Aviation Transport Security Act 2004

This Act establishes a number of mechanisms to safeguard against unlawful interference with aviation and operational interference with aviation.

Part 2 requires aviation industry participants to have in place approved transport security programs. Such programs must set out how the participants will manage security for their operations, and may also deal with safeguarding against unlawful interference with aviation and operational interference with aviation.

Part 3 allows the Secretary to designate airports as security controlled airports and to establish airside and landside areas, security zones and event zones for those airports. Once established, the areas and zones are subject to requirements directed at safeguarding against unlawful interference with aviation and preventing the use of aviation in connection with serious and organised crime.

Part 4 deals with a number of specific security measures, including screening, examination, on‑board security, persons in custody and offences in relation to weapons and prohibited items. It also allows the Minister to make a legislative instrument prohibiting the entry of specified kinds of cargo into Australian territory. It also allows the Secretary to give special security directions and control directions in certain circumstances. It also allows the Minister to determine a code regulating and authorising the use of optical surveillance devices at airports and on board aircraft.

Part 5 establishes the powers of officials acting under the Act. These officials are aviation security inspectors, law enforcement officers, airport security guards and screening officers.

Part 6 establishes reporting obligations in relation to aviation security incidents.

Part 7 allows the Secretary to require aviation industry participants to provide security compliance information and aviation security information.

Part 8 provides a range of enforcement mechanisms. These are infringement notices, enforcement orders, enforceable undertakings, injunctions and a demerit points system.

Part 9 provides for the review of certain decisions by the Administrative Review Tribunal.

Part 10 deals with miscellaneous matters.