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the approval commences. 4.41Q  Action by Secretary in relation to approval  (1) If there is a change to a known consignor’s operations resulting in the known consignor no longer carrying on business in accordance with the requirements of the known consignor’s security program, the Secretary may issue a notice, in writing, to the known consignor in accordance with subregulation (2).  (a) that the known consignor agree to restrict the known consignor’s activities to those that are in accordance with the known consignor’s security program;  (b) that the known consignor agree to the Secretary imposing a condition on the known consignor’s approval as a known consignor relating to activities that are not in accordance with the known consignor’s security program;  (c) that the known consignor agree to comply with a different known consignor security program;  (d) that the known consignor’s approval as a known consignor be revoked.  (3) The known consignor must:  (a) notify the Secretary, in writing, of which, if any, of the actions proposed in the notice the known consignor will accept; and Note: The Secretary may revoke the known consignor’s approval as a known consignor if the known consignor does not accept a proposed action, or if the known consignor accepts a proposed action but does not complete the action—see regulation 4.41X.  (a) the notice proposes that the known consignor’s approval as a known consignor be revoked in accordance with paragraph (2)(d); and  (b) the known consignor accepts the proposed action; the known consignor is taken to have requested the Secretary to revoke the known consignor’s approval under regulation 4.41V. 4.41R  Application for re‑approval  (1) A known consignor may apply, in writing, to the Secretary for re‑approval as a known consignor.  (2) The application may only be made within the last 12 months of the period for which the known consignor’s approval is in force.  (4) The Secretary may request, in writing, that the known consignor provide:  (b) access for inspection of one or more of the known consignor’s sites to gather further information in relation to the application.  (7) The Secretary may refuse to consider the application until the known consignor provides the further information or access. 4.41S  Decision on re‑approval application  (1) The Secretary may, in relation to an application made by a known consignor under regulation 4.41R:  (a) re‑approve the known consignor as a known consignor; or  (b) refuse to re‑approve the known consignor as a known consignor.  (a) any further information provided by the known consignor under paragraph 4.41R(4)(a); and  (b) any further information obtained as a result of any inspections carried out under paragraph 4.41R(4)(b); and Note: If the Secretary re‑approves the known consignor as a known consignor, the notice must include the duration of the re‑approval—see regulation 4.41U.  (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to re‑approve the known consignor as a known consignor at the end of that period  (a) further information under paragraph 4.41R(4)(a); or  (b) access for inspection of one or more of the known consignor’s sites under paragraph 4.41R(4)(b); then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.41R(4), by the number of days falling within the period:  (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or  (ii) if the information or access was not provided within the period specified in the notice—the last day of that period. 4.41T  Approval continues until decision on re‑approval application   If:  (a) a known consignor makes an application for re‑approval as a known consignor under regulation 4.41R; and  (b) the Secretary has not made a decision on the application before the known consignor’s approval is due to cease to be in force; the known consignor’s approval is taken to continue until:  (c) if the Secretary re‑approves the known consignor as a known consignor—the day specified in the notice under subregulation 4.41S(3) as the day on which the re‑approval commences; or  (d) if the Secretary refuses to re‑approve the known consignor as a known consignor—the day the Secretary makes the decision to refuse the application. 4.41U  Duration of re‑approval  (1) A known consignor’s re‑approval as a known consignor commences on the day specified in the notice under subregulation 4.41S(3) (which must not be earlier than the day the notice is given).  (2) The re‑approval continues in force until the earlier of:  (a) the end of the period specified in the notice; and  (b) if the re‑approval is revoked under regulation 4.41V, 4.41W or 4.41X—the day the re‑approval is revoked.  (3) The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the re‑approval commences. 4.41V  Revocation of known consignor approval on request  (1) The Secretary must revoke the approval of a person as a known consignor if the person requests, in writing, the Secretary to revoke the approval. 4.41W  Revocation of known consignor approval to safeguard against unlawful interference with aviation  (1) The Secretary may, at any time by notice in writing, revoke the approval of a person as a known consignor if the Secretary is satisfied on reasonable grounds that revoking the approval is in the interests of safeguarding against unlawful interference with aviation. 4.41X  Revocation of known consignor approval on other grounds  (1) The Secretary may revoke the approval of a person as a known consignor if:  (a) any information given in the known consignor’s application under regulation 4.41M is false or misleading in a material particular; or  (b) if the known consignor’s site has been inspected in accordance with paragraph 4.41M(3)(b) or 4.41R(4)(b)—any information given during the inspection is false or misleading in a material particular; or  (c) the known consignor has not accepted an action proposed in a notice issued under regulation 4.41Q; or  (d) the known consignor has accepted an action proposed in a notice issued under regulation 4.41Q but the known consignor has not restricted the known consignor’s activities, or has not complied with a condition imposed, in accordance with the notice; or  (e) if an application has been made for re‑approval—any information given in the known consignor’s application under regulation 4.41R is false or misleading in a material particular; or  (f) the known consignor’s business no longer engages in originating cargo; or  (g) the known consignor has failed to comply with the known consignor security program for the known consignor; or  (h) the known consignor has failed to comply with a direction to vary the known consignor’s security program under regulation 4.41ZD; or  (i) the known consignor has failed to comply with a special security direction under section 73 of the Act.  (2) Before deciding to revoke a known consignor’s approval under subregulation (1), the Secretary must:  (a) notify the known consignor, in writing, of:  (b) invite the known consignor to:  (i) make a submission as to why the known consignor’s approval should not be revoked; and  (3) The period specified in the notice must be at least 14 days commencing on the day the notice is given (the response period).  (4) In deciding whether to revoke the known consignor’s approval under subregulation (1), the Secretary must consider any submissions made within the response period.  (6) If the decision is to revoke the known consignor’s approval, the notice must include the reasons for the decision.  (7) If the notice is not given within 28 days after the end of the response period, the Secretary is taken to have decided to revoke the known consignor’s approval at the end of that period.  (9) If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.  (a) if the known consignor was given a notice under subregulation (5)—the day after the known consignor was given the notice; or  (b) if the known consignor was not given a notice under subregulation (5)—the day after the Secretary is taken, under subregulation (7), to have decided to revoke the known consignor’s approval. 4.41Y  Secretary’s list of known consignors  (1) The Secretary must keep a list of persons approved as known consignors. Subdivision 4.1A.1C—Known consignor security programs 4.41Z  Secretary must provide known consignor with security program Security program for persons approved as known consignors  (1) If the Secretary approves a person as a known consignor under regulation 4.41N, the Secretary must:  (a) provide the person with a known consignor security program that:  (i) is appropriate for the kind of business that is carried on by the known consignor; and  (ii) addresses the requirements set out in subregulation (2); and  (b) do so at the same time as the notice of the approval is given under subregulation 4.41N(3).  (2) The known consignor security program must set out the following requirements:  (a) measures and procedures to ensure security of the known consignor’s facilities;  (b) measures and procedures to ensure security of the known consignor’s personnel;  (c) training requirements and procedures for the known consignor’s personnel;  (d) measures and procedures for clearing cargo;  (f) measures and procedures for oversight of the operation of the measures, procedures and requirements for paragraphs (a) to (e), including quality assurance and incident response. Security programs for known consignors that are re‑approved  (3) The Secretary may provide a known consignor who is re‑approved as a known consignor under regulation 4.41S with a known consignor security program that:  (a) is appropriate for the kind of business that is carried on by the known consignor; and  (b) addresses the requirements set out in subregulation (2).  (a) a known consignor is re‑approved under regulation 4.41S; and  (b) immediately before the known consignor was re‑approved there was a known consignor security program in force for the known consignor (the original security program); and  (c) the Secretary does not provide the known consignor with a known consignor security program under subregulation (3); the original security program continues in force for the known consignor. 4.41ZA  When a known consignor security program is in force When a known consignor security program comes into force  (1) A known consignor security program for a known consignor comes into force at the time specified in the security program.  (a) the time specified in the security program is earlier than the time at which the security program was given to the known consignor; or the security program comes into force when the security program is given to the known consignor. Known consignor security program remains in force for duration of approval  (3) The security program for the known consignor remains in force for so long as the known consignor is approved as a known consignor. 4.41ZB  Secretary may vary known consignor security program  (a) a known consignor security program for a known consignor is in force; and  (i) the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.41Z(2); or  (ii) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;  (d) must provide a copy of the varied security program to the known consignor. Note: The Secretary may also direct the known consignor to vary the security program, or the known consignor may request the Secretary to vary the security program—see regulations 4.41ZD and 4.41ZE.  (2) However, the Secretary must not vary the security program under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.41Z(2).  (3) The known consignor must, within 14 days of receiving the varied security program (the response period):  (a) notify the Secretary, in writing, that the known consignor accepts the varied security program; or  (i) notify the Secretary, in writing, that the known consignor rejects the varied security program; and  (ii) request the Secretary to revoke, under regulation 4.41V, the known consignor’s approval as a known consignor.  (4) If, within the response period, the known consignor notifies the Secretary that the known consignor accepts the varied security program, the varied security program comes into force 14 days after the day the known consignor notifies the Secretary of the acceptance.  (5) If, within the response period, the known consignor requests the Secretary to amend the varied security program, the known consignor must give the Secretary:  (6) If, within the response period, the known consignor does not take any of the actions mentioned in subregulation (3), the varied security program comes into force 14 days after the end of the response period. 4.41ZC  Consideration of request to amend known consignor security program as varied by the Secretary  (1) The Secretary may, in relation to a request made by a known consignor, under paragraph 4.41ZB(3)(b), to amend a varied known consignor security program:  (a) whether the varied known consignor security program, as proposed to be amended, addresses the requirements set out in subregulation 4.41Z(2);  (c) the current use of the varied known consignor security program (if any) by a business of the kind carried on by the known consignor;  (d) the efficient administration of the known consignor scheme;  (b) provide the varied security program, as amended, to the known consignor with the notice under subregulation (3); and  (c) specify in the notice the day on which the varied security program, as amended, comes into force (which must not be earlier than the day of the notice).  (6) If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (which must not be earlier than the day of the notice). 4.41ZD  Secretary may direct known consignors to vary security programs  (a) a known consignor security program is in force for a known consignor; and  (i) the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.41Z(2); or  (ii) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation; the Secretary may, by written notice given to the known consignor, direct the known consignor to vary the security program. Note: The Secretary may also vary the security program himself or herself, or the known consignor may request the Secretary to vary the security program—see regulations 4.41ZB and 4.41ZE.  (2) However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.41Z(2).  (3) In the notice, the Secretary must:  (b) specify the period within which the known consignor must give the Secretary the security program as varied.  (4) If the known consignor gives the Secretary the security program: the Secretary must, by written notice given to the known consignor, approve the variation. The variation comes into force when the notice is given. Note 1: As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.41ZA deals with the period for which a known consignor security program is in force. Note 2: If the known consignor does not vary the security program in accordance with the notice the known consignor’s approval as a known consignor may be revoked—see regulation 4.41X. 4.41ZE  Known consignor may request Secretary to vary known consignor security program  (1) A known consignor may request the Secretary to vary the known consignor security program for the known consignor. 4.41ZF  Consideration of request to vary known consignor security program  (1) The Secretary may, in relation to a request made by a known consignor, under subregulation 4.41ZE(1), to vary the known consignor security program for the known consignor:  (a) whether the known consignor’s security program, as proposed to be varied, addresses the requirements set out in subregulation 4.41Z(2);  (c) the current use of the known consignor security program (if any) by a business of the kind carried on by the known consignor;  (d) the efficient administration of the known consignor scheme;  (b) provide the varied security program to the known consignor with the notice under subregulation (3); and  (c) specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).  (6) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period. 4.41ZG  Offence—failure to comply with known consignor security program   A known consignor commits an offence of strict liability if:  (a) there is a known consignor security program in force for the known consignor; and  (b) the known consignor fails to comply with the security program. 4.41ZH  Offence—disclosing known consignor security program information without consent  (b) the information is about the content of a known consignor security program for a known consignor; and  (c) the person does not have the consent of the known consignor to disclose the information. Subdivision 4.1A.2—Designating regulated air cargo agents 4.42  Regulated air cargo agents   For the purposes of paragraph 44C(2)(i) of the Act, a person is a RACA if the person:  (a) carries on a business that includes:  (i) the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; and  (ii) the examination, in accordance with an examination notice given to the person, of cargo to be carried on a prescribed aircraft; and  (b) is designated as a RACA under regulation 4.43A. 4.43  Applying for designation as a RACA  (1) A person may apply, in writing, to the Secretary to be designated as a RACA if the person intends to carry on a business that includes: . (a) the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; and  (b) the examination, in accordance with an examination notice, of cargo to be carried on a prescribed aircraft.  (b) access for inspection of one or more of the applicant’s sites to gather further information in relation to the application. 4.43A  Decision on application  (1) The Secretary may, in relation to an application made by an applicant under regulation 4.43:  (a) designate the applicant as a RACA; or  (b) refuse to designate the applicant as a RACA.  (a) any further information provided by the applicant under paragraph 4.43(3)(a); and  (b) any further information obtained as a result of any inspections carried out under paragraph 4.43(3)(b); and Note: If the Secretary designates the applicant as a RACA: (a) the notice must include the duration of the designation—see regulation 4.43B; and (b) the Secretary must also provide the applicant with a RACA security program—see regulation 4.46.  (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to designate the applicant as a RACA at the end of that period.  (a) further information under paragraph 4.43(3)(a); or  (b) access for inspection of one or more of the applicant’s sites under paragraph 4.43(3)(b); then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.43(3), by the number of days falling within the period:  (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or  (ii) if the information or access was not provided within the period specified in the notice—the last day of that period. 4.43B  Duration of designation  (1) A RACA’s designation as a RACA commences on the day specified in the notice under subregulation 4.43A(3).  (b) if the applicant is not already carrying on a business that includes the handling, or making arrangements for the transport, of cargo—the day on which the applicant commences carrying on such a business.  (3) The designation continues in force until the earlier of:  (b) if the designation is revoked under regulation 4.44, 4.44A, 4.44B or 4.44C—the day the designation is revoked. Note: If a RACA applies for the RACA’s designation to be renewed before the end of the period mentioned in paragraph (a), the designation continues in force until a decision is made on the renewal application—see regulation 4.43F.  (4) The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the designation commences. 4.43C  Action by Secretary in relation to designation  (1) If there is a change to a RACA’s operations resulting in the RACA no longer carrying on business in accordance with the requirements of the RACA’s security program, the Secretary may issue a notice, in writing, to the RACA in accordance with subregulation (2).  (a) that the RACA agree to restrict the RACA’s activities to those that are in accordance with the RACA’s security program;  (b) that the RACA agree to the Secretary imposing a condition on the RACA’s designation as a RACA relating to activities that are not in accordance with the RACA’s security program;  (c) that the RACA agree to comply with a different RACA security program;  (d) that the RACA’s designation as a RACA be revoked.  (3) The RACA must:  (a) notify the Secretary, in writing, of which, if any, of the actions proposed in the notice the RACA will accept; and Note: The Secretary may revoke the RACA’s designation as a RACA if the RACA does not accept a proposed action, or if the RACA accepts a proposed action but does not complete the action—see regulation 4.44B.  (a) the notice proposes that the RACA’s designation as a RACA be revoked in accordance with paragraph (2)(d); and  (b) the RACA accepts the proposed action; the RACA is taken to have requested the Secretary to revoke the RACA’s designation under regulation 4.44. 4.43D  Application for designation to be renewed  (1) A RACA may apply, in writing, to the Secretary for the RACA’s designation as a RACA to be renewed.  (2) The application may only be made within the last 12 months of the period for which the RACA’s designation is in force.  (4) The Secretary may request, in writing, that the RACA provide:  (b) access for inspection of one or more of the RACA’s sites to gather further information in relation to the application.  (7) The Secretary may refuse to consider the application until the RACA provides the further information or access. 4.43E  Decision on renewal of designation application  (1) The Secretary may, in relation to an application made by a RACA under regulation 4.43D:  (a) renew the RACA’s designation as a RACA; or  (b) refuse to renew the RACA’s designation as a RACA.  (a) any further information provided by the RACA under paragraph 4.43D(4)(a); and  (b) any further information obtained as a result of any inspections carried out under paragraph 4.43D(4)(b); and Note: If the Secretary renews the RACA’s designation as a RACA, the notice must include the duration of the renewed designation—see regulation 4.43G.  (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to renew the RACA’s designation as a RACA at the end of that period.  (a) further information under paragraph 4.43D(4)(a); or  (b) access for inspection of one or more of the RACA’s sites under paragraph 4.43D(4)(b); then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.43D(4), by the number of days falling within the period:  (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or  (ii) if the information or access was not provided within the period specified in the notice—the last day of that period. 4.43F  Designation continues until decision on renewal application   If:  (a) a RACA makes an application for renewal of the RACA’s designation as a RACA under regulation 4.43D; and  (b) the Secretary has not made a decision on the application before the RACA’s designation is due to cease to be in force; the RACA’s designation is taken to continue until:  (c) if the Secretary renews the RACA’s designation as a RACA—the day specified in the notice under subregulation 4.43E(3) as the day on which the renewed designation commences; or  (d) if the Secretary refuses to renew the RACA’s designation as a RACA—the day the Secretary makes the decision to refuse the application. 4.43G  Duration of renewed designation  (1) A RACA’s renewed designation as a RACA commences on the day specified in the notice under subregulation 4.43E(3) (which must not be earlier than the day the notice is given).  (2) The renewed designation continues in force until the earlier of:  (b) if the renewed designation is revoked under regulation 4.44, 4.44A, 4.44B or 4.44C—the day the renewed designation is revoked.  (3) The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the renewed designation commences. 4.44  Revocation of RACA designation on request  (1) The Secretary must revoke the designation of a person as a RACA if the person requests, in writing, the Secretary to revoke the designation. 4.44A  Revocation of RACA designation to safeguard against unlawful interference with aviation  (1) The Secretary may, at any time by notice in writing, revoke the designation of a person as a RACA if the Secretary is satisfied on reasonable grounds that revoking the designation is in the interests of safeguarding against unlawful interference with aviation. 4.44B  Revocation of RACA designation on other grounds  (1) The Secretary may revoke the designation of a person as a RACA if:  (a) any information given in the RACA’s application under regulation 4.43 is false or misleading in a material particular; or  (b) if the RACA’s site has been inspected in accordance with paragraph 4.43(3)(b) or 4.43D(4)(b)—any information given during the inspection is false or misleading in a material particular; or  (c) the RACA has not accepted an action proposed in a notice issued under regulation 4.43C; or  (d) the RACA has accepted an action proposed in a notice issued under regulation 4.43C but the RACA has not restricted the RACA’s activities, or has not complied with a condition imposed, in accordance with the notice; or  (e) if an application has been made for renewal of the RACA’s designation—any information given in the RACA’s application under regulation 4.43D is false or misleading in a material particular; or  (f) the RACA’s business no longer includes:  (i) the handling, or making arrangements for transport, of cargo to be carried on a prescribed aircraft; or  (ii) examining cargo, in accordance with an examination notice given to the RACA, that is to be carried on a prescribed aircraft; or  (g) the RACA has failed to comply with the RACA security program for the RACA; or  (h) the RACA has failed to comply with a direction to vary the RACA’s security program under regulation 4.46D; or  (i) the RACA has failed to comply with a special security direction under section 73 of the Act.  (2) Before deciding to revoke a RACA’s designation under subregulation (1), the Secretary must:  (a) notify the RACA, in writing, of:  (b) invite the RACA to:  (i) make a submission as to why the RACA’s designation should not be revoked; and  (3) The period specified in the notice must be at least 14 days commencing on the day the notice is given (the response period).  (4) In deciding whether to revoke the RACA’s designation under subregulation (1), the Secretary must consider any submissions made within the response period.  (6) If the decision is to revoke the RACA’s designation, the notice must include the reasons for the decision.  (7) If the notice is not given within 28 days after the end of the response period, the Secretary is taken to have decided to revoke the RACA’s designation at the end of that period.  (9) If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.  (a) if the RACA was given a notice under subregulation (5)—the day after the RACA was given the notice; or  (b) if the RACA was not given a notice under subregulation (5)—the day after the Secretary is taken, under subregulation (7), to have decided to revoke the RACA’s designation. 4.44C  Automatic revocation if RACA accredited as AACA Automatic revocation if accredited as AACA  (1) The designation of a person as a RACA is automatically revoked if the person is subsequently accredited as an AACA.  (2) The revocation has effect on the day the person is accredited as an AACA. 4.45  Secretary’s list of regulated air cargo agents  (1) The Secretary must keep a list of persons designated as RACAs. Subdivision 4.1A.2A—RACA security programs 4.46  Secretary must provide RACA with security program Security program for persons designated as RACAs  (1) If the Secretary designates a person as a RACA under regulation 4.43A, the Secretary must:  (a) provide the person with a RACA security program that:  (i) is appropriate for the kind of business that is carried on by the RACA; and  (ii) addresses the requirements set out in subregulation (2); and  (b) do so at the same time as the notice of the designation is given under subregulation 4.43A(3).  (2) The RACA security program must set out the following requirements:  (a) measures and procedures to ensure security of the RACA’s facilities;  (b) measures and procedures to ensure security of the RACA’s personnel;  (c) training requirements and procedures for the RACA’s personnel;  (d) measures and procedures for clearing cargo;  (f) measures and procedures for handling high risk cargo;  (fa) if the RACA controls an access control point into a security restricted area at a designated airport—the requirements mentioned in subregulation (2A);  (g) in any case—measures and procedures for oversight of the operation of the measures, procedures and requirements for paragraphs (a) to (f), including quality assurance and incident response. Note: The points of entry into a security restricted area at a designated airport that are access control points are set out in the airport operator’s TSP: see the definition of access control point in regulation 1.03.  (2A) For the purposes of paragraph (2)(fa), the requirements are as follows:  (a) the location of each access control point, controlled by the RACA, into the security restricted area;  (b) procedures to confirm the following:  (i) the identity of persons entering the security restricted area through access control points controlled by the RACA;  (ii) that persons, vehicles and things entering the security restricted area through access control points controlled by the RACA are authorised to do so;  (c) procedures to confirm that each person who enters the security restricted area through an access control point controlled by the RACA and who is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area:  (ii) holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;  (d) if checks are to be performed to confirm the matters mentioned in paragraphs (b) and (c) at a place in the vicinity of an access control point controlled by the RACA—the location of that place. Security programs for RACAs whose designation is renewed  (3) The Secretary may provide a RACA whose designation as a RACA is renewed under regulation 4.43E with a RACA security program that:  (a) is appropriate for the kind of business that is carried on by the RACA; and  (b) addresses the requirements set out in subregulation (2).  (a) a RACA’s designation is renewed under regulation 4.43E; and  (b) immediately before the RACA’s designation was renewed there was a RACA security program in force for the RACA (the original security program); and  (c) the Secretary does not provide the RACA with a RACA security program under subregulation (3); the original security program continues in force for the RACA. 4.46A  When a RACA security program is in force When a RACA security program comes into force  (1) A RACA security program for a RACA comes into force at the time specified in the security program.  (a) the time specified in the security program is earlier than the time at which the security program was given to the RACA; or the security program comes into force when the security program is given to the RACA. RACA security program remains in force for duration of designation  (3) The security program for the RACA remains in force for so long as the RACA is designated as a RACA. 4.46B  Secretary may vary RACA security program  (a) a RACA security program is in force for a RACA; and  (i) the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.46(2); or  (ii) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;  (d) must provide a copy of the varied security program to the RACA. Note: The Secretary may also direct the RACA to vary the security program, or the RACA may request the Secretary to vary the security program—see regulations 4.46D and 4.46E.  (2) However, the Secretary must not vary the security program under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.46(2).  (3) The RACA must, within 14 days of receiving the varied security program (the response period):  (a) notify the Secretary, in writing, that the RACA accepts the varied security program; or  (i) notify the Secretary, in writing, that the RACA rejects the varied security program; and  (ii) request the Secretary to revoke, under regulation 4.44, the RACA’s designation as a RACA.  (4) If, within the response period, the RACA notifies the Secretary that the RACA accepts the varied security program, the varied security program comes into force 14 days after the day the RACA notifies the Secretary of the acceptance.  (5) If, within the response period, the RACA requests the Secretary to amend the varied security program, the RACA must give the Secretary:  (6) If, within the response period, the RACA does not take any of the actions mentioned in subregulation (3), the varied security program comes into force 14 days after the end of the response period. 4.46C  Consideration of request to amend RACA security program as varied by the Secretary  (1) The Secretary may, in relation to a request made by a RACA, under paragraph 4.46B(3)(b), to amend a varied RACA security program:  (a) whether the varied RACA security program, as proposed to be amended, addresses the requirements set out in subregulation 4.46(2);  (c) the current use of the varied RACA security program (if any) by a business of the kind carried on by the RACA;  (d) the efficient administration of the RACA scheme;  (b) provide the varied security program, as amended, to the RACA with the notice under subregulation (3); and  (c) specify in the notice the day on which the varied security program, as amended, comes into force (which must not be earlier than the day of the notice).  (6) If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (which must not be earlier than the day of the notice). 4.46D  Secretary may direct RACAs to vary security programs  (a) a RACA security program is in force for a RACA; and  (i) the Secretary is no longer satisfied that the security program adequately addresses the requirements set out in subregulation 4.46(2); or  (ii) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation; the Secretary may, by written notice given to the RACA, direct the RACA to vary the security program. Note: The Secretary may also vary the security program himself or herself, or the RACA may request the Secretary to vary the security program—see regulations 4.46B and 4.46E.  (2) However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the security program, as varied, would adequately address the requirements set out in subregulation 4.46(2).  (3) In the notice, the Secretary must:  (b) specify the period within which the RACA must give the Secretary the security program as varied.  (4) If the RACA gives the Secretary the security program: the Secretary must, by written notice given to the RACA, approve the variation. The variation comes into force when the notice is given. Note 1: As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.46A deals with the period for which a RACA security program is in force. Note 2: If the RACA does not vary the security program in accordance with the notice the RACA’s designation as a RACA may be revoked—see regulation 4.44B. 4.46E  RACA may request Secretary to vary RACA security program  (1) A RACA may request the Secretary to vary the RACA security program for the RACA. 4.46F  Consideration of request to vary RACA security program  (1) The Secretary may, in relation to a request made by a RACA, under subregulation 4.46E(1), to vary the RACA security program for the RACA:  (a) whether the RACA’s security program, as proposed to be varied, addresses the requirements set out in subregulation 4.46(2);  (c) the current use of the RACA security program (if any) by a business of the kind carried on by the RACA;  (d) the efficient administration of the RACA scheme;  (b) provide the varied security program to the RACA with the notice under subregulation (3); and  (c) specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).  (6) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period. 4.46G  Offence—failure to comply with RACA security program   A RACA commits an offence of strict liability if:  (a) there is a RACA security program in force for the RACA; and  (b) the RACA fails to comply with the security program. 4.46H  Offence—disclosing RACA security program information without consent  (b) the information is about the content of a RACA security program for a RACA; and  (c) the person does not have the consent of the RACA to disclose the information. Subdivision 4.1A.3—Accrediting accredited air cargo agents 4.47  Accredited air cargo agents   For paragraph 44C(2)(j) of the Act, a person is an AACA if:  (a) the person carries on a business that includes the handling, or making arrangements for the transport, of cargo; and  (b) the person is accredited by the Secretary as an AACA under this Subdivision. 4.48  Applying for accreditation as an AACA  (1) A person may apply, in writing, to the Secretary to be accredited as an AACA if the person:  (a) carries on a business that includes the handling, or making arrangements for the transport, of cargo; or  (b) intends to carry on such a business.  (b) access for inspection of one or more of the applicant’s sites to gather further information in relation to the application. 4.49  Decision on application  (1) The Secretary may, in relation to an application made by an applicant under regulation 4.48:  (a) accredit the applicant as an AACA; or  (b) refuse to accredit the applicant as an AACA.  (a) any further information provided by the applicant under paragraph 4.48(3)(a); and  (b) any further information obtained as a result of any inspections carried out under paragraph 4.48(3)(b); and Note: If the Secretary accredits the applicant as an AACA: (a) the notice must include the duration of the accreditation—see regulation 4.50; and (b) the Secretary must also provide the AACA with an AACA security program—see regulation 4.51F.  (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to accredit the applicant as an AACA at the end of that period.  (a) further information under paragraph 4.48(3)(a); or  (b) access for inspection of one or more of the applicant’s sites under paragraph 4.48(3)(b); then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.48(3), by the number of days falling within the period:  (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or  (ii) if the information or access was not provided within the period specified in the notice—the last day of that period. 4.50  Duration of accreditation  (1) An AACA’s accreditation as an AACA commences on the day specified in the notice under subregulation 4.49(3).  (b) if the applicant is not already carrying on a business that includes the handling, or making arrangements for the transport, of cargo—the day on which the applicant commences carrying on such a business.  (3) The accreditation continues in force until the earlier of:  (b) if the accreditation is revoked under regulation 4.51D, 4.51DA, 4.51DB or 4.51DC—the day the accreditation is revoked. Note: If an AACA applies for the AACA’s accreditation to be renewed before the end of the period mentioned in paragraph (a), the accreditation continues in force until a decision is made on the renewal application—see regulation 4.51C.  (4) The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the accreditation commences. 4.51  Action by Secretary in relation to accreditation  (1) If there is a change to an AACA’s operations resulting in the AACA no longer carrying on business in accordance with the requirements of the AACA’s security program, the Secretary may issue a notice, in writing, to the AACA in accordance with subregulation (2).  (a) that the AACA agree to restrict the AACA’s activities to those that are in accordance with the AACA’s security program;  (b) that the AACA agree to the Secretary imposing a condition on the AACA’s accreditation as an AACA relating to activities that are not in accordance with the AACA’s security program;  (c) that the AACA agree to comply with a different AACA security program;  (d) that the AACA’s accreditation as an AACA be revoked. Note: The Secretary may revoke the AACA’s accreditation as an AACA if the AACA does not accept a proposed action, or if the AACA accepts a proposed action but does not complete the action—see regulation 4.51DB.  (3) The AACA must:  (a) notify the Secretary, in writing, of which, if any, of the actions proposed in the notice the AACA will accept; and  (a) the notice proposes that the AACA’s accreditation as an AACA be revoked in accordance with paragraph (2)(d); and  (b) the AACA accepts the proposed action; the AACA is taken to have requested the Secretary to revoke the AACA’s accreditation under regulation 4.51D. 4.51A  Application for accreditation to be renewed  (1) An AACA may apply, in writing, to the Secretary for the AACA’s accreditation as an AACA to be renewed.  (2) The application may only be made within the last 12 months of the period for which the AACA’s accreditation is in force.  (4) The Secretary may request, in writing, that the AACA provide:  (b) access for inspection of one or more of the AACA’s sites to gather further information in relation to the application.  (7) The Secretary may refuse to consider the application until the AACA provides the further information or access. 4.51B  Decision on renewal of accreditation application  (1) The Secretary may, in relation to an application made by an AACA under regulation 4.51A:  (a) renew the AACA’s accreditation as an AACA; or  (b) refuse to renew the AACA’s accreditation as an AACA.  (a) any further information provided by the AACA under paragraph 4.51A(4)(a); and  (b) any further information obtained as a result of any inspections carried out under paragraph 4.51A(4)(b); and Note: If the Secretary renews the AACA’s accreditation as an AACA, the notice must include the duration of the renewed accreditation—see regulation 4.51CA.  (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to renew the AACA’s accreditation as an AACA at the end of that period.  (a) further information under paragraph 4.51A(4)(a); or  (b) access for inspection of one or more of the AACA’s sites under paragraph 4.51A(4)(b); then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.51A(4), by the number of days falling within the period:  (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or  (ii) if the information or access was not provided within the period specified in the notice—the last day of that period. 4.51C  Accreditation continues until decision on renewal application   If:  (a) an AACA makes an application for renewal of the AACA’s accreditation as an AACA under regulation 4.51A; and  (b) the Secretary has not made a decision on the application before the AACA’s accreditation is due to cease to be in force; the AACA’s accreditation is taken to continue until:  (c) if the Secretary renews the AACA’s accreditation as an AACA—the day specified in the notice under subregulation 4.51B(3) as the day on which the renewed accreditation commences; or  (d) if the Secretary refuses to renew the AACA’s accreditation as an AACA—the day the Secretary makes the decision to refuse the application. 4.51CA  Duration of renewed accreditation  (1) An AACA’s renewed accreditation as an AACA commences on the day specified in the notice under subregulation 4.51B(3) (which must not be earlier than the day the notice is given).  (2) The renewed accreditation continues in force until the earlier of:  (b) if the renewed accreditation is revoked under regulation 4.51D, 4.51DA, 4.51DB or 4.51DC—the day the renewed accreditation is revoked.  (3) The period specified in the notice must be at least 12 months, but not more than 5 years, after the day on which the renewed accreditation commences. 4.51D  Revocation of AACA accreditation on request  (1) The Secretary must revoke the accreditation of a person as an AACA if the person requests, in writing, the Secretary to revoke the accreditation. 4.51DA  Revocation of AACA accreditation to safeguard against unlawful interference with aviation  (1) The Secretary may, at any time by notice in writing, revoke the accreditation of a person as an AACA if the Secretary is satisfied on reasonable grounds that revoking the accreditation is in the interests of safeguarding against unlawful interference with aviation. 4.51DB  Revocation of AACA accreditation on other grounds  (1) The Secretary may revoke the accreditation of person as an AACA if:  (a) any information given in the AACA’s application under regulation 4.48 is false or misleading in a material particular; or  (b) if the AACA’s site has been inspected in accordance with paragraph 4.48(3)(b) or 4.51A(4)(b)—any information given during the inspection is false or misleading in a material particular; or  (c) the AACA has not accepted an action proposed in a notice issued under regulation 4.51; or  (d) the AACA has accepted an action proposed in a notice issued under regulation 4.51 but the AACA has not restricted the AACA’s activities, or has not complied with a condition imposed, in accordance with the notice; or  (e) if an application has been made for renewal of the AACA’s accreditation—any information given in the AACA’s application under regulation 4.51A is false or misleading in a material particular; or  (f) the AACA’s business no longer includes the handling, or making arrangements for the transport, of cargo; or  (g) the AACA has failed to comply with the AACA security program for the AACA; or  (h) the AACA has failed to comply with a direction to vary the AACA’s security program under regulation 4.51FD; or  (i) the AACA has failed to comply with a special security direction under section 73 of the Act.  (2) Before deciding to revoke an AACA’s accreditation under subregulation (1), the Secretary must:  (a) notify the AACA, in writing, of:  (b) invite the AACA to:  (i) make a submission as to why the AACA’s accreditation should not be revoked; and  (3) The period specified in the notice must be at least 14 days commencing on the day the notice is given (the response period).  (4) In deciding whether to revoke the AACA’s accreditation under subregulation (1), the Secretary must consider any submissions made within the response period.  (6) If the decision is to revoke the AACA’s accreditation, the notice must include the reasons for the decision.  (7) If the notice is not given within 28 days after the end of the response period, the Secretary is taken to have decided to revoke the AACA’s accreditation at the end of that period.  (9) If no submissions were made within the response period, the revocation has effect on the day after the last day of the response period.  (a) if the AACA was given a notice under subregulation (5)—the day after the AACA was given the notice; or  (b) if the AACA was not given a notice under subregulation (5)—the day after the Secretary is taken, under subregulation (7), to have decided to revoke the AACA’s accreditation. 4.51DC  Automatic revocation if AACA designated as a RACA Automatic revocation if designated as a RACA  (1) The accreditation of a person as an AACA is automatically revoked if the person is subsequently designated as a RACA.  (2) The revocation has effect on the day the person is designated as a RACA. 4.51E  Secretary’s list of AACAs  (1) The Secretary must keep a list of persons accredited as AACAs. Subdivision 4.1A.4—AACA security programs 4.51F  Secretary must provide AACA with security program Security program for persons accredited as AACAs  (1) If the Secretary accredits a person as an AACA under regulation 4.49, the Secretary must:  (a) provide the person with an AACA security program that is appropriate for the kind of business that is carried on by the AACA; and  (b) do so at the same time as the notice of the accreditation is given under subregulation 4.49(3).  (2) Without limiting subregulation (1), the AACA security program may set out requirements in relation to the following:  (a) measures and procedures to ensure security of the AACA’s facilities;  (b) measures and procedures to ensure security of the AACA’s personnel;  (c) training requirements and procedures for the AACA’s personnel;  (d) measures and procedures for handling cleared cargo;  (f) measures and procedures for handling high risk cargo;  (g) measures and procedures for oversight of the operation of the measures, procedures and requirements for paragraphs (a) to (f), including quality assurance and incident response. Security programs for AACAs whose accreditation is renewed  (3) The Secretary may provide an AACA whose accreditation as an AACA is renewed under regulation 4.51B with an AACA security program that is appropriate for the kind of business that is carried on by the AACA.  (a) an AACA’s accreditation is renewed under regulation 4.51B; and  (b) immediately before the AACA’s accreditation was renewed there was an AACA security program in force for the AACA (the original security program); and  (c) the Secretary does not provide the AACA with an AACA security program under subregulation (3); the original security program continues in force for the AACA. 4.51FA  When an AACA security program is in force When an AACA security program comes into force  (1) An AACA security program for an AACA comes into force at the time specified in the security program.  (a) the time specified in the security program is earlier than the time at which the security program was given to the AACA; or the security program comes into force when the security program is given to the AACA. AACA security program remains in force for duration of accreditation  (3) The security program for the AACA remains in force for so long as the AACA is accredited as an AACA. 4.51FB  Secretary may vary AACA security program  (a) an AACA security program is in force for an AACA; and  (b) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation;  (d) must provide a copy of the varied security program to the AACA. Note: The Secretary may also direct the AACA to vary the security program, or the AACA may request the Secretary to vary the security program—see regulations 4.51FD and 4.51FE.  (2) The AACA must, within 14 days of receiving the varied security program (the response period):  (a) notify the Secretary, in writing, that the AACA accepts the varied security program; or  (i) notify the Secretary, in writing, that the AACA rejects the varied security program; and  (ii) request the Secretary to revoke, under regulation 4.51D, the AACA’s accreditation as an AACA.  (3) If, within the response period, the AACA notifies the Secretary that the AACA accepts the varied security program, the varied security program comes into force 14 days after the day the AACA notifies the Secretary of the acceptance.  (4) If, within the response period, the AACA requests the Secretary to amend the varied security program, the AACA must give the Secretary:  (5) If, within the response period, the AACA does not take any of the actions mentioned in subregulation (2), the varied security program comes into force 14 days after the end of the response period. 4.51FC  Consideration of request to amend AACA security program as varied by the Secretary  (1) The Secretary may, in relation to a request made by an AACA, under paragraph 4.51FB(2)(b), to amend a varied AACA security program:  (a) existing circumstances as they relate to aviation security;  (b) the current use of the varied AACA security program (if any) by a business of the kind carried on by the AACA;  (c) the efficient administration of the AACA scheme;  (d) any other matter the Secretary considers relevant.  (b) provide the varied security program, as amended, to the AACA with the notice under subregulation (3); and  (c) specify in the notice the day on which the varied security program, as amended, comes into force (which must not be earlier than the day of the notice).  (6) If the Secretary refuses the request, the varied security program comes into force on the day specified in the notice under subregulation (3) (which must not be earlier than the day of the notice). 4.51FD  Secretary may direct AACAs to vary security programs  (a) an AACA security program is in force for an AACA; and  (b) the Secretary is satisfied on reasonable grounds that varying the security program is in the interests of safeguarding against unlawful interference with aviation; the Secretary may, by written notice given to the AACA, direct the AACA to vary the security program. Note: The Secretary may also vary the security program himself or herself, or the AACA may request the Secretary to vary the security program—see regulations 4.51FB and 4.51FE.  (2) In the notice, the Secretary must:  (b) specify the period within which the AACA must give the Secretary the security program as varied.  (3) If the AACA gives the Secretary the security program: the Secretary must, by written notice given to the AACA, approve the variation. The variation comes into force when the notice is given. Note 1: As the security program is not replaced, the variation does not affect the period for which the security program is in force. Regulation 4.51FA deals with the period for which an AACA security program is in force. Note 2: If the AACA does not vary the security program in accordance with the notice the AACA’s accreditation as an AACA may be revoked—see regulation 4.51DB. 4.51FE  AACA may request Secretary to vary AACA security program  (1) An AACA may request the Secretary to vary the AACA security program for the AACA. 4.51FF  Consideration of request to vary AACA security program  (1) The Secretary may, in relation to a request made by an AACA, under subregulation 4.51FE(1), to vary the AACA security program for the AACA:  (a) existing circumstances as they relate to aviation security;  (b) the current use of the AACA security program (if any) by a business of the kind carried on by the AACA;  (c) the efficient administration of the AACA scheme;  (d) any other matter the Secretary considers relevant.  (b) provide the varied security program to the AACA with the notice under subregulation (3); and  (c) specify in the notice the day on which the varied security program comes into force (which must not be earlier than the day of the notice).  (6) If the Secretary does not make a decision under subregulation (1) within 90 days of the request being made, the Secretary is taken to have refused the request at the end of the 90 day period. Subdivision 4.1A.5—Offences 4.51G  AACA must comply with security program  (1) An AACA commits an offence if:  (a) there is an AACA security program that is currently in force for the AACA; and  (b) the AACA fails to comply with the program.  (4) Subregulation (1) is an offence of strict liability. 4.51H  Offence—disclosing AACA security program information without consent  (b) the information is about the content of an AACA security program for an AACA; and  (c) the person does not have the consent of the AACA to disclose the information. Subdivision 4.1A.6—Other matters 4.51J  Offence—disclosure of information  (a) the person is an aviation industry participant (other than a known consignor, a RACA or an AACA); and  (b) the person discloses to another person details about the airline or flight on which particular cargo will be carried; and  (c) the disclosure is not in accordance with a security program.  (2) If:  (a) an aviation industry participant (other than a known consignor, a RACA or an AACA) discloses to another person details about the airline or flight on which particular cargo will be carried; and  (b) the disclosure is in accordance with a security program; the aviation industry participant must:  (c) make a record of the person who is given the airline or flight information; and  (d) keep the record for 90 days.  (3) A person commits an offence if the person contravenes subregulation (2). Division 4.2—Weapons 4.52  Aviation industry participants authorised to have weapons (not firearms) in possession in secure areas  (1) An aviation industry participant is authorised to have a weapon (other than a firearm) in its possession in an airside area or a landside security zone if:  (b) the aviation industry participant takes reasonable precautions to ensure that the weapon remains under its control.  (2) For paragraph (1)(a), something is a tool of trade if the relevant aviation industry participant requires it for a lawful purpose. 4.53  Persons authorised to have weapons or test weapons (not firearms) in possession in secure areas Weapons (other than firearms)  (1) Each of the following persons is authorised to have a weapon (not a firearm) in his or her possession in a secure area of an airport:  (a) an officer of Customs;  (b) an air security officer;  (c) a screening officer who is carrying the weapon to or from an aircraft because the weapon:  (d) an authorised representative of an airline operator who is carrying the weapon to or from an aircraft because the weapon:  (e) a representative of the screening authority who is lawfully testing the screening system.  (2) A person is authorised to have a weapon (other than a firearm) in his or her possession in a secure area if:  (b) the person keeps control of the weapon at all times.  (3) For paragraph (2)(b), the person ceases to have control of the weapon if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.  (4) For paragraph (2)(a) and subregulation (3), something is a tool of trade if:  (a) the person whose possession it is in requires it for the purpose for which he or she is in the relevant area or zone; and  (5) A person who is an aviation security inspector is authorised to have a test weapon in the person’s possession in a secure area if the person:  (b) requires the test weapon in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system. 4.54  Persons authorised to have firearms in possession in airside areas  (1) Each of the following persons is authorised to have a firearm in his or her possession in an airside area of an airport:  (a) a person who:  (i) with the consent of the airport operator, is engaged in controlling wildlife or other animals on the airport; and  (ii) if the airport is an airport from which a regular public transport operation operates—properly displays a valid ASIC; and  (iii) holds, and has on his or her person, a firearms licence, validly issued under the law of the State or Territory in which the airport is located, for the firearm; and  (iv) if a licence or permission is required under the law of the State or Territory for the person to shoot wildlife or animals on the airport, holds, and has on his or her person, such a licence or permission;  (b) an employee or contractor of a private security contractor who:  (i) with the consent of the airport operator is in, or facilitating the movement of, an armoured vehicle or a vehicle that is accompanying an armoured vehicle; and  (ii) if the airport is an airport from which a regular public transport operation operates—properly displays a valid ASIC; and  (iii) holds, and has on his or her person, a firearms licence, validly issued under the law of the State or Territory in which the airport is located, for the firearm; and  (iv) if required by State or Territory legislation—holds, and has on his or her person, a valid security guard licence (however described) issued under the law of the State or Territory; and  (v) stays close to at least 1 other person who is an employee or contractor of the private security contractor;  (c) a screening officer who is carrying the firearm to or from an aircraft because the firearm:  (d) an authorised representative of an airline operator who is carrying the firearm to or from an aircraft because the firearm:  (da) a representative of the screening authority who is lawfully testing the screening system;  (e) an officer of Customs;  (f) an air security officer. Note: For the purposes of paragraphs (a) and (b), the requirement to display an ASIC does not apply to security controlled airports that do not have regular public transport operations: see subregulation 3.03(4).  (2) A person (other than a person referred to in paragraph (1)(c), (d), (da), (e) or (f)) in an airside area of an airport who is carrying a firearm, or has a firearm close by and under his or her control, must, on demand by a law enforcement officer, an aviation security inspector or a representative of the airport operator or an airline operator, immediately show the law enforcement officer, aviation security inspector or representative:  (a) the person’s firearms licence; and  (b) if the person is a person referred to in paragraph (1)(b), the person’s security guard licence; and  (c) if the person is a person referred to in paragraph (1)(a), and the law of the State or Territory requires the person to hold a licence or permission referred to in subparagraph (1)(a)(iv)—that licence or permission.  (3) An offence against subregulation (2) is an offence of strict liability. Note: This regulation does not authorise a person to have a firearm in his or her possession in a land side security zone, including a sterile area. For the carriage of firearms in the sterile area, see the Act, section 46. 4.55  Persons authorised to carry weapons or test weapons through screening points—general Weapons  (1) The following persons are authorised to carry a weapon through a screening point:  (a) a screening officer on duty, or an employee or contractor of the airport operator or the operator of a screened aircraft (being an employee or contractor who is on duty), if:  (i) the weapon has been detected during screening; and  (ii) the weapon is to be stored until it is handed over in accordance with regulation 4.57; and  (iii) to reach the place where the weapon is to be stored or released, the weapon must be carried through the screening point; and  (iv) the weapon is carried in such a way that its presence is not apparent to members of the public;  (b) a screening officer on duty, or an employee or a contractor of the airport operator or the operator of a screened aircraft (being an employee or contractor who is on duty), if:  (i) the weapon has been surrendered for the purpose of being carried in the hold of the aircraft; and  (ii) the aircraft operator has agreed to carry the weapon in the hold of the aircraft; and  (iii) to reach the place where the weapon is to be checked in or to be loaded onto the aircraft, the weapon must be carried through the screening point; and  (iv) the weapon is carried in such a way that its presence is not apparent to members of the public;  (c) a representative of the screening authority who is lawfully testing the screening system.  (2) A person who is an aviation security inspector is authorised to carry a test weapon through a screening point if the person:  (b) requires the test weapon in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system. Note 1: This regulation does not authorise the carrying of a weapon through the sterile area, see the Act, section 46. Note 2: If a weapon has been surrendered for the purpose of being carried on an international aircraft as checked baggage, and the airline operator is not sure whether carriage of the weapon constitutes an offence of unlawful export under the Customs Act 1901, the airline operator should refer the matter to an officer of Customs before loading the weapon on the aircraft. 4.55A  Persons authorised to carry weapons through screening points—security restricted areas at designated airports Persons carrying tools of trade  (1) A person is authorised to carry a weapon (other than a firearm) through a screening point operating for the purposes of regulation 3.16E for a security restricted area at a designated airport if:  (a) the person requires it for the purpose for which he or she is entering, or is in, the security restricted area; and Counter‑Terrorism Unit members carrying firearms  (2) An officer of Customs is authorised to carry a firearm through a screening point operating for the purposes of regulation 3.16E for a security restricted area at a designated airport if he or she:  (a) is a member of a Counter‑Terrorism Unit of the Australian Border Force; and  (b) is wearing a Counter‑Terrorism Unit uniform; and  (c) has attached to that uniform an identification card, issued by the Australian Border Force, that identifies the officer as such a member and that the officer would be properly displaying if the identification card were an ASIC; and  (d) is performing duties in the area. Officers of Customs carrying weapons that have been seized or detained  (3) An officer of Customs (the relevant officer) is authorised to carry a weapon (including a firearm) through a screening point operating for the purposes of regulation 3.16E for a security restricted area at a designated airport if:  (a) the weapon has been seized or detained by an officer of Customs in connection with the enforcement of the Customs Act 1901 or another law of the Commonwealth; and  (b) the relevant officer is dealing with the weapon in accordance with such a law. Persons carrying firearms to control wildlife or other animals  (4) A person is authorised to carry a firearm through a screening point operating for the purposes of regulation 3.16E for a security restricted area at a designated airport if the person:  (a) with the consent of the airport operator, is engaged in controlling wildlife or other animals in the security restricted area; and  (b) if a regular public transport operation operates from the airport—properly displays a valid ASIC; and  (c) holds, and has on his or her person, a firearms licence, validly issued under the law of the State or Territory in which the airport is located, for the firearm; and  (d) if a licence or permission is required under the law of the State or Territory for the person to shoot wildlife or animals on the airport—holds, and has on his or her person, such a licence or permission. Note: For paragraph (b), the requirement to display an ASIC does not apply to security controlled airports that do not have regular public transport operations: see subregulation 3.03(4). Persons carrying firearms in armoured vehicles  (5) A person is authorised to carry a firearm through a screening point operating for the purposes of regulation 3.16E for a security restricted area at a designated airport if the person is an employee or contractor of a private security contractor who:  (a) with the consent of the airport operator, is in or facilitating the movement of an armoured vehicle or a vehicle that is accompanying an armoured vehicle; and  (b) holds, and has on his or her person, a firearms licence, validly issued under the law of the State or Territory in which the airport is located, for the firearm; and  (c) if required by State or Territory legislation—holds, and has on his or her person, a valid security guard licence (however described) issued under the law of the State or Territory. 4.56  Persons authorised to have firearms in possession in sterile areas   An air security officer is authorised to have a firearm in his or her possession in a sterile area. 4.57  Dealing with weapons surrendered at security controlled airports  (1) This regulation sets out how to deal with a weapon surrendered by a person at a security controlled airport.  (2) A weapon surrendered at a security controlled airport is to be stored and handled in accordance with any other applicable Commonwealth law or any applicable State or Territory law. 4.58  Dealing with weapons surrendered etc on aircraft  (1) This regulation sets out how to deal with a weapon surrendered by a person on a prescribed aircraft.  (2) If the person to whom the weapon is surrendered knows or suspects that the carriage of the weapon is an offence, he or she must cause the weapon to be handed over to a law enforcement officer in accordance with the law of the Commonwealth or a State or Territory as soon as practicable after the end of the flight.  (3) Until the weapon is handed over as required by subregulation (2), it must be stored in such a way that its presence is not apparent to passengers. 4.59  Persons authorised to have weapons or test weapons in possession on prescribed aircraft Weapons  (1) An air security officer is authorised to have a weapon in his or her possession on board a prescribed aircraft.  (2) A representative of the operator of a prescribed aircraft is authorised to possess a weapon on board the aircraft if:  (a) the weapon has been surrendered on board the aircraft; and  (b) the weapon is to be handed over to a law enforcement officer in accordance with the law of the Commonwealth or a State or Territory; and  (c) the weapon is to be stored until it is handed over; and  (d) the weapon is stored in such a way that its presence is not apparent to passengers.  (3) A person is authorised to have a weapon (other than a firearm) in his or her possession on a prescribed aircraft if:  (b) the person keeps control of the weapon at all times.  (4) For paragraph (3)(b), the person ceases to have control of the weapon if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.  (5) For paragraph (3)(a) and subregulation (4), something is a tool of trade if:  (a) the person whose possession it is in requires it for the purpose for which he or she is in a prescribed aircraft; and  (6) An aviation security inspector is authorised to possess a test weapon on board a prescribed aircraft if the inspector:  (b) requires the weapon in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system. 4.59A  Persons authorised to use firearms on prescribed aircraft  (1) For subsection 52(1) of the Act, an air security officer is authorised to use a firearm on board a prescribed aircraft if the use of the firearm is necessary to safeguard against unlawful interference with aviation.  (2) This regulation has extra‑territorial application under subsection 134(1) of the Act in relation to prescribed aircraft that are:  (a) Australian aircraft; or  (b) aircraft (other than Australian aircraft) engaged in Australian international carriage; while the aircraft are outside Australian territory. Division 4.3—Prohibited items 4.60  Prescription of sterile area   The sterile area of a security controlled airport is prescribed for the purposes of paragraphs 54(1)(aa) and (3)(aa) of the Act. 4.61  Aviation industry participants authorised to have prohibited items in possession in sterile areas  (1) An aviation industry participant is authorised to have a prohibited item in its possession in the sterile area if:  (a) the item is a tool of trade; and  (b) the aviation industry participant takes reasonable precautions to ensure that the item remains under its control.  (2) For paragraph (1)(a), something is a tool of trade if the relevant aviation industry participant requires it for a lawful purpose. 4.62  Persons authorised to have prohibited items that are tools of trade in possession in sterile areas  (1) A person (other than a person who is an aviation industry participant) described in an item of the following table is authorised to have a prohibited item in his or her possession in the sterile area if:  (a) any limitations specified in the item are met; and  (b) the item is a tool of trade in relation to the person; and  (c) the person keeps control of the item at all times.   | Column 1 Item | Column 2 Person | Column 3 Limitations | | --- | --- | --- | | 1 | An employee of an aviation industry participant who occupies or controls an area of a security controlled airport, or an employee of a contractor to such an aviation industry participant | In an area which the participant occupies or controls | | 2 | An employee of the operator of a security controlled airport | — | | 3 | An employee of a contractor to the operator of a security controlled airport | — | | 4 | An employee of an operator of a prescribed air service | — | | 5 | An employee of a contractor to an operator of a prescribed air service | — | | 6 | An officer of Customs, a biosecurity official or an officer of the Immigration Department, on duty at the airport concerned | — | | 7 | An officer of a fire service, rescue service or ambulance service, or a medical practitioner, attending at an emergency at the airport | — | | 8 | A medical practitioner or paramedic attending a person who suffers from a medical condition | — |  (2) For paragraph (1)(c), a person ceases to have control of an item if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.  (3) For paragraph (1)(b) and subregulation (2), something is a tool of trade if:  (a) the person whose possession it is in requires it for the purpose for which he or she is in the sterile area; and  (4) A person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in the sterile area if:  (b) the person shows a screening officer a medical certificate to that effect.  (5) A person who is caring for another person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in the sterile area if:  (b) the person shows a screening officer a medical certificate to that effect. 4.63  Persons authorised to have prohibited items in possession in sterile areas  (1) An air security officer is authorised to have a prohibited item in his or her possession in a sterile area.  (2) A person escorting a person in custody is authorised to have a prohibited item in his or her possession in the sterile area if the item is reasonably necessary in connection with the escort.  (3) An aviation security inspector is authorised to have a prohibited item in the inspector’s possession in the sterile area if the inspector:  (b) requires the item in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system. 4.64  Persons authorised to carry prohibited items through screening point  (1) A screening officer on duty, or an employee of, or a contractor to, the operator of a screened aircraft (being an employee or contractor who is on duty) is authorised to carry a prohibited item through a screening point if:  (a) the item has been detected during screening; and  (b) the item is to be stored until it is disposed of; and  (c) to reach the place where the item is to be stored, it must be carried through the screening point; and  (d) the item is carried in such a way that its presence is not apparent to members of the public.  (2) A screening officer on duty, or an employee of, or a contractor to, the operator of a screened aircraft (being an employee or contractor who is on duty) is authorised to carry a prohibited item through a screening point if:  (a) the item has been surrendered for the purpose of being carried in the hold of the aircraft; and  (b) the aircraft operator has agreed to carry the item in the hold of the aircraft; and  (c) to reach the place where the item is to be loaded onto the aircraft, the item must be carried through the screening point; and  (d) the item is carried in such a way that its presence is not apparent to members of the public.  (3) A person escorting a person in custody is authorised to carry a prohibited item through a screening point if the item is reasonably necessary in connection with the escort.  (4) A person who suffers from a medical condition is authorised to carry a prohibited item through a screening point if:  (b) the person shows a screening officer, or a representative of the screening authority, a medical certificate to that effect.  (5) A person who is caring for another person who suffers from a medical condition is authorised to carry a prohibited item through a screening point if:  (b) the person shows a screening officer, or a representative of the screening authority, a medical certificate to that effect.  (6) An aviation security inspector is authorised to carry a prohibited item through a screening point if the inspector:  (b) requires the item in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system. 4.65  Persons authorised to have prohibited items in possession on prescribed aircraft  (1) An air security officer is authorised to have a prohibited item in his or her possession on board a prescribed aircraft.  (2) An officer of Customs is authorised to have a prohibited item in his or her possession on board a prescribed aircraft if the officer is undertaking duties in accordance with the Customs Act 1901.  (2A) An aviation security inspector is authorised to have a prohibited item in the inspector’s possession on board a prescribed aircraft if the inspector:  (b) requires the item in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.  (3) A representative of the operator of a prescribed aircraft is authorised to possess a prohibited item on board the aircraft if:  (a) the item has been surrendered on board the aircraft; and  (b) the item is to be stored; and  (c) the item is stored in such a way that its presence is not apparent to passengers.  (4) A person is authorised to have a prohibited item in his or her possession in a prescribed aircraft if:  (a) the prohibited item is a tool of trade; and  (b) the person keeps control of the prohibited item at all times.  (5) For paragraph (4)(b), the person ceases to have control of the prohibited item if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.  (6) For paragraph (4)(a) and subregulation (5), something is a tool of trade if:  (a) the person whose possession it is in requires it for the purpose for which he or she is in a prescribed aircraft; and  (7) A person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in a prescribed aircraft if:  (b) the person shows a representative of the aircraft operator a medical certificate to that effect.  (8) A person who is caring for another person who suffers from a medical condition is authorised to have a prohibited item in his or her possession in a prescribed aircraft if:  (b) the person shows a representative of the aircraft operator a medical certificate to that effect. Division 4.4—On‑board security 4.66  Management and control of passengers  (1) The operator of a domestic regular public transport operation or domestic open charter operation or international regular public transport operation or international open charter operation must carry on board an aircraft enough restraining devices to permit the restraint of at least 2 passengers.  (2) The restraining devices must be stored on the aircraft in a place that:  (a) is readily accessible to the aircraft’s crew; and  (b) is not visible nor readily accessible to the aircraft’s passengers. 4.67  Security of flight crew compartment—all aircraft  (1) This regulation applies to an aircraft that is used to operate a prescribed air service.  (2) If such an aircraft has a cockpit door:  (a) the door must be able to be locked; and  (b) there must be a means for the cabin crew to communicate with the flight crew while the door is locked.  (3) If the aircraft has a cockpit door, the door must remain locked from the time the aircraft’s passenger doors are closed and secured for departure until they are unlocked to allow the passengers to disembark, except:  (a) when necessary to allow a person to enter or leave the cockpit; or  (b) when otherwise necessary for safety reasons.  (4) A person must not be allowed to enter the cockpit after the aircraft has taken off unless:  (a) he or she is authorised to do so by the aircraft’s pilot in command or the aircraft’s operator and:  (i) is a member of the aircraft’s crew; or  (ii) is an employee of the aircraft’s operator; or  (iii) is authorised or required by the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 to enter the cockpit; and  (b) he or she holds appropriate identification as a person referred to in paragraph (a).  (5) If subregulation (2), (3) or (4) is contravened, the operator of the aircraft concerned commits an offence.  (6) A contravention of subregulation (5) is an offence of strict liability.  (7) It is a defence to a charge of contravening subregulation (2) or (3) that the aircraft concerned:  (a) had a faulty door lock, or that the door lock became faulty during flight; and  (b) was being returned to a place at which the lock could be repaired.  (8) If an operator is returning an aircraft with a faulty door lock to a place at which the lock can be repaired, the operator of the aircraft must inform the Secretary, as soon as practicable, of:  (a) the flight; and  (b) the measures taken to ensure that the cockpit of the aircraft is secure during the flight. 4.68  Additional requirements for security of flight crew compartment—aircraft with seating capacity 30 or more  (1) This regulation applies in relation to an aircraft operated for the purposes of a regular public transport operation or an open charter operation (in each case, whether a domestic or an international air service).  (2) The operator of an aircraft that has a certificated maximum passenger seating capacity of 30 to 59 must not operate the aircraft unless the aircraft is equipped with a cockpit door that is:  (a) designed to resist forcible intrusion by unauthorised persons; and  (b) capable of withstanding impacts of at least 300 joules at critical locations; and  (c) capable of withstanding at least 1113 newtons constant tensile load on the knob or handle; and  (d) designed to resist penetration by small arms fire and fragementation devices to a level equivalent to level IIIa of the United States National Institute of Justice Standard (NIJ) 0101.04 Revision A, as in force on 15 January 2002.  (3) The operator of an aircraft that has a certificated maximum passenger seating capacity of 60 or more must not operate the aircraft unless the aircraft is equipped with a cockpit door that complies with section 13.2.2 of Annex 6, Operation of Aircraft, to the Chicago Convention, as in force on 28 November 2002. Note: The section is as follows: ‘13.2.2 From 1 November 2003, all passenger‑carrying aeroplanes of a maximum certificated take‑off mass in excess of 45 500 kg or with a passenger seating capacity greater than 60 shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small‑arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorized persons. This door shall be capable of being locked and unlocked from either pilot’s station.’.  (4) A contravention of subregulation (2) or (3) is an offence of strict liability.  (5) The Secretary may, by instrument in writing, exempt an operator of a specified aircraft from compliance with subregulation (2) or (3). 4.69  Pre‑flight security checks  (1) Before an aircraft operates a prescribed air service, its operator must ensure that a pre‑flight security check of the aircraft is carried out in accordance with subregulations (2), (3), (4) and (5):  (a) if the flight is the aircraft’s first flight since returning to service after maintenance carried out outside the airside area of a security controlled airport; or  (b) unless, since the aircraft’s previous flight, it has been continuously protected, in the way set out in the operator’s TSP, from unauthorised access.  (2) The checks must include:  (a) a comprehensive inspection of the interior of the aircraft, including the passenger cabin, seats, overhead baggage lockers, toilets, catering and food preparation areas, flight deck and crew rest stations, and cargo hold; and  (b) an inspection of any unlocked storage facilities in a part of the aircraft mentioned in paragraph (a); and  (c) an inspection of the parts of the aircraft’s exterior that are reasonably accessible.  (3) The check of the cargo holds must be done before any cargo is loaded.  (4) The check of the passenger cabin must be done before any passenger boards the aircraft.  (5) The check of the baggage compartments must be done before any baggage is loaded. 4.70  Training programs  (1) The operator of a prescribed air service must establish and maintain a training program in accordance with subregulation (2).  (2) There must be a program for crew that provides training in:  (a) deciding the seriousness of an occurrence; and  (b) crew communication and coordination; and  (c) appropriate self‑defence; and  (d) the use of non‑lethal protective devices, to the extent permitted by law; and  (e) understanding the behaviour of terrorists; and  (f) exercises simulating threatening situations; and  (g) flight deck procedures to protect the aircraft; and  (h) procedures for searching the aircraft; and  (i) least‑risk bomb locations for aircraft. 4.71  Unattended aircraft—aircraft operating prescribed air service   If an aircraft that is operated for the purposes of a prescribed air service is not under the continuous supervision of a person authorised by its operator for that purpose, its operator must take reasonable measures to prevent an unauthorised person having access to the aircraft. 4.72  Unattended aircraft Australian aircraft has the same meaning as in the Civil Aviation Act 1988.  (2) There must be reasonable measures taken to protect an Australian aircraft that is a powered aircraft (other than an aircraft to which regulation 4.71 applies) against being flown by an unauthorised person.  (3) For subregulation (2), reasonable measures include, for example:  (a) wheel locks or clamps; or  (b) lockable control locks; or  (c) the aircraft being chained or padlocked to a permanent tie‑down point; or  (d) the aircraft being inside a locked hangar.  (4) The measures taken:  (a) must be reasonably effective to prevent the aircraft being flown by an unauthorised person; and  (b) must be discernible from outside the aircraft; and  (c) must not compromise the aircraft’s safety.  (5) If subregulation (2) or (4) is contravened, the registered operator (within the meaning given by the Civil Aviation Safety Regulations 1998) of the aircraft concerned is guilty of an offence. Division 4.5—Movement of persons in custody Subdivision 4.5.1—Movement of persons in custody—preliminary 4.73  Definitions approved form means a form approved under regulation 4.90. custodial agency, for a person in custody, means:  (a) for a person in custody to whom Subdivision 4.5.2 applies—the Immigration Department; or  (b) for a person in custody to whom Subdivision 4.5.3 applies—the enforcement agency for the person within the meaning of regulation 4.83(1). dangerous:  (a) for a person in custody to whom Subdivision 4.5.2 applies—has the meaning given by subregulation 4.75(1); and  (b) for a person in custody to whom Subdivision 4.5.3 applies—has the meaning given by subregulation 4.83(2). non‑standard movement, in relation to a flight of a prescribed aircraft, has the meaning given by regulation 4.88. supervised departure, in relation to a person, means the unescorted departure from Australia of the person, where:  (a) the person is not an Australian citizen; and  (b) the person is cooperating in the departure process; and  (c) until he or she departs from Australia, the person is:  (i) in immigration detention; and  (ii) under the supervision of an officer under the Migration Act. Subdivision 4.5.2—Movement of persons in custody under the Migration Act 4.74  Application of this Subdivision  (1) This Subdivision applies in relation to the travel, on a prescribed aircraft, of persons in custody under the Migration Act.  (2) This Subdivision does not apply to or in relation to:  (a) a person who is in custody because that person has been taken into custody (otherwise than under the Migration Act) at a security controlled airport, or on a prescribed aircraft; or  (b) the departure of a person who has been refused entry at an airport and leaves Australia within 72 hours; or  (c) the departure from Australia of a person who holds a bridging visa (within the meaning of the Migration Act), and whose departure is monitored by the Immigration Department. 4.75  Meaning of dangerous for this Subdivision  (1) In this Subdivision, a person in custody is dangerous if:  (a) the Immigration Department has assessed him or her as being:  (i) likely to attempt to commit an unlawful interference with aviation; or  (ii) likely to attempt to escape; or  (b) the Immigration Department is aware that:  (i) the person has been charged with an offence involving violence against a person or serious damage to property; and  (ii) the charge is still to be resolved; or  (c) the Immigration Department is aware that the person has been convicted of an offence involving violence against a person or serious damage to property.  (2) For the purposes of subparagraph (1)(b)(ii), a charge for an offence is resolved in relation to a person at the later of the following times:  (a) when:  (i) the charge is withdrawn; or  (ii) the charge is dismissed; or  (iii) the person is not committed on the charge following a committal hearing; or  (iv) the person is acquitted of the offence; or  (v) the person is sentenced for the offence; or  (vi) the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or  (vii) the charge is otherwise finally dealt with;  (b) if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;  (c) if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined. Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.  (3) Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914. Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them. 4.76  Provision of information to operator of prescribed air service—supervised departures  (c) the person is undertaking the flight for the purposes of a supervised departure.  (2) The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.  (i) 6 hours before the intended start of the flight; or 4.77  Provision of information to operator of prescribed air service—escorted domestic travel maintaining immigration detention  (i) is in immigration detention; and  (ii) will be escorted on the flight; and  (iii) is not dangerous; and  (d) the flight is a domestic air service; and  (e) the person is not undertaking the flight for the purposes of a supervised departure.  (2) The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.  (i) 24 hours before the intended start of the flight; or 4.78  Provision of information to operator of prescribed air service—escorted international travel by non‑dangerous persons  (i) will be escorted on the flight; and  (ii) is not dangerous; and  (d) the flight is an international air service.  (2) The Immigration Department must give the operator of the prescribed air service a written notice relating to the person. 4.79  Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel by dangerous persons  (i) will be escorted on the flight; and  (ii) is dangerous.  (2) The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.  (3) A notice under subregulation (2) must:  (4) If the operator of the prescribed air service endorses the operator’s consent on the notice, the Immigration Department must:  (a) ensure that a copy of the endorsed notice is sent to the operator of each security controlled airport through which the person will travel; and  (b) do so not later than:  (i) 12 hours before the person’s intended arrival at the airport; or  (ii) if a later time is agreed to by the operator of the security controlled airport—that later time. 4.80  Escort arrangements for flights involving movements of non‑dangerous persons  (c) the person is not dangerous.  (2) Such a person, or 2 or more such persons, must be escorted, unless the Immigration Department and the operator of the prescribed air service agree that the person or persons be unescorted.  (3) If the person or persons are escorted, there is no set number of escorts required. 4.81  Provision of information to prescribed aircraft’s pilot in command   The operator of a prescribed air service on which a person in custody is to be carried must notify the prescribed aircraft’s pilot in command of the following before the aircraft’s departure:  (a) that a person in custody is to be carried on the aircraft;  (b) the conditions under which the person is to be carried. Subdivision 4.5.3—Movement of persons in custody other than under the Migration Act 4.82  Application of this Subdivision  (1) This Subdivision applies in relation to the travel, on a prescribed aircraft, of persons in custody under a law other than the Migration Act.  (2) This Subdivision does not apply to or in relation to a person who is in custody because that person has been taken into custody at a security controlled airport, or on a prescribed aircraft. 4.83  Definitions for this Subdivision  (1) In this Subdivision: enforcement agency means:  (a) in the case of a person being moved from one custodial facility to another—the agency responsible for the custodial facility from which the person is being moved; or  (b) in the case of a person in custody under the Fisheries Management Act 1991:  (i) if the person who has the person in custody is an officer of Customs (within the meaning of the Customs Act 1901)—the Immigration Department; or  (ii) if the person who has the person in custody is a member or special member of the Australian Federal Police—the Australian Federal Police; or  (iii) if the person who has the person in custody is a member of the police force or police service of a State or Territory—the police force; or  (iv) if the person who has the person in custody is a member of Australian Defence Force—the Australian Defence Force; or  (v) in any other case—the Australian Fisheries Management Authority; or  (c) in the case of a person (other than a person described in paragraph (a)) in custody under an Act other than the Fisheries Management Act 1991—the Australian Federal Police or the police force or police service of a State or Territory; or  (d) in the case of a person (other than a person described in paragraph (a)) in custody under a law of a State or Territory—the police force or police service of the State or Territory.  (2) In this Subdivision, a person in custody is dangerous if:  (a) the enforcement agency that has the person in custody (the relevant enforcement agency) has assessed him or her as being:  (i) likely to attempt to commit an unlawful interference with aviation; or  (ii) likely to attempt to escape; or  (b) the person has been charged with an offence that:  (i) is an offence against a person or involving actual or threatened damage to property; and  (ii) is punishable by imprisonment for 5 years or more; and  (iii) the charge is still to be resolved; or  (c) the person has been convicted of an offence that:  (i) is an offence against a person or involving actual or threatened damage to property; and  (ii) the offence is punishable by imprisonment for 5 years or more.  (3) For the purposes of subparagraph (2)(b)(iii), a charge for an offence is resolved in relation to a person at the later of the following times:  (a) when:  (i) the charge is withdrawn; or  (ii) the charge is dismissed; or  (iii) the person is not committed on the charge following a committal hearing; or  (iv) the person is acquitted of the offence; or  (v) the person is sentenced for the offence; or  (vi) the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or  (vii) the charge is otherwise finally dealt with;  (b) if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;  (c) if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined. Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.  (4) Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914. Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them. 4.84  Provision of information to operator of prescribed air service and operator of security controlled airport—escorted travel  (b) a person in the custody of an enforcement agency is to be a passenger on the flight; and  (c) the person will be escorted on the flight.  (2) The enforcement agency must give the operator of the prescribed air service a written notice relating to the person.  (3) A notice under subregulation (2) must:  (a) the person in custody is dangerous; and  (b) the operator of the prescribed air service endorses the operator’s consent on the notice; the enforcement agency must:  (c) ensure that a copy of the endorsed notice is sent to the operator of each security controlled airport through which the person will travel; and  (d) do so not later than:  (i) 12 hours before the person’s arrival at the airport; or  (ii) if a later time is agreed to by the operator of the security controlled airport—that later time. 4.85  Escort arrangements for flights involving movements of non‑dangerous persons  (c) the person is not dangerous.  (2) Such a person, or 2 or more such persons, must be escorted, unless the enforcement agency that has the person or persons in custody and the operator of the prescribed air service agree that the persons be unescorted.  (3) If the person or persons are escorted, there is no set number of escorts required. 4.86  Provision of information to prescribed aircraft’s pilot in command   The operator of a prescribed air service on which a person in custody is to be carried must notify the prescribed aircraft’s pilot in command of the following before the aircraft’s departure:  (a) that a person in custody is to be carried on the aircraft;  (b) the conditions under which the person is to be carried. Subdivision 4.5.4—Movement of persons in custody—dangerous persons 4.87  Required escort arrangements for flights involving movements of dangerous persons  (c) the person is dangerous.  (2) If the person in custody is travelling:  (a) the person must be escorted at all times, when on the prescribed aircraft or at a security controlled airport, by at least 2 escorts; and  (b) at least one of the escorts must be of the same sex as the person; and  (c) the escorts:  (i) must be law enforcement officers or persons of a kind agreed to between the operator of the prescribed air service and the custodial agency for the person in custody; and  (ii) must not be crew members of the aircraft on which the person is travelling; and  (d) the custodial agency must provide the escorts, unless the custodial agency and the operator of the prescribed air service agree that the operator will provide the escorts. Subdivision 4.5.5—Movement of persons in custody—non‑standard movements 4.88  Meaning of non‑standard movement  (1) A flight of a prescribed aircraft that is being used for a prescribed air service involves a non‑standard movement if:  (a) more than 2 escorted persons in custody are travelling on the flight, other than in the circumstances mentioned in subregulation (2); or  (b) more than one escorted person in custody who is dangerous is travelling on the flight; or  (c) an individual escort is responsible for both:  (i) a person in custody who is dangerous who is travelling on the flight; and  (ii) one or more other persons in custody who are travelling on the flight.  (2) For the purposes of paragraph (1)(a), the circumstances are:  (a) more than 2 escorted persons are travelling on the flight in the custody of a custodial agency; and  (b) in the custodial agency’s opinion, those persons are all members of a family unit; and  (c) none of the persons are dangerous; and  (d) the operator of the prescribed air service and the custodial agency have agreed on escort arrangements for the persons to be carried on the aircraft; and  (e) no other escorted persons are travelling on the flight. 4.89  Agreement on escort arrangements required for flights involving non‑standard movements  (b) the flight involves a non‑standard movement.  (2) The aircraft must not be used for the flight unless:  (a) the operator of the prescribed air service; and  (b) the custodial agency or agencies for each person in custody travelling on the flight; have agreed on escort arrangements for the persons in custody.  (3) To avoid doubt, for the purposes of subregulation (2) there is no set number of escorts required. Subdivision 4.5.6—Movement of persons in custody—miscellaneous 4.90  Approved forms   The Secretary may, in writing, approve a form for a notice that is required to be given under this Division. 4.91  Use of single notice for a flight carrying multiple persons in custody   If any one or more of regulations 4.76, 4.77, 4.78, 4.79 and 4.84 apply in relation to a flight of a prescribed aircraft in respect of 2 or more persons in custody, the custodial agency or agencies for the persons in custody may provide a single notice relating to all of the persons. 4.92  Interaction between criminal law and information obligations   To avoid doubt, nothing in this Division requires a custodial agency to give an operator of a prescribed air service or an airport operator any information the disclosure of which would constitute an offence under a law of the Commonwealth, a State or a Territory. 4.93  Incorrect or incomplete information   If a custodial agency finds out that any information that the agency has given to an operator of a prescribed air service or an airport operator is incorrect or incomplete, the agency must give the correct or missing information to the operator as soon as practicable. Division 4.6—Control directions 4.95  Compliance control directions  (1) An aviation security inspector may give a compliance control direction orally or in writing.  (2) However, if an aviation security inspector gives such a direction orally, he or she must, as soon as practicable, confirm it in writing.  (3) The written confirmation must:  (a) identify the direction; and  (b) set out the reasons for giving it.  (4) If the direction was given to the pilot in command of a prescribed aircraft, the written confirmation may be given either to the pilot or to the aircraft’s operator.  (5) An aviation security inspector who has given a compliance control direction must notify the Secretary in writing, as soon as practicable, that he or she has given the direction and its content. Part 5—Powers of officials Division 5.1—Aviation security inspectors 5.01  Identity cards  (1) For subsection 78(2) of the Act, the requirements as to the form of an identity card are as follows:  (a) the card must set out the holder’s full name;  (b) the card must bear a recent photograph of the holder;  (c) the card must bear a statement to the effect that the holder is an aviation security inspector for the purposes of Part 5 of the Act and this Part;  (d) the card must bear the signatures of the holder and the Secretary.  (2) If a person representing or apparently representing an aviation industry participant so requests, an aviation security inspector must show his or her identity card to the person.  (2A) Subregulation (2) does not apply if:  (a) the aviation security inspector is exercising a power under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system; and  (b) the inspector reasonably believes that showing the inspector’s identity card to the person would adversely affect the effectiveness of the test.  (3) A person who ceases to be an aviation security inspector must return his or her identity card to the Secretary within 7 days.  (4) Before an aviation security inspector exercises any power under these Regulations (other than regulation 7.08) in relation to a person, the inspector must show his or her identity card to the person. 5.02  Requirements for testing security systems Requirements relating to general security systems testing  (1) For the purposes of paragraph 79(2)(h) of the Act, the following requirements are prescribed:  (a) if the aviation security inspector proposes to use a test weapon to conduct a test of a security system, the inspector:  (i) must, in advance of the test, notify each agency specified in subregulation (3) (to the extent that the agency has functions or powers in relation to the place in which the test is to be conducted) of the location, time and day on which the test will be conducted; and  (ii) must hold, and have in the inspector’s possession at the time of the test, any licence or permission that is required for the inspector to possess and use the test weapon to test the security system under the law of the State or Territory in which the test is to be conducted; and  (iii) must carry, transport and store the test weapon in accordance with any requirements under the law of the State or Territory in which the test is to be conducted;  (b) upon completion of the test, the inspector:  (i) must advise the person representing or apparently representing an aviation industry participant at the test that the inspector is an aviation security inspector; and  (ii) must show that person the inspector’s identity card;  (c) within a reasonable time after the test, the inspector must provide a report of the outcome of the test to each aviation industry participant responsible for the security system that was tested. Requirements relating to aircraft security systems testing  (2) For the purposes of paragraph 80(2)(f) of the Act, the following requirements are prescribed:  (a) the aviation security inspector must include in the notice given to the aircraft operator under subsection 80(3) of the Act, the location, time and day on which a test of a security system will be conducted;  (b) the inspector must, in advance of the test, also notify the following persons and agencies of the location, time and day on which the test will be conducted:  (i) the airport operator of the airport at which the test is to be conducted;  (ii) each agency specified in subregulation (3) to the extent that the agency has functions or powers in relation to the aircraft in which the test is to be conducted;  (c) if the inspector proposes to use a test weapon to conduct a test of a security system, the inspector:  (i) must hold, and have in the inspector’s possession at the time of the test, any licence or permission that is required for the inspector to possess and use the test weapon to test the security system under the law of the State or Territory in which the test is to be conducted; and  (ii) must carry, transport and store the test weapon in accordance with any requirements under the law of the State or Territory in which the test is to be conducted;  (d) upon completion of the test, the inspector:  (i) must advise the person representing or apparently representing an aviation industry participant at the test that the inspector is an aviation security inspector; and  (ii) must show that person the inspector’s identity card;  (e) within a reasonable time after the test, the inspector must provide a report of the outcome of the test to the aircraft operator and any other aviation industry participant responsible for a security system that was tested. Agencies for notification  (3) For the purposes of subparagraphs (1)(a)(i) and (2)(b)(ii), the following agencies are specified:  (a) the Australian Federal Police;  (b) the police force of a State or Territory;  (c) the Australian Border Force. Division 5.2—Airport security guards 5.03  Training and qualifications of airport security guards  (1) For paragraph 91(2)(a) of the Act, the training and qualification requirements for an airport security guard are:  (a) that he or she:  (i) holds at least a Certificate II in Security Operations; or  (ii) holds another qualification that, in the Secretary’s opinion, is equivalent to a Certificate II in Security Operations; and  (b) that he or she is licensed as a security guard in the State or Territory in which the airport is located, if required by State or Territory legislation; and  (c) that he or she has completed training, approved by the Secretary, that is designed to ensure familiarity with the Act (in particular, the power of an airport security guard under section 92) and these Regulations.  (2) For paragraph 91(2)(a) of the Act, an additional training requirement for an airport security guard employed at an airport from which screened air services do not operate is that he or she has completed training, approved by the Secretary, that is designed to ensure competency in the use of a hand‑held metal detector.  (3) The operator of a security controlled airport from which screened air services do not operate must ensure that the operator has access to the services of at least 1 airport security guard who meets:  (a) the training and qualification requirements mentioned in subregulation (1); and  (b) the training requirement mentioned in subregulation (2). Note: The use of hand‑held metal detectors at a security controlled airport from which a screened air service does not operate is regulated—see regulation 4.07.  (4) Subregulation (3) does not apply to operators of security controlled airports from which regular public transport operations do not operate. 5.04  Identity cards for airport security guards   For paragraph 91(2)(b) of the Act, an airport security guard at an airport from which a regular public transport operation operates must hold, and while on duty must at all times properly display, a valid ASIC. Note: The requirement to display an ASIC does not apply to security controlled airports that do not have regular public transport operations, see subregulation 3.03(4). 5.05  Uniforms of airport security guards   For paragraph 91(3)(a) of the Act, an airport security guard must wear a distinctive and recognisable uniform. Division 5.4—Eligible customs officers 5.09  Training of eligible customs officers   For paragraph 89B(1)(c) of the Act, the training requirement for an eligible customs officer is completion by the officer of training approved by the Secretary that is designed to ensure familiarity with the Act and these Regulations (in particular, the powers of an eligible customs officer under Division 3A of Part 5 of the Act and Parts 6 and 7 of these Regulations). 5.10  Identity cards for eligible customs officers   For paragraph 89B(2)(a) of the Act, an eligible customs officer must hold, and while on duty must at all times properly display, a valid ASIC. 5.11  Uniforms of eligible customs officers   For paragraph 89B(2)(b) of the Act, an eligible customs officer must wear a distinctive and recognisable uniform. Part 6—Security identification Division 6.1—Preliminary 6.01  Definitions for this Part  (1) In this Part: adverse criminal intelligence assessment has the same meaning as in Part III of the Australian Crime Commission Act 2002. Note: For a person’s notification and review rights in relation to an adverse criminal intelligence assessment, see section 54E and Division 4 of Part III of the Australian Crime Commission Act 2002. adverse criminal record, in relation to a person, has the meaning given in subregulation (2). AFP means the Australian Federal Police established under the Australian Federal Police Act 1979. agent means an agent, of an airport operator or a Secretary‑approved VIC issuer, authorised to issue VICs on behalf of the airport operator or Secretary‑approved VIC issuer under regulation 6.37G. ASIC program, for an issuing body, means a program of the kind described in regulation 6.06, and includes a program of that kind as varied under regulation 6.09 or 6.10. ASIO means the Australian Security Intelligence Organisation established under the Australian Security Intelligence Organisation Act 1979. AusCheck scheme means the scheme prescribed for the purposes of section 8 of the AusCheck Act 2007. aviation‑security‑relevant offence means an offence, of a kind mentioned in an item in a table in Schedule 1, against a law of:  (a) the Commonwealth, a State or Territory; or  (b) a foreign country or part of a foreign country. background check, for an individual, means an assessment, under the AusCheck scheme, of information about any of the matters mentioned in section 5 of the AusCheck Act 2007. Category A identification document means:  (a) for a person who was born in Australia—either of the following:  (i) the person’s Australian birth certificate;  (ii) notice given to the person under section 37 of the Australian Citizenship Act 2007; or  (b) for any other person—a valid document that provides evidence of the start of the person’s identity in Australia. Example 1: An Australian naturalisation certificate. Example 2: A visa entitling the person to enter Australia. Example 3: A movement record made available to the person by the Immigration Department. Category B identification document, for a person, means a current and valid document issued to the person by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country, that provides photographic proof of the person’s identity and includes the person’s signature. Example 1: A driver’s licence issued by the Commonwealth, a State or a Territory, or by a foreign government. Example 2: An Australian or foreign passport. Category C identification document, for a person, means a current and valid document that provides evidence of the person’s use of identity while operating in the community (which may be a community outside Australia). Example: A Medicare card, or a membership card issued by a private health insurer. Category D identification document, for a person, means a valid document that provides evidence of the person’s current residential address (which may be a residential address outside Australia) and is less than 6 months old. Example: A utilities notice. Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015. conviction (of a person for an offence) has the meaning given by subsection 85ZM(1) of the Crimes Act 1914, but does not include:  (a) a spent conviction (within the meaning given by subsection 85ZM(2) of that Act) if Division 3 of Part VIIC of that Act applies to the person; or  (b) a conviction for an offence of which, under a law relating to pardons or quashed convictions, the person is taken never to have been convicted. Note 1: Under the definition of conviction in subsection 85ZM(1) of the Crimes Act 1914, a person is also taken to have been convicted of an offence if the person has been convicted of the offence but no conviction has been recorded, and if a court has taken the offence into account in sentencing the person for another offence (see paragraphs 85ZM(1)(b) and (c)). Note 2: Under Part VIIC of the Crimes Act 1914, if a person receives a free and absolute pardon for an offence against a law of the Commonwealth or a Territory because the person was wrongly convicted of the offence, the person is taken for all purposes never to have been convicted (see section 85ZR). Note 3: In certain circumstances, Division 3 of Part VIIC of the Crimes Act 1914 ceases to apply to a person in relation to a spent conviction if Division 4 (Convictions of further offences) applies. Note 4: Under the Crimes Act 1914, a person need not disclose convictions that: (a) have been quashed (see section 85ZT); or (b) are spent (see section 85ZV). Note 5: Convictions for offences under the Crimes (Aviation) Act 1991 or Part 5.3 or 5.3A of the Criminal Code do not become spent for the purposes of assessing whether to issue the convicted person with an ASIC (see paragraph 85ZZH(k) of the Crimes Act 1914 and Schedule 2 to the Crimes Regulations 2019). directly involved in the issue of ASICs: a person is directly involved in the issue of ASICs if the person performs any of the following activities:  (a) accepting applications for ASICs;  (b) applying for background checks under this Part;  (ba) receiving documents given to an issuing body in person in accordance with this Part;  (c) verifying identification documents for the purposes of this Part;  (d) printing or producing ASICs;  (e) issuing ASICs, including considering whether criteria for the issue of ASICs are satisfied and whether ASICs are to be issued with conditions;  (f) storing equipment associated with the production of ASICs;  (g) destroying ASICs that are no longer required, including expired or cancelled ASICs. Hague Convention means the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, done at the Hague on 5 October 1961. holder, of an ASIC, VIC or TAC, means the person to whom it is issued. identification document means any of the following:  (a) a Category A identification document;  (b) a Category B identification document;  (c) a Category C identification document;  (d) a Category D identification document;  (e) any other document used to identify a person for the purposes of this Part. imprisonment includes periodic detention, home‑based detention and detention until the rising of a court, but does not include an obligation to perform community service. issuing body means a person or agency:  (a) that is authorised to issue ASICs; or  (b) that is a transitional issuing body. officer of the Commonwealth includes the following:  (a) a Minister;  (b) a person who:  (i) holds an office established by or under an Act; or  (ii) was appointed under an Act; or  (iii) was appointed by the Governor‑General or a Minister but not under an Act;  (c) a person who is a member or officer of an authority of the Commonwealth;  (d) a person who is:  (i) in the service or employment of the Commonwealth, or of an authority of the Commonwealth; or  (ii) employed or engaged under an Act. operational need means:  (a) a requirement for frequent access to all or part of a secure area of an airport where persons are required to display an ASIC, for either of the following purposes:  (i) the operation of the airport or an aircraft;  (ii) the purpose of a person’s occupation or business; or  (b) a requirement under the Act, these Regulations or another instrument made under the Act to properly display a valid ASIC at all times; or  (c) a requirement to be directly involved in the issue of ASICs for an issuing body; or  (d) a requirement to be directly involved in the issue of VICs for a VIC issuer; or  (e) a requirement to perform activities for a known consignor, or for a person who has applied under these Regulations to be approved as a known consignor; or  (f) a requirement to perform activities for a RACA, or for a person who has applied under these Regulations to be designated as a RACA; or  (g) a requirement to perform activities for an AACA, or for a person who has applied under these Regulations to be accredited as an AACA; or  (h) a requirement for an employee of a Commonwealth agency to be directly involved in making decisions relating to the issuing of ASICs; or  (i) a requirement for a foreign official to have access to a secure area of an airport in order to perform activities related to the foreign official’s official duties. Example for subparagraph (a)(ii): A courier or supplier. Secretary AGD means the Secretary who is responsible for administering the AusCheck scheme. Secretary‑approved VIC issuer means an aircraft operator that the Secretary has approved to issue VICs under regulation 6.37F. security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979. sentence includes a suspended sentence. tier 1 offence means an aviation‑security‑relevant offence mentioned in the table in clause 1 of Schedule 1. tier 2 offence means an aviation‑security‑relevant offence mentioned in the table in clause 2 of Schedule 1. tier 3 offence means an aviation‑security‑relevant offence mentioned in the table in clause 3 of Schedule 1. transitional issuing body means a body declared by the Secretary under subregulation 6.22A(1) to be a transitional issuing body. VIC issuer means each of the following:  (a) an airport operator (or its agent);  (b) a Secretary‑approved VIC issuer (or its agent);  (c) the Comptroller‑General of Customs;  (d) the Director‑General of Security.  (2) A person has an adverse criminal record if the person:  (a) has been convicted of a tier 1 offence or a tier 2 offence; or  (b) has been convicted of, and sentenced to imprisonment for, a tier 3 offence. 6.03  Kinds of ASICs  (1) There are the following kinds of ASICs:  (a) red ASICs;  (b) grey ASICs;  (c) white ASICs.  (2) A red ASIC or a grey ASIC must be either an Australia‑wide ASIC or an airport‑specific ASIC.  (3) An Australia‑wide red ASIC or grey ASIC has effect for the purposes of entry to a secure area at any security controlled airport.  (4) An airport‑specific red ASIC or grey ASIC has effect for the purposes of entry to a secure area at only the airport specified on it.  (5) A red ASIC or a grey ASIC must also be either a permanent ASIC or a temporary ASIC.  (6) A white ASIC must be a permanent ASIC.  (7) A red ASIC, grey ASIC or white ASIC has effect, for the purposes of carrying out an activity referred to in paragraph (c), (d), (e), (f), (g), (h) or (i) of the definition of operational need in subregulation 6.01(1), in any place.  (8) However, subregulation (7) does not authorise a person to enter a secure area at a security controlled airport if the person is not otherwise authorised to enter the area.  (9) An ASIC issued to a person because he or she has an operational need referred to in paragraph (c), (d), (e), (f), (g), (h) or (i) of the definition of operational need in subregulation 6.01(1) must be a white ASIC. 6.05  Authentication of certain foreign documents   If a person presents to an issuing body, as an identification document, a document that:  (a) is a public document for the purposes of the Hague Convention; and  (b) was issued in a country (other than Australia) that is a Contracting State to that Convention; the issuing body may require the person to have the document authenticated in accordance with that Convention. Note: The authentication procedure involves the endorsement on, or attachment to, the document of a certificate in a standard form. Details of the procedure and any fee payable should be available from the embassy of the country in which the document was issued. 6.05A  Identification documents not in English must be translated  (1) This regulation applies if a person gives an issuing body, as an identification document, a document that is not in English.  (2) The person must also give the issuing body an original or certified copy of an accurate translation of the document into English. 6.05B  VIC issuers—delegation by Director‑General of Security  (1) The Director‑General of Security may, by writing, delegate any or all of the functions or powers of the Director‑General of Security under this Part to a senior position‑holder within the meaning of the Australian Security Intelligence Organisation Act 1979.  (2) A delegate must comply with any written directions of the Director‑General of Security. Division 6.2—ASIC programs 6.06  What an ASIC program is  (1) An ASIC program for an issuing body sets out the procedures to be followed by the issuing body in the performance of its functions under this Part, and the exercise of its powers under this Part.  (2) The ASIC program must include procedures in relation to the following matters:  (a) accepting applications for ASICs;  (b) applying for background checks under this Part;  (c) verifying identification documents for the purposes of this Part;  (d) determining whether applicants for ASICs have an operational need for an ASIC;  (e) printing and producing ASICs;  (f) issuing ASICs, including considering whether criteria for the issue of ASICs are satisfied and whether ASICs are to be issued with conditions;  (g) distributing ASICs to applicants;  (h) ensuring that holders of ASICs are aware of obligations that apply in relation to holding ASICs;  (i) storing and transporting ASICs;  (j) collecting, storing and destroying information and documents about ASICs and ASIC applications;  (k) storing equipment associated with the production of ASICs;  (l) taking all reasonable steps to recover red ASICs or grey ASICs that are no longer required, including expired or cancelled red ASICs or grey ASICs;  (m) destroying red ASICs or grey ASICs that are no longer required, including expired or cancelled red ASICs or grey ASICs;  (n) cancelling access control arrangements that are related to red ASICs or grey ASICs that are no longer required, including expired or cancelled red ASICs or grey ASICs, and red ASICs or grey ASICs that have been lost, stolen or destroyed;  (o) keeping records of the activities of the issuing body;  (p) if the issuing body proposes to engage other entities to perform activities on its behalf—engaging such other entities to perform such activities;  (q) conducting an ongoing quality assurance process of the procedures in the program and the implementation of the procedures;  (r) conducting an annual audit of the procedures in the program and the implementation of the procedures;  (s) the issuing body ceasing to be an issuing body, including procedures to ensure that information about applications for ASICs, and holders of ASICs, is appropriately handled or preserved.  (3) The procedures must be such as to ensure that the issuing body performs its functions under this Part, and exercises its powers under this Part, in an appropriately secure manner.  (4) The ASIC program must be accompanied by a document that sets out the following details:  (a) the issuing body’s name;  (b) the issuing body’s ABN, ACN or ARBN (if any);  (c) if the issuing body is a body corporate—the name of its chief executive officer or manager;  (d) the issuing body’s postal address;  (e) the issuing body’s physical address (if different from the issuing body’s postal address);  (f) the issuing body’s email address;  (g) the contact telephone number for the issuing body, including an after‑hours number;  (h) an alternative contact person and number.  (5) An issuing body commits an offence of strict liability if:  (a) the issuing body becomes aware of a change in a detail referred to in subregulation (4); and  (b) the issuing body does not, within 5 working days after becoming aware of the change, notify the Secretary in writing of the detail as changed. 6.07  Issuing body to give effect to ASIC program  (1) An issuing body must not fail to give effect to its ASIC program.  (2) Without limiting subregulation (1), an issuing body fails to give effect to its ASIC program if it:  (a) fails to do something that its ASIC program requires that it do; or  (b) does something that its ASIC program requires that it not do; or  (c) does something that its ASIC program requires that it do, but does so in a way that contravenes the program.  (4) However, an issuing body may apply, in writing, to the Secretary for exemption from giving effect to its ASIC program in a particular case or respect.  (5) If the Secretary needs more information to deal with an application, the Secretary may ask the applicant, in writing, to provide the information.  (6) Within 30 days after receiving an application (or, if the Secretary asks for more information under subregulation (5), within 30 days after receiving the information), the Secretary must:  (a) grant or refuse the exemption; and  (b) notify the body in writing of the decision and, if the decision is a refusal, the reasons for the decision. Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.  (7) If the Secretary has not approved, or refused to approve, the exemption within the period allowed by subregulation (6), the Secretary is taken to have refused to approve the exemption.  (8) The Secretary may also grant, on his or her own initiative, an issuing body a written exemption from giving effect to its ASIC program in a particular case or respect.  (9) Before granting or refusing an exemption under this regulation, the Secretary must consider:  (a) the justification for the proposed exemption; and  (b) the likely effect of the proposed exemption on each of the matters mentioned in subregulation 6.06(2); and  (c) how long the proposed exemption will be for, if it is granted; and  (10) The Secretary may grant an exemption for a particular period and subject to a condition mentioned in the exemption. 6.09  Direction to vary ASIC program  (1) If the Secretary is satisfied that an issuing body’s ASIC program does not adequately address a matter mentioned in subregulation 6.06(2), the Secretary may direct the body, in writing, to vary the program.  (2) However, the Secretary must not give a direction under subregulation (1) unless the Secretary is satisfied that the program, as varied, would adequately address the relevant matter mentioned in subregulation 6.06(2).  (3) A direction must:  (a) indicate the variation needed; and  (b) state the time within which the issuing body must submit an appropriately varied program to the Secretary.  (4) An issuing body must comply with such a direction. Note: Regulation 6.19 provides for the revocation of the authorisation of a body that does not comply with a direction. 6.10  Variation of ASIC program by issuing body  (1) An issuing body may:  (a) review its ASIC program at any time; and  (b) submit a written proposed variation of the program to the Secretary for approval.  (2) If the Secretary needs more information to deal with an application, the Secretary may ask the applicant, in writing, to provide the information.  (3) Before the end of 30 days after receiving the proposed variation (or, if the Secretary asks for more information under subregulation (2), before the end of 30 days after receiving the information), the Secretary must:  (a) approve or refuse to approve the variation; and  (b) notify the body in writing of the decision and, if the decision is a refusal, the reasons for the decision. Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.  (4) If the Secretary has not approved, or refused to approve, the program within the period allowed by subregulation (3), the Secretary is taken to have refused to approve the program.  (5) The Secretary must approve the variation if the program, as varied, will adequately address the matters mentioned in subregulation 6.06(2). Division 6.3—Issuing bodies 6.12  Comptroller‑General of Customs to be issuing body  (1) The Comptroller‑General of Customs is an issuing body.  (2) The Comptroller‑General of Customs must have an ASIC program. 6.13  Existing issuing bodies   If, immediately before 21 November 2011, an aviation industry participant or an operator of a security controlled airport was an issuing body under regulation 6.13 or 6.14 of these Regulations as in force immediately before 21 November 2011, the participant or operator is taken to be authorised as an issuing body on and after 21 November 2011. Note: The Secretary can revoke the authorisation of an issuing body under regulation 6.19 or 6.19A. 6.17  Issuing bodies’ staff etc  (1) An issuing body other than a Commonwealth agency must not allow a person to be directly involved in the issue of ASICs if he or she does not hold an ASIC.  (2) A Commonwealth agency that is an issuing body must not allow a person to be directly involved in the issue of ASICs if he or she does not hold an ASIC. 6.18  Copies of ASIC program to be made available   An issuing body must make a copy of its ASIC program available to another issuing body if the requesting issuing body can demonstrate that making the program available to it will assist it to avoid hindering or obstructing compliance with the program. 6.19  Revocation of authorisation for cause  (1) If an issuing body is the operator of a security controlled airport, the Secretary must revoke the body’s authorisation as an issuing body if, in the opinion of the Secretary:  (a) the body’s ASIC program does not adequately address a matter mentioned in subregulation 6.06(2) and it is unlikely that a direction under regulation 6.09 will make the program adequately address the matter; or  (b) allowing the body’s authorisation to continue would be likely to be a significant threat to aviation security; or  (c) the body does not comply with a direction of the Secretary under regulation 6.09.  (2) If an issuing body is not the operator of a security controlled airport, the Secretary must revoke the body’s authorisation as an issuing body if, in the opinion of the Secretary:  (a) the body is no longer a person that may appropriately be authorised to issue ASICs; or  (b) the body no longer controls a secure area, or part of a secure area, of a security controlled airport, and does not reasonably require on‑going access to such an area or part of an area; or  (c) the ASICs being issued by the body can more appropriately be issued by an airport operator; or  (d) the body’s ASIC program does not adequately address a matter mentioned in subregulation 6.06(2) and it is unlikely that a direction under regulation 6.09 will make the program adequately address the matter; or  (e) allowing the body’s authorisation to continue would be likely to be a significant threat to aviation security; or  (f) the body does not comply with a direction of the Secretary under regulation 6.09.  (3) The Secretary may revoke the authorisation of an issuing body if the body contravenes:  (a) this Part; or  (b) a condition of its authorisation; or  (c) its ASIC program.  (4) In making a decision under subregulation (3), the Secretary must consider:  (a) the kind and seriousness of the contravention; and  (b) whether the issuing body has previously contravened this Part, a condition of its authorisation or its ASIC program.  (5) As soon as practicable after revoking the authorisation of a body under this regulation, the Secretary must notify the body in writing of the revocation and the reasons for the revocation. Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.  (6) The revocation takes effect when written notice of the revocation is given to the body. 6.19A  Secretary’s discretion to revoke authorisation  (1) The Secretary may revoke the authorisation of a body (the relevant body) as an issuing body:  (a) on the Secretary’s own initiative; or  (b) on application by the relevant body under regulation 6.20.  (2) If the Secretary intends to revoke the authorisation of the relevant body under this regulation on the Secretary’s own initiative, the Secretary must:  (a) give the relevant body written notice of the Secretary’s intention to revoke the authorisation; and  (b) invite the relevant body to respond within 14 days.  (3) Before deciding whether to revoke the authorisation under this regulation, the Secretary may consider the following matters:  (a) the number of ASICs issued by the relevant body that:  (i) are in effect; or  (ii) are suspended under regulation 6.42B; or  (iii) have been cancelled or have expired, but may be reinstated; or  (iv) have been cancelled or have expired, if another ASIC may be issued to the former holder without a further background check being conducted;  (b) whether there are any applications for ASICs that the relevant body is yet to approve or refuse to approve;  (c) whether the Comptroller‑General of Customs can be the issuing body for:  (i) the ASICs issued by the relevant body; and  (ii) any applications referred to in paragraph (b);  (d) if the Comptroller‑General of Customs cannot be the issuing body as mentioned in paragraph (c)—whether there is another issuing body that can be the issuing body for the things mentioned in subparagraphs (c)(i) and (ii);  (e) the effect the revocation of the relevant body’s authorisation may have on operations;  (f) if the relevant body has responded to a notice under subregulation (2)—the relevant body’s response;  (g) any other matter the Secretary considers relevant.  (4) If the Secretary decides to revoke, or refuse to revoke, the relevant body’s authorisation under this regulation, the Secretary must give the body written notice of the following:  (a) the Secretary’s decision;  (b) the reasons for the decision;  (c) if the Secretary decides to revoke the authorisation—the day on which the authorisation is revoked. Note: If the body applied for the revocation, the Secretary must make the decision and give the body written notice within 30 days of receiving the application—see subregulation 6.20(2).  (5) If the Secretary decides to revoke the relevant body’s authorisation under this regulation, and there are:  (a) ASICs referred to in paragraph (3)(a) issued by the relevant body; or  (b) applications for ASICs that the relevant body is yet to approve or refuse to approve; the Secretary must decide, under regulation 6.22, that another issuing body is to be the issuing body for the ASICs and applications. Note: If there are no ASICs or applications referred to in paragraph (a) or (b), the Secretary may revoke the relevant body’s authorisation without making a decision under regulation 6.22.  (6) A revocation of the relevant body’s authorisation under this regulation takes effect at the start of the day specified in the notice in accordance with paragraph (4)(c). 6.20  Application by issuing body for revocation of authorisation  (1) An issuing body may apply, in writing, for the Secretary to revoke under regulation 6.19A the authorisation of the body as an issuing body.  (2) Within 30 days after receiving the written application, the Secretary must:  (a) decide to revoke, or refuse to revoke, the applicant’s authorisation as an issuing body; and  (b) give the applicant written notice under subregulation 6.19A(4). Note: If the Secretary decides to revoke the applicant’s authorisation as an issuing body and there are ASICs or applications referred to in paragraph 6.19A(5)(a) or (b), the Secretary must also make a decision under regulation 6.22.  (3) If the Secretary does not make a decision about an application within the 30 days referred to in subregulation (2), the Secretary is taken to have refused to revoke the applicant’s authorisation at the end of that period. 6.22  Responsibility for ASICs, applications and records if body ceases to be an issuing body  (1) This regulation applies in relation to a body (the original issuing body) that was an issuing body if:  (a) the Secretary revokes the authorisation of the body as an issuing body under regulation 6.19 or 6.19A; or  (b) the body ceases to exist; or  (c) for any other reason, the body no longer performs the functions or exercises the powers of an issuing body.  (2) The Secretary may decide that another issuing body (the new issuing body) is to be the issuing body for:  (a) any ASICs (transferred ASICs) issued by the original issuing body that:  (i) are in effect; or  (ii) are suspended under regulation 6.42B; or  (iii) have been cancelled or have expired, but may be reinstated; or  (iv) have been cancelled or have expired, if another ASIC may be issued to the former holder without a further background check being conducted; and  (b) any applications for ASICs (transferred ASIC applications) made to the original issuing body in relation to which the original issuing body:  (i) has applied to the Secretary AGD for a background check (whether or not the background check has been completed); but  (ii) has not yet issued, or refused to issue, an ASIC. Transferred ASICs and transferred ASIC applications  (4) A transferred ASIC is not affected by the original issuing body no longer being an issuing body.  (5) The new issuing body is not responsible for the actions of the original issuing body in relation to a transferred ASIC.  (6) The new issuing body may continue to deal with a transferred ASIC application as if it had been made to the new issuing body, and if the new issuing body does so:  (a) subject to paragraph (b), anything done by or in relation to the original issuing body in relation to the transferred ASIC application is taken, for the purposes of the new issuing body dealing with the application under this Part, to have been done by or in relation to the new issuing body; but  (b) the new issuing body may disregard anything done by or in relation to the original issuing body in relation to the transferred ASIC application for the purposes of dealing with the application under this Part, if the new issuing body considers it appropriate to do so. Note: For example, the new issuing body may continue to process a transferred ASIC application, and may issue the ASIC applied for, in reliance on identification documents provided to the original issuing body. However, the new issuing body may choose not to rely on the documents, and may require the applicant to provide identification documents again, if the new issuing body considers it appropriate to do so. Transfer of records and documents to new issuing body  (7) The original issuing body must transfer to the new issuing body:  (a) the original issuing body’s register of ASICs, to the extent that the register relates to transferred ASICs; and  (b) any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) in the original issuing body’s possession that relate to:  (i) transferred ASICs; or  (ii) transferred ASIC applications. Transfer of records and documents to Secretary  (8) The original issuing body must transfer to the Secretary any records or documents (including records or documents containing AusCheck scheme personal information within the meaning of the AusCheck Act 2007) that subregulation 6.24(2) requires the original issuing body to retain, other than records or documents transferred to a new issuing body (if any) under subregulation (7) of this regulation. Note: Subregulation (8) applies whether or not there is a new issuing body. 6.22A  Transitional issuing bodies  (1) The Secretary may, in writing, declare an issuing body to be a transitional issuing body.  (2) If the Secretary declares an issuing body to be a transitional issuing body, the following apply to the body:  (a) beginning on the day after the Secretary makes the declaration, the transitional issuing body:  (i) must not issue a new ASIC unless the issuing body received the application for the ASIC before the issuing body was declared to be a transitional issuing body; and  (ii) must not apply to the Secretary AGD for a background check, other than under regulation 6.41A;  (b) the transitional issuing body continues to be the issuing body for any ASICs issued by the issuing body, and may issue replacement ASICs;  (c) the transitional issuing body’s authorisation as an issuing body is taken to be revoked immediately after the expiry or cancellation of the last ASIC issued by the body. Note: A transitional issuing body remains an issuing body (see the definition of issuing body in subregulation 6.01(1)). Division 6.4—Record‑keeping 6.23  Register of ASICs  (1) An issuing body must keep a register in accordance with this regulation.  (2) The register must contain the following details of each ASIC issued by the body:  (a) the name of the person to whom the ASIC was issued;  (b) subject to subregulation (3), his or her residential address;  (c) the general reason that he or she has an operational need to hold an ASIC;  (d) the date of the beginning of the current period during which he or she has continuously held an ASIC;  (e) whether the card is red, grey, white, permanent, temporary, Australia wide or airport specific;  (f) the unique number of the ASIC;  (g) its date of issue;  (h) its date of expiry;  (i) if applicable, the date on which it was cancelled;  (j) if the ASIC is cancelled and the cancellation is set aside by the Secretary or set aside (however described) by the Administrative Review Tribunal:  (i) the date the cancellation is set aside; and  (ii) if the holder returns the ASIC to the issuing body after the cancellation—the date the body returns the ASIC to the holder;  (k) if the ASIC is suspended:  (i) the date the issuing body tells the holder about the suspension; and  (ii) for a red ASIC or a grey ASIC—the date the holder returns the ASIC to the issuing body; and  (iii) if the suspension period ends under subregulation 6.42C(3)—the date the body returns the ASIC to the holder;  (l) if applicable, the date on which the ASIC was reported lost, stolen or destroyed;  (m) if applicable, the date on which the ASIC is returned to the to the issuing body.  (3) The register need not contain the residential address of an ASIC holder who is a law enforcement officer, an officer or employee of ASIO or an Australian Public Service employee.  (4) The register may be kept by means of a computer or in any other form that can be conveniently audited.  (5) The issuing body must hold the register at its office.  (6) The issuing body must allow an aviation security inspector to inspect the register on request during normal business hours. 6.24  Other records of issuing bodies  (1) An issuing body must maintain records that are sufficient to demonstrate that it has complied with its ASIC program.  (2) The issuing body must retain the following, in relation to an application for the issuing body to issue an ASIC to a person:  (a) a copy of the application;  (b) if the issuing body issues the ASIC to the person—the record of issue of the ASIC;  (c) copies of the identification documents that were given to the issuing body in relation to the application;  (d) any records, or copies of any documents, that were given to the issuing body in relation to the applicant’s operational need for the ASIC.  (2A) The records and documents required to be retained under subregulation (2) must be retained until:  (a) if the issuing body issues the ASIC to the person—the end of 3 years after the completion of the background check requested in relation to the application; or  (b) otherwise—the end of 3 years after the application was made.  (3) The records and documents may be kept by means of a computer or in any other form that can be conveniently audited.  (5) The issuing body must allow an aviation security inspector to inspect the records and documents on request during normal business hours. 6.25  Annual reporting by issuing bodies   An issuing body must report to the Secretary in writing, within 1 month after the end of each financial year:  (a) the total number of ASICs issued by the body that have not expired and have not been cancelled; and  (b) the number of red ASICs or grey ASICs issued by the body that have expired or been cancelled but have not been returned to the body. 6.25A  Register of VICs and other records  (1) A VIC issuer (other than an agent) must keep a register and other records in accordance with this regulation. Register and other records  (2) The register must contain the following details of each VIC issued by the VIC issuer (or its agents):  (a) if the VIC is issued by a Secretary‑approved VIC issuer (or its agent), the Comptroller‑General of Customs or the Director‑General of Security—the airport for which the VIC is valid;  (b) the following details about the person to whom the VIC was issued:  (i) the name of the person;  (ii) the date of birth of the person;  (iii) the residential address of the person;  (c) the reasons stated by the person for why the person needs to be issued a VIC;  (d) the unique number of the VIC;  (e) the date of issue of the VIC;  (f) the date of expiry of the VIC;  (g) if applicable, the date on which the VIC was returned or cancelled, or reported lost, stolen or destroyed;  (h) the following details about the ASIC holder supervising the VIC holder:  (i) the name of the ASIC holder;  (ii) the  unique number of the ASIC holder’s ASIC;  (iii) the date of expiry of the ASIC holder’s ASIC;  (i) a declaration by the VIC holder that he or she has not:  (i) been refused an ASIC; or  (ii) had an ASIC that was suspended or cancelled because the holder had an adverse criminal record; or  (iii) if the VIC is not issued by the Comptroller‑General of Customs or the Director‑General of Security—been issued with a VIC for the airport for more than a total of 28 days in the previous 12 months, other than a VIC issued in the circumstances set out in subregulation (2A);  (j) if the VIC is issued by a Secretary‑approved VIC issuer (or its agent)—a declaration by the VIC holder that he or she has not been issued with a VIC by that issuer for more than a total of 28 days in the previous 12 months;  (k) if the VIC is issued by the Comptroller‑General of Customs—a declaration by the VIC holder that he or she has not been issued with a VIC by the Comptroller‑General of Customs for more than a total of 28 days in the previous 12 months;  (ka) if the VIC is issued by the Director‑General of Security—a declaration by the VIC holder that the holder has not been issued with a VIC by the Director‑General of Security for more than a total of 28 days in the previous 12 months;  (l) if paragraph 6.38C(1)(a) or (b) applies, details of the identification document or documents used to confirm the identity of the VIC holder;  (m) confirmation by an ASIC holder of the reasons why the VIC holder needs to enter a secure area of the airport;  (n) if the ASIC holder mentioned in paragraph (m) is not the ASIC holder mentioned in paragraph (h)—the following details about the ASIC holder mentioned in paragraph (m):  (i) the name of the ASIC holder;  (ii) the  unique number of the ASIC holder’s ASIC;  (iii) the date of expiry of the ASIC holder’s ASIC. Example for paragraph (l): If the identification document is a passport, the document number, country of issue and expiry date of the passport.  (2A) For the purposes of subparagraph (2)(i)(iii), the circumstances are that the VIC is issued:  (a) by the Comptroller‑General of Customs; or  (b) by the Director‑General of Security; or  (c) relying on regulation 6.38G, 6.38H or 6.38I; or  (d) relying on an exemption under regulation 6.38F.  (3) The register need not contain the residential address of a VIC holder who is a law enforcement officer, an officer or employee of ASIO, an APS employee, a member of the Parliament of the Commonwealth or a State or a member of the legislature of a Territory.  (a) the person is required to keep a register under this regulation; and  (b) the person does not retain the record of issue of a VIC issued by the person (or its agent) for 24 months after the issue of the VIC; and  (c) the person knows that the record has not been retained for 24 months. Penalty: 30 penalty units.  (5) A person commits an offence if:  (a) the person (the issuer) is required to keep a register under this regulation; and  (b) the issuer does not retain a record, for each person to whom the issuer (or its agents) has issued a VIC in the previous 12 months, of the number of days in the previous 12 months that the person has held a VIC for an airport; and  (c) the issuer knows that the record has not been retained; and  (d) the issuer is not exempt from this subregulation under subregulation (6). Penalty: 30 penalty units.  (6) An issuer is exempt from subregulation (5) if the issuer is an airport operator of an airport from which screened air services do not operate. Means of maintaining register and other records  (7) The VIC issuer must keep the register and other records by means of a computer or in any other form that can be conveniently audited.  (8) The VIC issuer must hold the register and other records at its office.  (9) The VIC issuer must allow an aviation security inspector to inspect the register and other records on request during normal business hours. 6.25B  Register of TACs  (1) If an aircraft operator issues TACs, the aircraft operator must maintain a register in accordance with this regulation.  (2) The register must contain the following details of each TAC issued by the aircraft operator:  (a) the name of the person to whom the TAC was issued;  (i) the unique number of the TAC holder’s ASIC; or  (ii) the name of the issuing body to whom the TAC holder has applied for an ASIC;  (c) the unique number of the TAC;  (d) the date of issue of the TAC;  (e) the date of expiry of the TAC;  (f) if applicable, the date on which the TAC was returned or cancelled, or reported lost, stolen or destroyed.  (3) The aircraft operator must retain the record of issue of a TAC for 24 months after the issue of the TAC. Means of maintaining register  (4) The aircraft operator must keep the register by means of a computer or in any other form that can be conveniently audited.  (5) The aircraft operator must hold the register at its office.  (6) The aircraft operator must allow an aviation security inspector to inspect the register on request during normal business hours. Division 6.5—ASICs, TACs and VICs—issue, expiry, suspension and cancellation Subdivision 6.5.1—Definitions for this Division 6.26A  Definitions AusCheck facility means a facility made available by the Secretary AGD for the purposes of the AusCheck scheme. ICAO 3‑letter code, for an airport, means the second, third and fourth letters of the ICAO 4‑letter code for the airport.  (2) In this Division, an ASIC holder is supervising a person if the ASIC holder is displaying a valid ASIC and:  (a) the ASIC holder escorts or watches the person at all times when the person is required to display an ASIC; or  (i) the ASIC holder ensures that the person stays within a particular area;  (ii) the ASIC holder is able to see if the person leaves the area;  (iii) the person has no access, while in that area, to:  (A) an aircraft engaged in a prescribed air service; or  (B) passengers boarding, or intending to board, an aircraft engaged in a prescribed air service; or  (C) anything being loaded, or to be loaded, on board an aircraft engaged in a prescribed air service. Subdivision 6.5.2—Issue and form of ASICs 6.26  ASICs—application for issue   A person may, in writing, apply to an issuing body for the issue of an ASIC. 6.27  Issue of ASICs  (1) An issuing body may issue ASICs only in accordance with its ASIC program.  (a) the person issues an ASIC, a card resembling an ASIC, or a card apparently intended to be taken to be an ASIC; and  (b) the person is not an issuing body.  (a) the person is a transitional issuing body; and  (b) the person issues an ASIC, a card resembling an ASIC, or a card apparently intended to be taken to be an ASIC; and  (c) the ASIC:  (i) is not a replacement ASIC; or  (ii) was not applied for before the person was declared to be a transitional issuing body.  (5) An issuing body must not issue an Australia‑wide red ASIC or grey ASIC unless the ASIC holder has an operational need to access more than one airport. 6.27A  Approval of airport operator for airport‑specific ASICs  (1) If an issuing body (other than the Comptroller‑General of Customs) intends to issue an airport‑specific ASIC to a person, and the issuing body is not the airport operator of that airport, the issuing body must not issue the ASIC unless the issuing body has received the written approval of the airport operator of the airport.  (2) The airport operator may give the issuing body approval subject to conditions.  (3) An issuing body may apply to the Secretary for an exemption from subregulation (1) if:  (a) the airport operator refuses to give the issuing body approval to issue an airport‑specific ASIC; or  (b) the issuing body does not agree to the conditions imposed on the issuing body by the airport operator in relation to the issuing of an airport‑specific ASIC.  (4) Before deciding whether to grant an issuing body an exemption from subregulation (1), the Secretary must consider the following:  (a) the reasons (if any) given by the airport operator for why approval was not given or the conditions were imposed;  (b) the issuing body’s reasons for wanting to issue airport‑specific ASICs for that airport;  (c) the number of airport‑specific ASICs the issuing body has previously issued, and proposes to issue, for that airport;  (d) the effect that an exemption would have on the airport operator and on aviation security at the airport;  (e) the significance of any facilities operated by the issuing body at the airport, including:  (i) if any aircraft use the facilities—the size and number of aircraft that use the facilities; and  (ii) if any passengers use the facilities—the number of passengers that use the facilities; and  (iii) whether the issuing body operating the facilities has its own screening point; and  (iv) the measures and procedures in place to control access to the facilities.  (5) Within 30 days of receiving an application for an exemption from an issuing body, the Secretary must:  (a) decide whether to grant the issuing body an exemption from subregulation (1); and  (b) give the issuing body written notice of the decision and the reasons for the decision. 6.27AA  Application for background check  (1) An issuing body may apply to the Secretary AGD for a background check on:  (a) an applicant for an ASIC; or  (b) the holder of an ASIC if the issuing body considers on reasonable grounds that either or both of the following subparagraphs apply in relation to the last application (the previous application) for a background check on the holder made under paragraph (a) or (c):  (i) any of the requirements of the AusCheck Regulations 2017 for the previous application were not satisfied;  (ii) the Secretary AGD did not have all of the required information (within the meaning of the AusCheck Regulations 2017) for the individual when AusCheck undertook a background check in response to the previous application; or  (c) the holder of an ASIC who has notified the issuing body under regulation 6.41.  (3) The Secretary may apply to the Secretary AGD for a background check on a person who is an applicant for an ASIC, or the holder of an ASIC, if the Secretary considers on reasonable grounds that:  (a) the person has been convicted of an aviation‑security‑relevant offence; or  (b) the person constitutes a threat to aviation security; or  (c) there is a risk that the person would use aviation in connection with serious and organised crime.  (4) In considering the matter mentioned in paragraph (3)(a), (b) or (c), the Secretary must take into account:  (a) any information given to the Secretary by the person or the issuing body of the ASIC; and  (b) any information given to the Secretary by the Secretary AGD or a law enforcement agency (however described) about the person; and  (c) anything else relevant that the Secretary knows about. 6.27AB  Requirements for verifying identity  (1) This regulation sets out how a person’s identity is to be verified by an issuing body for the purposes of paragraph 6.28(1)(b).  (2) The person must:  (a) subject to subregulation (3), give to the issuing body, in person, an original of each of the following for the person:  (i) a Category A identification document;  (ii) a Category B identification document that is different from the Category A identification document;  (iii) a Category C identification document that is different from the Category A identification document and the Category B identification document;  (iv) if evidence of residential address is not set out in a document already given—a Category D identification document; and  (b) give to the issuing body the information required under the AusCheck Regulations 2017 to be included in an application for a background check in relation to the person.  (3) If the Secretary has given an approval under regulation 6.27AC for alternative identification requirements to apply to the person, or a class of persons including the person, in relation to a requirement (the primary requirement) referred to in paragraph (2)(a) of this regulation, the person may satisfy the primary requirement by complying with the alternative identification requirements.  (4) The issuing body must verify the person’s identity at the time the person gives the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body.  (5) To avoid doubt, the person must give the documents referred to in paragraph (2)(a) (or any other documents given in accordance with alternative identification requirements) to the issuing body even if the person has previously given the same documents to the same issuing body in relation to another application for the issue of an ASIC. 6.27AC  Alternative requirements for verifying identity Alternative identification requirements—persons  (1) If a person cannot satisfy one or more requirements to give a document to an issuing body under paragraph 6.27AB(2)(a), the issuing body may apply to the Secretary for approval of alternative identification requirements in relation to those requirements for the person.  (b) state whether the document or documents are one or more of the following:  (i) a Category A identification document;  (ii) a Category B identification document;  (iii) a Category C identification document;  (iv) a Category D identification document; and  (c) state the reason why the person cannot satisfy the requirement or requirements; and  (d) set out alternative identification requirements; and  (e) if the alternative identification requirements relate to another document or other documents—include a copy of that document or those documents; and  (f) include any other information that may assist the Secretary in making a decision about whether to approve the alternative identification requirements.  (3) In making a decision to approve, or refuse to approve, alternative identification requirements, the Secretary must consider the following matters:  (a) the extent to which the issuing body can show evidence of the identity of the person;  (b) the reason why the person cannot satisfy the requirement or requirements;  (c) whether the alternative identification requirements proposed are sufficient to enable the Secretary AGD to conduct a background check.  (4) If the Secretary requires further information to consider the application, the Secretary may request the issuing body to give the further information.  (5) The Secretary must, in writing and within 30 days after receiving the application or, if further information is requested, within 30 days after receiving the further information:  (a) approve, or refuse to approve, the alternative identification requirements for the person; and  (b) notify the issuing body of the decision; and  (c) if the decision is a refusal—notify the issuing body of the reasons for the refusal. Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.  (6) If the Secretary has not made a decision on the application within the period mentioned in subregulation (5), the Secretary is taken to have refused to approve the application. Alternative identification requirements—classes of persons  (7) If the Secretary is satisfied that a class of persons may be unable to meet one or more requirements under paragraph 6.27AB(2)(a), the Secretary may approve alternative identification requirements in relation to those requirements for the class of persons. 6.28  ASICs—issue  (1) Subject to subregulations (3), (4), (4A) and (4D) and regulations 6.29, 6.31 and 6.35, an issuing body may issue an ASIC to a person only if:  (a) the person has an operational need for an ASIC; and  (b) the issuing body is satisfied of the person’s identity, after verifying the person’s identity in accordance with regulation 6.27AB; and  (c) the issuing body is satisfied that the person is not an unlawful non‑citizen; and  (d) the issuing body has received a notice from the Secretary AGD stating that:  (i) the Secretary AGD has conducted an assessment under the AusCheck scheme to decide if the person has an adverse criminal record; and  (ii) based on the criminal history, the person does not have an adverse criminal record; and  (e) the issuing body has been notified in writing that a security assessment of the person has been made, and:  (i) the assessment was not adverse; or  (ii) if the assessment was qualified—the issuing body has received a notice from the Secretary that an ASIC may be issued because the person is not a threat to aviation security; and  (ea) the issuing body has been notified in writing by the Secretary that the Department has not been given an adverse criminal intelligence assessment that indicates the Chief Executive Officer of the Australian Crime Commission reasonably believes that preventing the person proposed to be issued an ASIC from holding an ASIC is necessary or desirable to prevent the use of aviation in connection with serious and organised crime; and  (f) the person is not disqualified under regulation 6.48 from holding an ASIC.  (3) The issuing body may issue an ASIC to a person who is under 18 if:  (a) the person meets the criteria in paragraphs (1)(a), (b), (c), (e), (ea) and (f); and  (b) in the case of a person who was under 14 at the time the application for the ASIC was made—the application was accompanied by a written consent, given by a parent or guardian of the person, for the issuing body to perform its functions, and exercise its powers, in relation to the issuing of the ASIC (including by applying for a background check of the person).  (4) The issuing body may issue an ASIC to a person who holds a security designated authorisation that is less than 2 years old if the person meets the criteria in paragraphs (1)(d), (e), (ea) and (f).  (4A) Subject to subregulation (4G), an issuing body may issue an ASIC to a person if:  (a) the person had his or her ASIC cancelled under paragraph 6.43(2)(e) or subregulation 6.43(4A) or 6.47(1); and  (b) if the cancelled ASIC was a red ASIC or a grey ASIC, either:  (i) the person has returned the cancelled ASIC to the issuing body that issued the ASIC; or  (ii) the cancelled ASIC was lost, stolen or destroyed, and the person has complied with regulation 6.46; and  (c) within 12 months after the cancellation:  (i) the person gives the issuing body a statutory declaration that states:  (A) the reason why his or her ASIC was cancelled; and  (B) that, since his or her background checks were completed, he or she has not been convicted of an aviation‑security‑relevant offence; and  (C) any relevant circumstances of the person that have changed since his or her background checks were completed; and  (ii) the issuing body lodges a request for the issue of an ASIC using the facility made available by the Secretary AGD in accordance with the AusCheck facility.  (4B) An issuing body commits an offence if the issuing body issues an ASIC in contravention of subregulation (4A).  (4C) An offence against subregulation (4B) is an offence of strict liability.  (4D) Subject to subregulation (4G), an issuing body may issue an ASIC to a person if:  (a) the person held an ASIC that:  (i) has expired; and  (ii) had an expiry date less than the maximum period permitted for the person by regulation 6.32; and  (b) unless the ASIC was a white ASIC, the person has complied with regulation 6.45 or 6.46; and  (c) within 12 months after the expiry of the ASIC:  (i) the person gives the issuing body a statutory declaration that states:  (A) that, since his or her background checks were completed, he or she has not been convicted of an aviation‑security‑relevant offence; and  (B) any relevant circumstances of the person that have changed since the expired ASIC was issued; and  (ii) the issuing body lodges a request for the issue of an ASIC using the Auscheck facility.  (4E) An issuing body commits an offence if the issuing body issues an ASIC in contravention of subregulation (4D).  (4F) An offence against subregulation (4E) is an offence of strict liability.  (4G) Before an ASIC is issued under subregulation (4A) or (4D), the issuing body must ensure that:  (a) the person meets the criteria in paragraphs (1)(a), (b), (c) and (ea); and  (b) if the cancelled or expired ASIC was issued subject to a condition under subregulation 6.29(6) or regulation 6.43D—the ASIC to be issued is subject to the same condition. Note: See regulation 6.32 for when the ASIC must expire.  (5) An issuing body may issue an ASIC on a condition, but must notify the holder in writing what the condition is.  (6) In particular, a condition may be that a background check of the holder be conducted more often than required by these Regulations. Note: See regulation 6.32 for when the ASIC must expire. 6.29  ASICs—application to Secretary if person has adverse criminal record or is disqualified  (1) An issuing body or a person may apply to the Secretary, in writing, for permission for an ASIC to be issued to the person if:  (a) the person is not eligible to be issued an ASIC because he or she:  (i) has an adverse criminal record; or  (ii) is disqualified under regulation 6.48 from holding an ASIC; and  (b) the only other reason (if any) the person is not eligible is that the person does not have an operational need for an ASIC; and  (c) the person has not been convicted of a tier 1 offence. Note: If the person does not have an operational need for an ASIC, an ASIC must not be issued until the person has an operational need (see subregulation (7)).  (1A) An application under subregulation (1) must be made:  (a) for an issuing body—before the end of 28 days after the issuing body was given advice about the background check of the person under Subdivision A of Division 5 of Part 2 of the AusCheck Regulations 2017; or  (b) for the person—before the end of 28 days after the person:  (i) was advised or informed under Subdivision A of Division 5 of Part 2 of AusCheck Regulations 2017 that the person has an unfavourable criminal history (within the meaning of those regulations); or  (ii) is disqualified under regulation 6.48 from holding an ASIC.  (1B) The Secretary may, on application in writing by an issuing body or the person, extend the time for making the application.  (2) If the Secretary needs more information to deal with an application, the Secretary may ask the issuing body or the person, in writing, to provide the information.  (2A) The Secretary may request information about the person from the Secretary AGD.  (2B) If the Secretary has asked for more information under subregulation (2), and does not receive the information within 30 days of asking for it, the Secretary may close the application and subregulations (3) and (4) do not apply. Note: Closing an application is not a refusal to issue an ASIC.  (2C) The Secretary may, on application in writing by an issuing body or the person, extend the time for providing the information.  (2D) If an application was closed under subregulation (2B) and the Secretary extends the time in which the issuing body or person may provide the information, the application is not reopened until the Secretary receives the information.  (3) Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (2), after receiving the information), the Secretary must:  (a) decide whether to approve, or refuse to approve, the issuing of the ASIC; and  (b) if the Secretary decides to approve the issuing of the ASIC—tell the following persons, in writing, about the decision:  (i) the person who applied for the ASIC;  (c) if the Secretary decides to refuse to approve the issuing of the ASIC:  (i) tell the person who applied for the ASIC, in writing, about the decision and the reasons for it; and  (ii) if the application mentioned in subregulation (1) was made by an issuing body—tell the issuing body, in writing, about the decision. Note: See section 266 of the Administrative Review Tribunal Act 2024 for the requirements for the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.  (4) If the Secretary has not approved, or refused to approve, the issue of the ASIC within the period allowed by subregulation (3), the Secretary is taken to have refused to approve the issue of the ASIC.  (5) Before approving or refusing to approve the issue of the ASIC to a person who is not eligible to be issued an ASIC only because the person’s adverse criminal record prevents him or her being issued with an ASIC, the Secretary must consider:  (a) the nature of the offence the person was convicted of; and  (b) the length of the term of imprisonment imposed on him or her; and  (c) if he or she has served the term, or part of the term—how long it is, and his or her conduct and employment history, since he or she did so; and  (d) if the whole of the sentence was suspended—how long the sentence is, and his or her conduct and employment history, since the sentence was imposed; and  (6) The Secretary may give an approval subject to a condition, but must notify the issuing body and the person in writing what the condition is. Applicant who does not have an operational need  (7) If the Secretary approves the issue of an ASIC to a person who does not have an operational need for the ASIC, the ASIC must not be issued until the person has an operational need for the ASIC. 6.29A  AusCheck facility to be used when issuing an ASIC   An issuing body issuing an ASIC under regulation 6.28, 6.29 or 6.35 must use the AusCheck facility. 6.30  Report to Secretary of refusal to issue ASICs in certain cases  (1) If an issuing body refuses to issue an ASIC to an applicant because the applicant fails to satisfy any of the criteria in paragraph 6.28(1)(c) or (f), the issuing body must, within 7 days of the decision, give the Secretary a written report that sets out:  (a) the applicant’s name, address and date of birth; and  (b) the reasons for the refusal.  (2) The Secretary may pass the information on to other issuing bodies or to CASA if he or she thinks that doing so will help to prevent unlawful interference with aviation. 6.31  Persons the subject of qualified security assessments  (1) This regulation applies if a security assessment of a person is a qualified security assessment. Note: For a person’s notification and review rights in relation to a qualified security assessment, see section 38 and Division 4 of Part IV of the Australian Security Intelligence Organisation Act 1979.  (2) If the Secretary is satisfied that the holding of an ASIC by the person would not constitute a threat to aviation security, the Secretary must give the issuing body a written notice stating that an ASIC may be issued because the person is not a threat to aviation security.  (3) If the Secretary is satisfied that the holding of an ASIC by the person would constitute a threat to aviation security the Secretary must give the issuing body a written direction not to issue the ASIC to the person.  (4) The Secretary must give the person a notice stating that the Secretary has given the issuing body a notice under subregulation (2) or a direction under subregulation (3).  (5) An issuing body must not issue an ASIC to a person in contravention of a direction under subregulation (3). 6.31A  Provision of information to Secretary AGD   If the Secretary makes a decision under regulation 6.29 or 6.31, the Secretary must tell the Secretary AGD about the decision. 6.32  ASICs—period of issue and expiry  (1) Unless earlier cancelled, an ASIC expires at the end of the last day of the month specified on it as its month of expiry.  (2) Subject to subregulation (3), the expiry must not be later than 2 years after the last day of the month in which the background check, undertaken when the person applied for the ASIC, was completed. Note: For the meaning of background check, see regulation 6.01.  (3) In the case of an ASIC issued to a person under 18 in reliance on subregulation 6.28(3), the expiry must not be later than the earlier of:  (a) 6 months after the person’s 18th birthday; and  (b) 2 years after the last day of the month in which the background check, undertaken when the person applied for the ASIC, was completed.  (5) If an ASIC is cancelled under paragraph 6.43(2)(ba) or (d) and the cancellation is set aside (however described) by the Secretary or the Administrative Review Tribunal, the ASIC expires on the earlier of:  (a) the date it would have expired if it had not been cancelled; or  (b) if a condition imposed under regulation 6.43D sets an earlier expiry date—that date. 6.33  Form of ASICs other than temporary ASICs Form of permanent red ASIC  (1) A permanent red ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body. Form of permanent grey ASIC  (2) A permanent grey ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body. Form of permanent white ASIC  (3) A permanent white ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body. General  (4) Without limiting subregulation (1), (2) or (3), the approval of a form under subregulation (1), (2) or (3) may extend to specifying any or all of the following:  (a) the dimensions of a permanent ASIC and each of its parts;  (b) the information that must be included on the front or the back of a permanent ASIC;  (c) the security features that must be incorporated into a permanent ASIC;  (d) the kind of photograph of the holder of a permanent ASIC that must be included on the permanent ASIC, including the size and quality of the photograph.  (5) The Secretary may approve a form of an ASIC for an issuing body under this regulation only if the Secretary is reasonably satisfied that it is necessary to do so for the purposes of safeguarding against unlawful interference with aviation.  (6) The Secretary may approve the issue of a permanent ASIC showing the holder’s name on the back if the Secretary is satisfied that having the holder’s name on the front would put the holder’s personal security at risk.  (b) the Secretary gives the person a copy of a form approved for the issuing body under this regulation for a permanent red ASIC, a permanent grey ASIC or a permanent white ASIC; and  (c) the person issues a permanent red ASIC, a permanent grey ASIC or a permanent white ASIC; and  (d) the ASIC issued does not comply in a particular respect with the form approved for the issuing body for that kind of ASIC; and  (e) the respect in which the form does not comply is not the subject of an approval under subregulation (6).  (8) An offence under subregulation (7) is an offence of strict liability. 6.34  Issuing body to be given copy of approved form of permanent ASIC  (1) The Secretary must, as soon as practicable after approving a form of a permanent ASIC for an issuing body under regulation 6.33, give a copy of the approved form to the issuing body.  (2) The Secretary may, in the copy of the approved form given to the issuing body, direct that the issuing body must not disclose the details of the approved form to another person except in the circumstances specified in the direction.  (b) the Secretary, under subregulation (1), gives the issuing body a copy of a form approved for the issuing body; and  (c) the copy of the approved form contains a direction under subregulation (2); and  (d) the issuing body contravenes the direction.  (4) An offence under subregulation (3) is an offence of strict liability. 6.34A  Issuing body may disclose details of approved form to other persons  (1) An issuing body may, in the circumstances specified in a direction in a copy of an approved form given to the issuing body under regulation 6.34, disclose the details of the approved form to another person.  (a) an issuing body discloses the details of an approved form to the person in in accordance with subregulation (1); and  (b) the person discloses the details to another person without the written approval of the Secretary. 6.35  Issue of replacement ASICs  (1) An issuing body may issue a replacement permanent ASIC (the replacement ASIC) to the holder of another permanent ASIC (the old ASIC) issued by the issuing body if:  (a) any of the following apply:  (i) the old ASIC has been lost or destroyed, and the holder has given the issuing body a statutory declaration setting out the circumstances of the loss or destruction (which may be in the same document as the declaration referred to in paragraph (d));  (ii) the old ASIC has been stolen, and the holder has given the issuing body a copy of a police report, or other information issued by the police, regarding the theft;  (iii) the holder’s name has changed, and the holder has notified the issuing body of the change in accordance with regulation 6.42;  (iv) the holder wishes to replace the old ASIC with the replacement ASIC because the holder has an operational need for the replacement ASIC; and  (b) the holder has an operational need for the replacement ASIC; and  (c) in a case where the replacement ASIC is a different kind of ASIC from the old ASIC—the holder has given the issuing body evidence of the holder’s operational need for the replacement ASIC; and  (d) the holder has given the issuing body a statutory declaration stating that, since his or her background checks were completed, he or she has not been convicted of an aviation‑security‑relevant offence. Issue of replacement ASIC  (2) The replacement ASIC may be any of the following permanent ASICs:  (a) an airport‑specific red ASIC or grey ASIC;  (b) an Australian‑wide red ASIC or grey ASIC;  (c) a white ASIC. Note: The holder must have an operational need for the replacement ASIC (see paragraph (1)(b)).  (3) The replacement ASIC must expire no later than the old ASIC would have expired.  (4) The replacement ASIC is subject to:  (a) any conditions to which the old ASIC was subject; and  (b) any conditions which the issuing body imposes on the replacement ASIC by written notice given to the holder of the replacement ASIC.  (5) The number of the replacement ASIC must be unique among ASICs issued by the issuing body.  (6) Either:  (a) the replacement ASIC must bear a number indicating how many times a permanent ASIC has been issued to the person with that expiry date; or  (b) the issuing body must keep a record of how many times it has issued a permanent ASIC to the person with that expiry date.  (7) The issue of a replacement ASIC to a person under this regulation cancels any temporary ASIC the person holds under regulation 6.36. 6.36  Issue of temporary ASICs  (1A) In this regulation, a reference to an ASIC does not include a white ASIC.  (1) An issuing body may issue a temporary ASIC to the holder of another ASIC if:  (a) he or she has lost the other ASIC, or it has been stolen or destroyed, and he or she makes a statutory declaration setting out the circumstances of the loss or theft; and  (b) where the ASIC has been destroyed, he or she returns any remains of the ASIC to the issuing body; and  (c) where the other ASIC has been stolen, he or she gives the issuing body a copy of his or her report of the theft to the police of the place where the ASIC was stolen.  (2) An issuing body may issue a temporary ASIC to a person to whom the issue of an ASIC has been approved if the issuing body cannot produce that ASIC for some technical reason.  (3) An issuing body may issue a temporary airport‑specific ASIC to a person who holds a valid permanent airport‑specific ASIC for another airport.  (4) An issuing body may issue a temporary ASIC to a person who lives and normally works outside Australia if:  (a) the person is:  (i) a station manager or duty manager of an aircraft operator; or  (ii) an engineer employed by a foreign aircraft operator, or a contractor to such an operator, and is in Australia to carry out maintenance on an aircraft; and  (b) he or she has been issued with a security identification card for his or her overseas employment; and  (c) the issuing body is satisfied that the security identification card was issued on the basis of background checks that are equivalent to those carried out for the issue of an ASIC; and  (d) unless the issuing body is the person’s employer, the person’s employer requests the issuing body, in writing, to issue the temporary ASIC.  (5) An issuing body may issue a temporary ASIC to a person who holds a valid ASIC if:  (a) the person has inadvertently left his or her permanent ASIC at home, or misplaced it; and  (b) it is impracticable because of work commitments for him or her to recover it immediately.  (6) A temporary ASIC must not be issued for a period longer than:  (a) in the case of a temporary ASIC issued to a person under subregulation (5):  (i) if his or her duties will not permit him or her to return within 24 hours to the place where the ASIC was left—as long as is reasonably necessary to recover the ASIC; or  (ii) 24 hours; or  (b) in any other case—3 months or the remaining period of validity of the permanent ASIC, whichever is shorter.  (7) An issuing body may issue a second temporary ASIC to a person immediately after a temporary ASIC issued to him or her expires, but must not issue a third temporary ASIC to him or her immediately after the second temporary ASIC expires. 6.37  Form of temporary ASICs Form of temporary red ASIC  (1) A temporary red ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body. Form of temporary grey ASIC  (2) A temporary grey ASIC issued by an issuing body must be in a form approved in writing by the Secretary for the issuing body. General  (3) Without limiting subregulation (1) or (2), the approval of a form under subregulation (1) or (2) may extend to specifying any or all of the following:  (a) the dimensions of a temporary ASIC and each of its parts;  (b) the information that must be included on the front or the back of a temporary ASIC;  (c) the security features that must be incorporated into a temporary ASIC;  (d) the kind of photograph of the holder of a temporary ASIC that must be included on the temporary ASIC, including the size and quality of the photograph.  (4) The Secretary must not approve, under subregulation (1) or (2), a form for a temporary ASIC that is to be issued for more than 24 hours at a designated airport, or for more than 72 hours at an airport that is not a designated airport, unless the form requires the following to be included on the temporary ASIC:  (a) a photograph of the holder of the temporary ASIC;  (b) the given name and surname of the holder of the temporary ASIC;  (c) the expiry date of the temporary ASIC.  (4A) The Secretary may approve a form of a temporary ASIC for an issuing body under this regulation only if the Secretary is reasonably satisfied that it is necessary to do so for the purposes of safeguarding against unlawful interference with aviation.  (5) The Secretary may approve the issue of a temporary ASIC showing the holder’s name on the back if the Secretary is satisfied that having the holder’s name on the front would put the holder’s personal security at risk.  (b) the Secretary gives the person a copy of a form approved for the issuing body under this regulation for a temporary red ASIC or a temporary grey ASIC; and  (c) the person issues a temporary red ASIC or a temporary grey ASIC; and  (d) the temporary ASIC issued does not comply in a particular respect with the form approved for the issuing body for that kind of temporary ASIC; and  (e) the respect in which the form does not comply is not the subject of an approval under subregulation (5).  (7) An offence under subregulation (6) is an offence of strict liability. 6.37AA  Issuing body to be given copy of approved form of temporary ASIC  (1) The Secretary must, as soon as practicable after approving a form of a temporary ASIC for an issuing body under regulation 6.37, give a copy of the approved form to the issuing body.  (2) The Secretary may, in the copy of the approved form given to the issuing body, direct that the issuing body must not disclose the details of the approved form to another person except in the circumstances specified in the direction.  (b) the Secretary, under subregulation (1), gives the issuing body a copy of a form approved for the issuing body; and  (c) the copy of the approved form contains a direction under subregulation (2); and  (d) the issuing body contravenes the direction.  (4) An offence under subregulation (3) is an offence of strict liability. 6.37AB  Issuing body may disclose details of approved form to other persons  (1) An issuing body may, in the circumstances specified in a direction in a copy of an approved form given to the issuing body under regulation 6.37AA, disclose the details of the approved form to another person.  (a) an issuing body discloses the details of an approved form to the person in in accordance with subregulation (1); and  (b) the person discloses the details to another person without the written approval of the Secretary. 6.37AC  Holder of temporary ASIC to be supervised   A person who holds a temporary ASIC must be supervised by an ASIC holder whenever the person is required to display an ASIC unless:  (a) the temporary ASIC displayed by the person contains the following:  (i) a photograph of the holder as required by the form approved for the temporary ASIC;  (ii) the given name and surname of the holder of the temporary ASIC as required by the form approved for the temporary ASIC;  (iii) the expiry date of the temporary ASIC as required by the form approved for the temporary ASIC; or   (b) the holder displays a valid ASIC for a different airport. Subdivision 6.5.2A—Issue and form of TACs 6.37B  Issue of temporary aircrew card  (1) An aircraft operator that conducts regular public transport operations may issue a temporary aircrew card to a person if:  (a) the person:  (i) holds a red ASIC or a grey ASIC and does not have his or her ASIC on his or her person; or  (ii) has applied to an issuing body for a red ASIC or a grey ASIC; and  (b) the person is an employee or contractor of the aircraft operator; and  (c) the person requires access to more than one security controlled airport.  (a) the person is an aircraft operator that conducts regular public transport operations; and  (b) the aircraft operator issues a TAC to a person; and  (c) the aircraft operator’s TSP does not set out the process for how the aircraft operator may issue TACs.  (3) The aircraft operator must not issue a TAC that is valid for more than 15 days.  (a) the person issues a TAC, a card resembling a TAC, or a card apparently intended to be taken to be a TAC; and  (b) the person is not an aircraft operator that conducts regular public transport operations.  (5) An offence under subregulation (4) is an offence of strict liability. 6.37C  Holder of TAC to be supervised   If a person is issued a TAC, the person must be supervised by an ASIC holder whenever the person is required to display an ASIC. 6.37D  Form of TAC  (1) The form of a TAC is as follows:   (2) Subject to subregulation (3), a TAC must comply with the following requirements:  (a) the dimensions of the TAC, and of each of its parts, must be as shown in the diagram in subregulation (1);  (b) where the diagram indicates a particular colour, type‑face or type size, that colour, type‑face or type size must be used;  (c) the image of the holder (if shown on the card) must be a recent photograph of the holder, showing the holder’s full face and his or her head and shoulders;  (d) the given name and surname (if shown on the card) must be those that the holder normally uses;  (e) the number must be unique among TACs issued by that aircraft operator;  (f) the aircraft operator identifier must be the aircraft operator’s company name, however the background to the identifier need not be any particular colour;  (g) the expiry date (if shown on the card) must be in the form day abbreviated month abbreviated year, where abbreviated month means the first 3 letters of the name of the month of expiry and abbreviated year means the last 2 digits of the number of the year of expiry.  (3) If the TAC is valid for more than 72 hours, the TAC must contain:  (a) the image of the TAC holder as mentioned in paragraph (2)(c); and  (b) the given name and surname of the TAC holder as mentioned in paragraph (2)(d); and  (c) the expiry date of the TAC as mentioned in paragraph (2)(g).  (a) the person is an aircraft operator; and  (b) the person issues a TAC that does not comply with subregulations (1) to (3).  (5) An offence under subregulation (4) is an offence of strict liability.  (6) The discretionary information area at the bottom of a TAC may be used by the aircraft operator for its own purposes. Subdivision 6.5.3—Issue and form of VICs 6.37E  Who may issue a VIC  (1) A VIC issuer may issue a VIC.  (a) the person issues a VIC, a card resembling a VIC, or a card apparently intended to be taken to be a VIC; and  (b) the person is not a VIC issuer. 6.37F  Approval of aircraft operators as VIC issuers  (1) An aircraft operator that operates a regular public transport operation from a passenger terminal may apply, in writing, to the Secretary for approval to issue VICs.  (2) The application must set out:  (a) the airport or airports for which the aircraft operator wants to issue VICs; and  (b) the reasons why the aircraft operator wants to be approved to issue VICs.  (3) The Secretary may ask the aircraft operator, or the operator of an airport for which the aircraft operator wants to issue VICs (the relevant airport operator), for more information.  (4) When considering whether to give an aircraft operator approval to issue VICs, the Secretary must consider the following:  (a) the aircraft operator’s reasons for wanting to be approved to issue VICs;  (b) the number of VICs that the aircraft operator expects to issue;  (c) the effect that the approval would have on aviation security at the relevant airports, and on the relevant airport operator or operators;  (d) the significance of the facilities operated by the aircraft operator, including:  (i) the size and number of aircraft that use the facilities; and  (ii) the number of passengers that use the facilities; and  (iii) whether the aircraft operator operating the facilities has its own screening point; and  (iv) the measures and procedures in place to control access to the facilities;  (e) whether the aircraft operator intends to authorise agents to issue VICs on behalf of the aircraft operator;  (f) any other relevant information available to the Secretary.  (5) Within 30 days after receiving an application from an aircraft operator, the Secretary must give the aircraft operator written notice of:  (a) the Secretary’s decision to approve, or refuse to approve, the aircraft operator as an issuer of VICs; and  (b) if the Secretary approves the application:  (i) the airports for which the aircraft operator may issue VICs; and  (ii) any conditions that the aircraft operator must comply with.  (6) If the Secretary does not make a decision about an application within 30 days after receiving the application, the Secretary is taken to have refused to approve the aircraft operator as an issuer of VICs.  (7) If the Secretary gives an aircraft operator approval to issue VICs, the Secretary must give the relevant airport operator or operators written notice of the approval. 6.37G  Authorisation of agent of airport operator or Secretary‑approved VIC issuer  (1) An airport operator or a Secretary‑approved VIC issuer may authorise, in writing, one or more agents to issue VICs on its behalf only if the TSP of the airport operator or the Secretary‑approved VIC issuer specifies that the airport operator or Secretary‑approved VIC issuer may authorise agents to issue VICs on its behalf.  (2) An airport operator or Secretary‑approved VIC issuer may only authorise an agent for subregulation (1) if the agent is an appropriate person to issue VICs.  (3) Without limiting subregulation (2), a person is an appropriate person to issue VICs if the following apply:  (a) the person:  (i) controls a secure area or part of a secure area; or  (ii) reasonably needs access to a secure area or part of a secure area; and  (b) the airport operator or Secretary‑approved VIC issuer determines that the person is not likely to be a threat to aviation security; and  (c) VICs cannot more appropriately be issued by the airport operator or Secretary‑approved VIC issuer.  (4) The airport operator or Secretary‑approved VIC issuer must revoke the authorisation of an agent if paragraph (3)(a), (b) or (c) no longer applies to the person.  (5) An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents. Example: If an agent issues a VIC to a person without confirming that person’s identity under regulation 6.38C, the airport operator or Secretary‑approved VIC issuer who authorised the agent commits an offence under subregulation 6.38C(4). 6.37H  VIC issuers’ staff etc  (1) A VIC issuer (other than a Commonwealth agency, the Comptroller‑General of Customs or the Director‑General of Security) commits an offence if:  (a) the VIC issuer allows a person to be directly involved in the issue of VICs; and  (b) the person does not hold an ASIC.  (2) A VIC issuer that is a Commonwealth agency, the Comptroller‑General of Customs, or the Director‑General of Security, must not allow a person to be directly involved in the issue of VICs if the person does not hold an ASIC. 6.38  Issue of VICs  (1) Subject to subregulations (1A) and (2), a VIC issuer may issue a VIC to a person if and only if:  (a) he or she needs to enter the secure area of a security controlled airport for a lawful purpose; and  (b) he or she will be supervised by the holder of a valid ASIC while in the area.  (1A) The Comptroller‑General of Customs may only issue a VIC to a person in the circumstances mentioned in subregulation (1) if the person is:  (b) an officer or employee of ASIO or the Australian Secret Intelligence Service; or  (c) an officer of the Commonwealth or of a State or Territory government.  (2) The Director‑General of Security may issue a VIC to a person in the circumstances mentioned in subregulation (1) only if the person is an officer or employee of ASIO.  (3) Despite subparagraph 6.26A(2)(b)(iii), a VIC holder who is supervised by a representative of a prescribed air service, being a representative who holds an ASIC, may access:  (a) an aircraft engaged in a prescribed air service; or  (b) passengers boarding, or intending to board, such an aircraft; or  (c) anything being loaded, or to be loaded, on board such an aircraft.  (4) A VIC issuer must not issue a VIC in contravention of subregulation (1). Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).  (5) A contravention of subregulation (4) is an offence of strict liability. Persons to whom VIC cannot be issued  (6) A VIC issuer must not knowingly issue a VIC to a person who:  (a) has been refused an ASIC; or  (b) is the holder of an ASIC that has been suspended under regulation 6.42A; or  (c) was the holder of an ASIC that was cancelled under paragraph 6.43(2)(b), (ba), (bb), (d) or (db). Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).  (a) the person applies for a VIC; and  (b) the person declares that he or she has not:  (i) been refused an ASIC; or  (ii) had an ASIC suspended or cancelled because he or she had an adverse criminal record; and  (c) the person knows that the declaration is not true. 6.38A  Statement of reasons for entry to secure area  (1) For paragraph 6.38(1)(a), a person must give the VIC issuer a written statement of the reasons why the person needs to enter the secure area.  (2) A person who holds a red ASIC or a grey ASIC must give the VIC issuer written confirmation of the person’s reasons why the person needs to enter the secure area.  (a) the person gives a VIC issuer a written statement of the reasons why the person needs to enter a secure area; and  (b) the person knows that the statement is false or misleading.  (a) the person holds a red ASIC or a grey ASIC; and  (b) the ASIC holder gives a VIC issuer written confirmation of the reasons why another person needs to enter a secure area; and  (c) the ASIC holder knows that the confirmation is false or misleading.  (5) A VIC issuer may approve, or refuse to approve, a reason for why a person needs to enter a secure area.  (a) the person is a VIC holder; and  (b) the person:  (i) enters a secure area other than for an approved reason; or  (ii) engages in conduct that is inconsistent with the approved reasons for entry. 6.38B  Changed reasons for entry  (a) a person gives a VIC issuer a statement of the reasons why the person needs to enter a secure area; and  (b) the person is issued a VIC; and  (c) the reasons why the person needs to enter or be in the secure area change.  (2) The person must give the VIC issuer a written statement of the changed reasons.  (3) If the person gives the VIC issuer a written statement of the changed reasons, the VIC issuer may approve, or refuse to approve, the changed reasons for entry. Note: A person commits an offence under subregulation 6.38A(6) if the person enters a secure area other than for an approved reason, or engages in conduct that is inconsistent with the approved reasons for entry. 6.38C  Proof of identity  (1) A VIC issuer must not issue a VIC to a person unless the person confirms his or her identity:  (a) by showing the VIC issuer a Category B identification document for the person; or  (c) in the manner specified by the Secretary in an instrument made for this paragraph.  (3) However, the person does not need to confirm his or her identity if:  (a) the person is a person mentioned in paragraph 4.12(1)(a), (b) or (c); or  (c) the VIC issuer determines that there are exceptional circumstances. Example for paragraph (c): There is a plumbing or electrical emergency and the person who is to fix the problem has forgotten to bring his or her identification documents.  (b) the VIC issuer (or its agent) issues a VIC to a person (the VIC holder); and  (c) at the time of issue, the VIC holder does not confirm his or her identity in accordance with subregulation (1); and  (d) the VIC holder is not exempt from confirming his or her identity under subregulation (3). Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).  (5) If a VIC issuer issues a VIC to a person and the person did not confirm his or her identity at the time of issue because the VIC issuer determined that there were exceptional circumstances, the VIC issuer must:  (a) record, in writing, the circumstances under which the VIC was issued; and  (b) maintain the record for 24 months; and  (c) allow an aviation security inspector to inspect the record on request during normal business hours. 6.38D  Particulars of VICs Conditions  (1) A VIC issuer may issue a VIC subject to a condition.  (2) The VIC issuer must notify the VIC holder of the condition in writing or orally. VIC only valid in specific airport  (a) the person is an airport operator; and  (b) the airport operator (or its agent) issues a VIC:  (i) that is valid in more than one airport in Australia; or  (ii) for an airport that is not operated by the airport operator. Note: An airport operator is responsible for the actions of its agents under subregulation 6.37G(5).  (a) the person is a Secretary‑approved VIC issuer; and  (b) the Secretary‑approved VIC issuer (or its agent) issues a VIC:  (i) that is valid in more than 1 airport in Australia; or  (ii) that is valid in an airport for which the person is not approved to issue VICs. Note: A Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5). Period of validity of VIC  (5) Subject to subregulations (6) and (7), a VIC issuer must not issue a VIC that is valid for more than 28 days.  (6) The Comptroller‑General of Customs must not issue a VIC:  (a) that is valid for more than 24 hours; or  (b) that is valid in more than 1 airport.  (7) The Director‑General of Security must not issue a VIC:  (a) that is valid for more than 24 hours; or  (b) that is valid in more than 1 airport. 6.38E  The 28 day rule—VICs issued for particular airport  (1) This regulation does not apply to the Comptroller‑General of Customs or the Director‑General of Security.  (b) the VIC issuer (or its agent) issues a VIC for a particular airport to a person; and  (c) the person to whom the VIC is issued has held a VIC for that airport for a total of 28 or more days in the previous 12 months. Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).  (3) If a person has held a VIC for a particular airport for less than a total of 28 days in the previous 12 months, a VIC issuer may issue a VIC for that airport to the person only if the period for which the VIC will be valid will not result in the person holding a VIC for that airport for more than a total of 28 days in a 12 month period. Note: For exceptions to subregulations (2) and (3), see regulations 6.38G to 6.38I.  (4) A person commits an offence if the person:  (a) applies for a VIC for a particular airport; and  (b) the person knows that he or she has held a VIC for that airport for a total of 28 or more days in the previous 12 months.  (5) For this regulation, the following must be disregarded when working out how many days a person has held a VIC:  (a) a VIC issued by the Comptroller‑General of Customs;  (b) a VIC issued by the Director‑General of Security;  (c) a VIC issued relying on regulation 6.38G, 6.38H or 6.38I;  (d) a VIC issued relying on an exemption under regulation 6.38F. 6.38EA  The 28 day rule—additional rules for Secretary‑approved VIC issuers  (a) the person is a Secretary‑approved VIC issuer who is approved to issue VICs in more than one airport; and  (b) the Secretary‑approved VIC issuer (or its agent) issues a VIC to a person; and  (c) the person to whom the VIC is issued has held a VIC, issued by or on behalf of the Secretary‑approved VIC issuer, for any of those airports for a combined total of 28 or more days in the previous 12 months. Example: If a Secretary‑approved VIC issuer has, in the previous 12 months, issued a VIC to a person for an airport for a total of 18 days, and issued a VIC to the person for another airport for a total of 10 days, the issuer has issued a VIC to the person for any of the airports for a combined total of 28 days in the previous 12 months. Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).  (a) applies to a Secretary‑approved VIC issuer for a VIC; and  (b) the person knows that he or she has held a VIC, issued by or on behalf of the Secretary‑approved VIC issuer, for a total of 28 or more days in the previous 12 months.  (3) Subregulation (4) applies if:  (a) a Secretary‑approved VIC issuer (or its agent) issues VICs for a particular airport during a particular month; and  (b) any of the VICs were issued to a person who, by the last day of the month, had held a VIC for the airport for a total of 20 or more days in the previous 12 months; and  (c) screened air services are operated from the airport.  (4) The Secretary‑approved VIC issuer must give to the operator of the airport, by the seventh day of the following month, the following details in relation to each VIC mentioned in paragraph (3)(b):  (a) the name, date of birth and address of the person to whom the VIC was issued; and  (b) the date the VIC was issued; and  (c) how many days the VIC is valid for.  (4A) Paragraph (4)(a) does not apply in relation to a residential address that is not required to be contained on a particular register because of subregulation 6.25A(3).  (5) A Secretary‑approved VIC issuer must comply with the Australian Privacy Principles set out in Schedule 1 to the Privacy Act 1988 in relation to information about VICs or VIC holders. 6.38EB  The 28 day rule—additional rule for Comptroller‑General of Customs  (1) The Comptroller‑General of Customs must not issue a VIC to a person if the person has held a VIC, issued by the Comptroller‑General of Customs, for a total of 28 or more days in the previous 12 months.  (a) applies to the Comptroller‑General of Customs for a VIC; and  (b) the person knows that he or she has held a VIC, issued by the Comptroller‑General of Customs, for a total of 28 or more days in the previous 12 months. 6.38EC  The 28 day rule—additional rule for Director‑General of Security  (1) The Director‑General of Security must not issue a VIC to a person if the person has held a VIC, issued by the Director‑General of Security, for a total of 28 or more days in the previous 12 months.  (a) applies to the Director‑General of Security; and  (b) has held a VIC issued by the Director‑General of Security knowing that it for was for a total of 28 or more days in the previous 12 months. 6.38F  Temporary exemption from 28 day rule  (1) The Secretary may exempt, in writing, a VIC issuer, a class of VIC issuers, or all VIC issuers from subregulations 6.38E(2) and (3) and 6.38EA(1) for a period specified in the exemption.  (2) An exemption may be subject to conditions.  (3) A VIC issuer to whom the exemption applies must comply with any conditions specified by the Secretary in the exemption.  (4) A VIC issuer may apply, in writing, to the Secretary for an exemption under subregulation (1). 6.38G  VIC issued to applicant for ASIC   Despite subregulations 6.38E(2) and (3), a VIC issuer may issue a VIC for a particular airport to a person who has held, or will hold, a VIC for that airport for a total of 28 or more days in a 12 month period if:  (a) the person has applied for an ASIC and the issuing body has not yet issued, or not yet refused to issue, the ASIC; and  (b) the VIC issuer independently confirms that the issuing body has received the completed application but has not yet issued, or refused to issue, the ASIC. 6.38H  VIC issued to ASIC holder  (1) Despite subregulations 6.38E(2) and (3), a VIC issuer may issue a VIC for a particular airport to a person who has held, or will hold, a VIC for that airport for a total of 28 or more days in a 12 month period if:  (a) both of the following apply:  (i) the person holds a red ASIC or a grey ASIC and does not have the ASIC on his or her person;  (ii) the VIC issuer independently confirms that the person holds a valid red ASIC or grey ASIC; or  (b) both of the following apply:  (i) the person holds a red ASIC or a grey ASIC and has the ASIC on his or her person;  (ii) the ASIC is for a different airport.  (2) If a VIC issuer issues a VIC to a person under subregulation (1), the VIC issuer must ensure that the VIC does not have any expiry date any later than the expiry date of the ASIC. 6.38I  VIC issued to person in exceptional circumstances  (1) Despite subregulations 6.38E(2) and (3), a VIC issuer may issue a VIC for a particular airport to a person who has held, or will hold, a VIC for that airport for a total of 28 or more days in a 12 month period if the VIC issuer is satisfied on reasonable grounds that there are exceptional circumstances to justify the issue of the VIC. Example: There is a plumbing or electrical emergency and the person requires a VIC to access areas to fix the problem.  (2) If a VIC issuer issues a VIC in the circumstances mentioned in subregulation (1), the VIC issuer must:  (a) record, in writing, the circumstances under which the VIC was issued; and  (b) maintain the record for 24 months; and  (c) allow an aviation security inspector to inspect the record on request during normal business hours. 6.39  Default form of VICs  (1) Unless the Secretary approves otherwise, the form of a VIC is as follows:   (2) Subject to subregulation (4A), and unless the Secretary approves otherwise, a VIC must comply with the following requirements:  (a) the dimensions of the VIC, and of each of its parts, must be as shown in the diagram in subregulation (1);  (b) where the diagram indicates a particular colour, type‑face or type size, that colour, type‑face or type size must be used;  (c) the image of the holder (if shown on the card) must be a recent photograph of the holder, showing the holder’s full face and his or her head and shoulders;  (d) the given name and surname (if shown on the card) must be those that the holder normally uses;  (e) the number must be unique among VICs issued by that VIC issuer;  (f) the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport must appear where ‘APT SPECIFIC’ appears on the diagram in subregulation (1);  (g) the VIC issuer identifier must be:  (i) if the VIC is issued by an airport operator or its agent:  (A) the airport operator’s logo; or  (B) the ICAO 4‑letter code, the ICAO 3‑letter code or the IATA 3‑letter code for the airport; or  (ii) if the VIC is issued by a Secretary‑approved VIC issuer or its agent—the aircraft operator’s company or trading name; or  (iii) if the VIC is issued by the Comptroller‑General of Customs—the words ‘Comptroller‑General of Customs’;   however, the background to the identifier may be any colour;  (i) the expiry date (if shown on the card) must be in the form day abbreviated month abbreviated year, where abbreviated month means the first 3 letters of the name of the month of expiry and abbreviated year means the last 2 digits of the number of the year of expiry.  (3) A VIC that is issued to a law enforcement officer or an officer or employee of ASIO may bear the holder’s name on the back of the card (that is, the side other than the side on which the other particulars and things required by subregulation (2) appear).  (4) The Secretary may approve the issue of a VIC showing the holder’s name on the back if the Secretary is satisfied that having the holder’s name on the front would put the holder’s personal security at risk.  (4A) If a VIC is valid for more than 24 hours at a designated airport, or more than 72 hours at an airport that is not a designated airport, the VIC must contain:  (a) the image of the VIC holder as mentioned in paragraph (2)(c); and  (b) the given name and surname of the VIC holder as mentioned in paragraph (2)(d); and  (c) the expiry date of the VIC as mentioned in paragraph (2)(i).  (5) Unless the Secretary has approved otherwise, a VIC issuer must not issue a VIC that does not comply with subregulations (1) to (4A). Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).  (6) An offence under subregulation (5) is an offence of strict liability.  (7) The discretionary information area at the bottom of a VIC may be used by the VIC issuer for its own purposes. 6.39A  Secretary’s approval of the issue of VICs in other forms VICs issued by the Comptroller‑General of Customs or Director‑General of Security  (1) The Comptroller‑General of Customs or the Director‑General of Security (the requesting VIC issuer) may apply to the Secretary for approval to issue VICs in a form other than that set out in regulation 6.39.  (2) The application must be in writing and must set out:  (a) the proposed form of VICs; and  (b) the reasons for the proposed differences.  (3) If the Secretary needs more information to deal with an application, the Secretary may ask the requesting VIC issuer, in writing, to provide the information.  (4) Within 30 days after receiving an application (or, if the Secretary has asked for information under subregulation (3), after receiving the information), the Secretary:  (a) must approve, or refuse to approve, in writing, the issue of VICs in the proposed form; and  (b) must notify the requesting VIC issuer in writing of the decision and, if the decision is a refusal, the reasons for the decision.  (5) If the Secretary has not approved, or refused to approve, the issue of VICs in the proposed form within the period allowed by subregulation (4), the Secretary is taken to have refused to approve the issue of VICs in the proposed form.  (6) Before approving or refusing to approve the issue of VICs in the proposed form, the Secretary must consider:  (a) the justification offered for the difference; and  (b) the likely effect of the difference on aviation security in Australia generally; and  (c) the likely effect of the difference on aviation security at the airport or airports concerned; and  (7) The Secretary may give an approval subject to a condition, but must notify the requesting VIC issuer in writing what the condition is. VICs issued by airport operators and aircraft operators  (7A) A VIC issuer (other than the Comptroller‑General of Customs or the Director‑General of Security) may issue VICs in a form that is different from that set out in regulation 6.39 if the Secretary has approved the different form.  (7B) The Secretary is taken to have approved the different form for subregulation (7A) if:  (a) the VIC issuer’s TSP sets out the different form; and  (b) the Secretary has approved the part of the TSP that sets out the different form.  (7C) If the VIC issuer is an agent of an airport operator or Secretary‑approved VIC issuer, the agent may only issue VICs in a form that is different from that set out in regulation 6.39 if:  (a) the airport operator’s or Secretary‑approved VIC issuer’s TSP sets out:  (i) the different form; and  (ii) that the agent will issue VICs in the different form; and  (b) the Secretary has approved the part of the TSP that sets out the different form and states that the agent will issue VICs in the different form.  (8) A person commits an offence if:  (b) the Secretary has approved a different form for VICs issued by that VIC issuer; and  (c) the VIC issuer:  (i) issues a VIC that does not comply with either the different form or the form set out in regulation 6.39; or  (ii) contravenes a condition of the approval of the different form. Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5).  (9) An offence under subregulation (8) is an offence of strict liability.  (10) A person commits an offence if:  (b) the VIC issuer is an airport operator or a Secretary‑approved VIC issuer; and  (c) the VIC issuer’s TSP states that the VIC issuer (or its agent) must not issue a VIC in the form set out in regulation 6.39; and  (d) the VIC issuer (or its agent) issues a VIC in the form set out in regulation 6.39. Note: An airport operator or Secretary‑approved VIC issuer is responsible for the actions of its agents under subregulation 6.37G(5). Subdivision 6.5.3A—Obligations of VIC issuer, VIC holder, ASIC holder or issuing body 6.40  Obligations of VIC issuer  (1) If a VIC issuer issues a VIC to a person, the VIC issuer must ensure that the VIC holder is aware of the VIC holder’s responsibilities under these Regulations. Examples: