Aviation Transport Security Act 2004

The regulations may establish a system (the demerit points system) for and in relation to the following:

the accrual of demerit points by aviation industry participants;

the expiry of demerit points accrued by aviation industry participants;

keeping a register of demerit points accrued by aviation industry participants.

For the consequences of the demerit points system see sections 26 and 26G (about transport security programs) and subsection 44C(3AA) (about known consignors and regulated agents).

The demerit points system must only allow demerit points to be accrued if an aviation industry participant:

is convicted or found guilty of an offence against this Act; or

under a scheme established under regulations made under section 117, pays a penalty to the Commonwealth as an alternative to prosecution.

Without limiting the scheme that may be established under subsection (1), the scheme may provide that different provisions apply to different kinds of aviation industry participants or to different classes of participants within a kind of aviation industry participant.