Aviation Transport Security (Screening Officer Requirements) Determination 2025

This Determination prescribes minimum workforce-entry and ongoing competency requirements for persons authorised or required to conduct aviation screening as screening officers under the Aviation Transport Security Act 2004. It operates as a delegated instrument made under section 94A of the Act (see s3), and it commences the day after registration (s2). The instrument replaces the 2023 Determination in full (Schedule 1).

Mechanically, the instrument requires screening officers to hold specified qualifications (s7), permits a defined class of existing screening officers to rely on alternative qualifications or equivalent experience (s8), imposes a 40‑hour on‑the‑job training obligation for new or long‑absent officers (s9), requires passing Department‑approved aviation accreditation tests before exercising independent screening powers and on an annual basis thereafter (s10), mandates 12 hours per annum of continuing professional development (s11), obliges screening officers to be ASIC holders and to properly display their ASIC (s12), requires uniforms to be distinctive and recognisable (s13), and requires screening authorities to create and retain specified electronic records for each screening officer for two years after cessation of engagement (s14).

The Determination places several implementation control points under the Secretary’s authority. The Secretary approves aviation accreditation tests and the test administrators, and requires the tests to be completed using the Department’s ICT systems (s10(6)). The instrument further cross‑references the Secretary’s power to exempt classes of screening officers under section 94B of the Act (not part of this instrument but noted in s3). The Determination specifies process constraints on tests, including supervision requirements after failure, limits on re‑attempts (no more than three attempts in any 30‑day period), and the requirement that no independent screening decision be made until the relevant aviation accreditation test is passed (s10(1), (4), (5)). Recordkeeping is expressly electronic and includes the ASIC unique number, issuing body and cessation date (s14(1)(e)), and evidence relied on for alternative qualification pathways must be retained (s14(2)).

In short, the instrument creates a regimented qualification, training, testing, and recordkeeping regime for screening officers, with the Secretary retaining approval and exemption powers and the Department’s ICT forming part of the testing and recordkeeping architecture.

The Determination revolves around a small set of administrative and competency concepts that structure eligibility and ongoing authorisation to perform screening functions.

• Screening officer and screening authority. The requirements apply to persons authorised or required under the Act to conduct screening as screening officers (s6). Screening authorities are the entities that engage or employ those screening officers and that carry the recordkeeping obligations (s14(1)). The instrument does not define enforcement mechanisms beyond setting those obligations.

• Qualifications. The baseline qualification requirement is a Certificate II in Transport Security Protection, or any other qualification the Secretary is satisfied will enable the holder to carry out screening officer duties under the Act (s7). An alternative pathway is specified for a cohort of long‑serving or continuously employed screening officers who meet the temporal criteria in s8(1), allowing them to hold a Certificate II in Security Operations, an equivalent qualification approved by the Secretary, or, for former maritime screening officers, industry training and experience sufficient to meet state or territory security guard licence requirements (s8).

• Training. New entrants and persons re‑engaged after prolonged absence must complete at least 40 hours of on‑the‑job training specific to their role (s9(1)). The Determination lists typical content areas that may be included in that training, for example supervised practice at a screening point, X‑ray image interpretation, training on specific equipment, weapons and prohibited items, methods and techniques for screening, and familiarity with relevant legislation (s9(3)). There is an exclusion for persons who were maritime screening officers on or before 30 June 2023, with a limited caveat if they later cease for 24 months or more and are re‑engaged (s9(2)).

• Testing and accreditation. Before making any independent screening decision a screening officer must pass aviation accreditation tests for each power or function they will exercise, and must pass such tests at least once every 12 months thereafter (s10(1)). Tests must be administered by a person approved by the Secretary, and must be completed using the Department’s ICT systems (s10(6)). Where no test exists for a particular power or function, the screening officer must still have passed other relevant tests before exercising that power (s10(3)). Failures trigger mandatory supervision and a prohibition on independent decisions relating to that power until the test is passed (s10(4)). Re‑attempt limits are capped at three attempts in any 30‑day period (s10(5)).

Primary actors affected by the Determination are screening officers and screening authorities, plus indirectly the Secretary and the Department of Home Affairs as administrator.

• Screening officers. The Determination applies to every person authorised or required to conduct screening under the Act (s6). That includes new entrants as well as existing officers who are re‑engaged after specified periods of absence. Screening officers must meet the qualification thresholds (s7), complete required on‑the‑job training where applicable (s9), pass aviation accreditation tests before making independent screening decisions and annually thereafter (s10), undertake continuing professional development (s11), hold and properly display an ASIC (s12), and wear a distinctive uniform (s13). Screening officers who fail a test are restricted to supervised activity for the relevant powers or functions (s10(4)).

• Screening authorities. The entities that engage or employ screening officers carry the recordkeeping obligations in s14. They must create an electronic record for each screening officer including engagement date, qualifications, training undertaken, CPD, and ASIC details (s14(1)(a)-(e)). The authority must also retain evidence relied upon for alternative qualification pathways where s8 or s9(2) applies (s14(2)). The authority must keep these records for two years post‑cessation of engagement (s14(3)). The Determination therefore imposes administrative and systems requirements on screening authorities, including implementing electronic record systems compatible with Department expectations.

• Maritime screening officers and maritime entities. The Determination explicitly defines maritime screening officer and maritime entity within its definitions (s4). It creates alternative qualification pathways for persons who on or before 16 January 2022 were engaged as screening officers or maritime screening officers and who after 16 June 2020 did not cease engagement for a continuous period of more than 24 months (s8(1)). It also provides an express exception to the 40‑hour on‑the‑job training rule for persons who were maritime screening officers on or before 30 June 2023 in certain circumstances (s9(2)). Maritime entities therefore face nuanced transitional arrangements.

• The Secretary and Department. The Secretary approves aviation accreditation tests and the persons who administer them, and requires those tests to be completed using Department ICT systems (s10(6)). The Secretary also has existing statutory power to exempt classes of screening officers under s94B of the Act, which the Determination notes (s3). Accordingly the Secretary and the Department are decisionmakers controlling accreditation, exemptions and ICT delivery of the testing regime.

The Determination prescribes affirmative duties for screening officers and screening authorities, and it confers procedural rights tied to testing and qualifications.

Duties of screening officers

• Hold prescribed qualifications. A screening officer must hold either a Certificate II in Transport Security Protection, or any other qualification the Secretary is satisfied will enable performance of screening duties under the Act (s7). For certain long‑serving or continuously employed officers, alternative qualifications are available (s8(2)).

• Undergo on‑the‑job training where applicable. New screening officers engaged on or after 1 July 2022, and persons re‑engaged after a continuous absence of more than 24 months occurring on or after 1 July 2022, must complete at least 40 hours of role‑specific on‑the‑job training (s9(1)). The Determination lists accepted training types (s9(3)) and provides an exception for specified maritime screening officers (s9(2)).

• Pass aviation accreditation tests. Before making any independent screening decision a screening officer must pass an aviation accreditation test for each power or screening function they will exercise (s10(1)(a)). They must re‑accredit at least once every 12 months for each power or function they exercise (s10(1)(b)). If no test exists for a particular power, the officer must have passed other aviation accreditation tests before exercising that power (s10(3)).

• Comply with supervision and re‑test rules following failure. If a screening officer fails a test for a specific power or function they must be supervised by another officer who has passed and must not make independent screening decisions for that power until they pass (s10(4)). They may retake the test but no more than three times in any 30‑day period (s10(5)).

• Complete continuing professional development. Screening officers must complete at least 12 hours of CPD in role‑specific training every 12 months from the date they passed their first aviation accreditation test (s11(1)). The Determination lists typical CPD topics (s11(2)).

• Hold and properly display an ASIC. Screening officers must be holders of an Aviation Security Identification Card, and must properly display it while on duty or as otherwise required by the Regulations (s12(1)(a), (b)).

• Wear a distinctive and recognisable uniform. The Determination requires a distinctive and recognisable uniform, without prescribing form or standards (s13).

The Determination itself does not contain express penalty clauses or detailed enforcement mechanisms. It is an instrument made under section 94A of the Aviation Transport Security Act 2004 (s3), and enforcement, sanctions and offences relevant to non‑compliance are located in the Act and the Aviation Transport Security Regulations 2005 rather than in this Determination. The Determination refers to regulatory requirements such as properly displaying an ASIC as defined in the Regulations (s12, note).

Enforcement architecture implied by the Determination

• Secretary’s approvals and discretionary powers. The Secretary approves aviation accreditation tests and the persons authorised to administer them (s10(6)(a)), and assesses whether alternative qualifications are satisfactory (s7(b), s8(2)(b)). These approval powers create administrative chokepoints that the Secretary and Department can use to control practical compliance, including who may administer tests and the content and format of tests.

• Operational controls built into the regime. The Determination ties operational privileges to certification events, for example prohibiting independent screening decisions until the officer has passed relevant tests (s10(1)(a)), and requiring supervision on failure (s10(4)). These are immediate operational enforcement mechanisms: screening officers who do not meet the testing requirements cannot lawfully make independent screening decisions under the Determination’s terms.

• Recordkeeping as an audit trail. Screening authorities must keep specified electronic records and retain them for two years after cessation of employment or engagement (s14(1), (3)). Those records create a compliance trail that can be inspected or audited under regulatory powers in the Act or Regulations. The Determination mandates the content of records including ASIC unique number and issuing body (s14(1)(e)), which facilitates verification.

What the Determination does not do within its text

• It does not set fines, criminal offences, or civil penalty amounts. No monetary penalties or sanctioning schedules are prescribed in the instrument text.

• It does not describe investigatory powers, inspection procedures, or administrative penalty processes. The instrument relies on the broader statutory framework of the Act and Regulations for enforcement mechanisms.

Practical enforcement risk and residual discretion

The Determination is expressly made under the Act and cross‑references the Regulations and the Maritime Transport and Offshore Facilities Security Act 2003 in its definitions and notes. It therefore functions as a delegated instrument that supplements and specifies operational requirements under the primary aviation security statute.

Interactions expressly stated in the text

• Aviation Transport Security Act 2004. The Determination is made under s94A of that Act (s3). It applies to persons authorised or required to conduct screening as screening officers under the Act (s6). The instrument also refers to the Secretary’s power under section 94B of the Act to exempt classes of screening officers from the Determination’s requirements (s3 note). The Act will contain the primary offences, broader enforcement powers, and definitions not repeated in the Determination.

• Aviation Transport Security Regulations 2005. The Determination relies on terms and operational rules in the Regulations. For example, the ASIC concept, the requirement to properly display an ASIC, and the meaning of holder are noted as being defined in the Regulations (s4 note, s12). The Determination therefore presupposes compliance with the Regulations’ requirements for ASIC issuance, display and related obligations.

• Maritime Transport and Offshore Facilities Security Act 2003. The instrument imports the definitions of maritime screening officer, port facility operator, regulated Australian ship, and ship operator from that Act for use in the Determination’s alternative qualification and transitional provisions (s4 note). The s8 alternative qualification pathway and the s9(2) training exception specifically turn on whether a person was engaged as a maritime screening officer under that maritime statute.

Practical points about cross‑statutory interactions

• Administrative overlap for maritime regimes. Where a person was employed as a maritime screening officer under the Maritime Transport and Offshore Facilities Security Act 2003 on or before specified dates, the Determination grants tailored pathways for qualifications and training (s8, s9). Screening authorities that operate across maritime and aviation regimes will need to reconcile licensing and training records across both statutory schemes because the Determination requires evidence of those historical engagements to be recorded (s14(2)).

• Regulatory detail left to Regulations and Department processes. The Determination references the Regulations for ASIC rules and delegates content and delivery of accreditation tests to the Secretary and Department ICT systems (s10(6), s12). Therefore the specific operational mechanics of ASIC issuance, the content and administration of tests, and any inspection powers or penalties will be governed by the Act and Regulations and by the Department’s approvals and ICT implementation.

This Determination is dated 9 May 2025 and commences the day after registration (s2). It is made under s94A of the Aviation Transport Security Act 2004 (s3). Schedule 1 expressly repeals the earlier instrument titled Aviation Transport Security (Screening Officer Requirements) Determination 2023, by repealing the whole of that instrument (Schedule 1, item 1).

Key temporal markers and transitional cut‑offs inside the instrument

• The instrument differentiates cohorts by reference to historical dates for employment. The alternative qualification provisions in s8 apply to persons who, on or before 16 January 2022, were engaged or employed as screening officers or maritime screening officers, and who, on or after 16 June 2020, did not cease engagement for a continuous period of more than 24 months (s8(1)). Those precise dates frame who may rely on Certificate II in Security Operations or other equivalent qualifications.

• The 40‑hour on‑the‑job training requirement is applied prospectively to persons first engaged on or after 1 July 2022, and to persons re‑engaged after a continuous absence of more than 24 months that occurs on or after 1 July 2022 (s9(1)). The Determination provides an example to clarify the cut‑off.

• For maritime screening officers, an exception to the training requirement applies to persons who were maritime screening officers on or before 30 June 2023; those persons are not required to complete the 40 hours unless they later cease engagement for a continuous period of 24 months or more after 30 June 2023 and are later re‑engaged (s9(2)).

• Continuing professional development is calculated from the date of passing the first aviation accreditation test; the CPD cycle is annual from that date (s11(1)). An example is provided to illustrate timing.

Other formalities

• The Determination includes a definitions section (s4) that imports various terms from the Act and from the Regulations and the Maritime Transport and Offshore Facilities Security Act 2003. That means amendments to those primary instruments may change the interpretive field of the Determination.

• The instrument reserves to the Secretary the ability to approve tests and administrators (s10(6)), and notes the Secretary’s exemption power under s94B of the Act (s3 note). Future amendments to either the Act or the Regulations that change the Secretary’s approval or exemption powers will therefore affect the operational application of the Determination.

The Determination text contains no references to judicial decisions, tribunal determinations, or litigation arising under this instrument. The instrument does not cite cases, nor does it include any built‑in dispute resolution or appeal process beyond the Secretary’s approval and exemption functions referenced in the text (s3, s10(6)).

Implications of the absence of litigation material in the instrument

• No reported decisions are referenced. The Determination does not string to precedent or adjudicative interpretations within its text; it is an administrative instrument that sets standards and leaves enforcement, interpretation, and any review of administrative decisions to the general legal framework established by the Act, the Regulations and administrative law principles.

• Administrative decisions subject to review. Several provisions require the Secretary to be “satisfied” about equivalence of qualifications or to approve test administrators and tests (s7(b), s8(2)(b), s10(6)(a)). Although the Determination does not spell out appeal routes, decisions by the Secretary or Department officials are typically amenable to administrative review or merits review under general administrative law and any relevant statutory review mechanisms in the Act or other applicable statutes. Those procedural mechanisms are not replicated in this instrument.

• Evidentiary and interpretation disputes likely to be administrative in nature. Disputes will most plausibly concern whether a particular qualification is “equivalent” for the Secretary’s purposes, whether a person falls within the s8 transitional cohort, whether the 24‑month continuous engagement test is satisfied, or whether training and CPD timelines were met. The Determination’s requirement to record evidence for s8 and s9(2) (s14(2)) will be relevant in such disputes.

Because the Determination contains no litigation history or interpretive guidance from courts or tribunals, organisations and practitioners should anticipate that interpretive disputes will be resolved through administrative decision processes, and ultimately through judicial review if necessary, under the general administrative law regime applicable to decisions by Commonwealth officials. The Determination itself provides no litigation roadmap.

This instrument contains several granular operational requirements and temporal cut‑offs that are easy to misread and that create compliance traps if screening authorities and officers do not track them carefully.

1. Timing and the prohibition on independent screening decisions. A screening officer must pass an aviation accreditation test for each power or function before making any independent screening decision involving that power or function (s10(1)(a)). The practical consequence is that a newly hired or re‑engaged officer who has not yet passed the relevant test must be supervised for any independent decision‑making until the test is passed. Failure to observe this sequencing risks non‑compliance even if the officer has completed qualifications or training.

2. Annual re‑accreditation requirement. Tests must be passed at least once every 12 months for each power or function exercised (s10(1)(b)). The Determination calculates CPD from the date of the first test pass, but the annual testing requirement is not automatically synchronised with CPD cycles unless the employer coordinates them. Organisations need active calendars to prompt both re‑accreditation and CPD completion.

3. Test administration constraints. Aviation accreditation tests must be administered by a person approved by the Secretary and completed using the Department’s ICT systems (s10(6)). Employers must ensure access to the Department’s ICT test platform and confirm the test administrators are approved; otherwise staff cannot lawfully pass tests. This creates a technical dependence on Department systems and approvals that can delay onboarding.

4. Re‑attempt cap. A screening officer may re‑take a failed test but no more than three times within any 30‑day period (s10(5)). The 30‑day window begins from the date of the first unsuccessful attempt. Employers should plan remediation and re‑testing schedules around this cap, particularly where operational rostering is pressured.

5. The no‑test fallback. If no aviation accreditation test exists for a particular power or function, s10(3) requires the screening officer to have passed any aviation accreditation tests for other powers or functions before exercising that power. That clause may block an officer from exercising a new or rare power where the Department has not yet developed a specific test, and it creates an implicit sequencing constraint requiring alternate certification first.

6. Complex transitional rules for maritime personnel. The alternative qualification pathway in s8 applies only to persons satisfying both temporal criteria: engaged on or before 16 January 2022, and not having ceased engagement for more than 24 continuous months on or after 16 June 2020 (s8(1)). The maritime training exception in s9(2) applies to persons who were maritime screening officers on or before 30 June 2023, but if they later cease engagement for 24 months or more after 30 June 2023 and are re‑engaged, the 40‑hour training requirement re‑applies. These overlapping date tests require precise personnel history and careful documentary evidence, because reliance on transitional pathways must be recorded (s14(2)).

To align operations with the Determination, screening authorities and screening officers should implement a compliance programme addressing qualifications, training, testing, CPD, ASIC management, uniforms, and recordkeeping. The following stepwise compliance checklist maps the Determination’s requirements to concrete actions, with statutory references.

1. Map your cohort and identify applicable pathways (s6, s8, s9(2))

• Identify which employees and contractors are “screening officers” under the Act (s6).
• Determine who falls into the s8 historical cohort by checking whether each person was engaged on or before 16 January 2022 and whether they maintained continuous engagement after 16 June 2020 without a break longer than 24 months (s8(1)).
• For maritime screening officers, identify who was engaged on or before 30 June 2023 for the s9(2) treatment.

2. Verify qualifications and evidence (s7, s8, s14(2))

• For each screening officer, confirm possession of a Certificate II in Transport Security Protection, or secure Secretary approval that another qualification is satisfactory (s7).
• For those relying on the s8 alternative pathway, verify Certificate II in Security Operations, recognised equivalent qualifications, or, for former maritime screening officers, evidence of training/experience equivalent to state/territory security guard licence requirements (s8(2)).
• Record and retain documentary evidence of equivalence or historical maritime engagement as required by s14(2).

3. Implement on‑the‑job training programmes (s9)

• For new hires (engaged on or after 1 July 2022) and re‑engaged staff returning after a continuous absence of more than 24 months occurring on or after 1 July 2022, provide at least 40 hours of role‑specific supervised training (s9(1)).
• Ensure training covers relevant content listed in s9(3) as appropriate: supervised practice, X‑ray image interpretation, equipment familiarisation, weapons/prohibited items, cleared area integrity, screening techniques, and legislation.

4. Establish access to Department accreditation tests (s10(6))

• Confirm which aviation accreditation tests are required for the powers and functions your officers will exercise (s10(1)(a)).
• Liaise with the Department to ensure test administrators are approved by the Secretary and that your staff have access to the Department’s ICT systems for test completion (s10(6)(a)-(b)). Build test access into onboarding workflows.