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This Act may be cited as the Aviation Transport Security Act 2004.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 10 March 2004 |
2. Sections 3 to 133 | A single day to be fixed by Proclamation, subject to subsection (3) | 10 March 2005 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
If a provision covered by item 2 of the table does not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The main purpose of this Act is to establish a regulatory framework to safeguard against unlawful interference with aviation and operational interference with aviation.
Division 4A of Part 3 and Divisions 2A and 10 of Part 4 have additional purposes (see sections 38AA, 44C and 74J).
To achieve this purpose, this Act establishes minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation related activities. In particular, it obliges certain aviation industry participants to develop, and comply with, aviation security programs.
Another purpose of this Act is to meet Australia’s obligations under the Convention on International Civil Aviation (also known as the Chicago Convention).
The Chicago Convention is set out in the Air Navigation Act 1920.
It is not a purpose of this Act to prevent lawful advocacy, protest, dissent or industrial action that does not compromise aviation security.
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.
This Act extends to every external Territory.
Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Act.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown in right of the Commonwealth liable to be prosecuted for an offence.
Unless the contrary intention appears, this Act does not apply to, or in relation to:
a state aircraft; or
an aircraft that is leased to or chartered by, or is otherwise under the operational control of, the Australian Defence Force.
A reference in this Act to an aviation industry participant does not include a reference to:
the Australian Defence Force; or
the Australian Federal Police; or
the Australian Protective Service; or
the police force of a State or Territory; or
an Agency of the Commonwealth prescribed in the regulations.
In this Act, unless the contrary intention appears:
access, in relation to a computer program, means the execution of the computer program.
access to computer data means:
in a case where the computer data is held in a computer—the display of the data by the computer or any other output of the data from the computer; or
in a case where the computer data is held in a computer—the copying or moving of the data to:
any other location in the computer; or
another computer; or
a data storage device; or
in a case where the computer data is held in a data storage device—the copying or moving of the data to:
a computer; or
another data storage device.
accredited air cargo agent means a person accredited as an accredited air cargo agent in accordance with regulations made under section 44C.
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Agency has the same meaning as in the Public Service Act 1999.
Agency Head has the same meaning as in the Public Service Act 1999.
aircraft has the same meaning as in the Civil Aviation Act 1988.
aircraft operator means a person who conducts, or offers to conduct, an air service.
airline has the meaning given by subsection 134(2).
airport has the meaning given by subsection 28(1).
airport operator means the operator of an airport.
airport security guard has the meaning given by subsection 91(1).
air service means a service of providing air transportation of people or goods, or both people and goods.
Airservices Australia means the body established by subsection 7(1) of the Air Services Act 1995.
airside area means an airside area established under subsection 29(1) and includes any airside security zone, and any airside event zone, established within the airside area.
airside event zone means an airside event zone established under subsection 31A(1).
airside security zone means an airside security zone established under subsection 30(1).
asset includes:
a system; and
a network; and
a facility; and
a computer; and
a computer device; and
a computer program; and
computer data; and
premises; and
any other thing.
Australian aircraft has the same meaning as in the Air Services Act 1995.
Australian international carriage has the meaning given by subsection 134(2).
Australian operator has the meaning given by subsection 134(2).
Australian territory means:
the territory of Australia and of every external Territory; and
the territorial sea of Australia and of every external Territory; and
the air space over any such territory or sea.
aviation asset means an asset that:
is used in connection with the operation of an aviation industry participant; and
is owned or operated by an aviation industry participant.
aviation industry participant means:
an airport operator; or
an aircraft operator; or
a known consignor; or
a regulated agent; or
a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement); or
a person (other than an aviation security inspector) appointed by the Secretary under this Act to perform a security function; or
Airservices Australia; or
a contractor who provides services to a person mentioned in paragraphs (a) to (ea).
The Australian Defence Force cannot be an aviation industry participant: see subsection 8(2).
aviation security incident has the meaning given by section 99.
aviation security information has the meaning given by subsection 111(1).
aviation security inspector means a person appointed under subsection 77(1).
baggage means any article or possession of a passenger of an aircraft, or crew member of an aircraft, that is to be carried on board that aircraft.
bilateral arrangement has the meaning given by subsection 134(2).
cargo means goods (other than baggage or stores) that:
are transported by aircraft; or
are intended to be transported by aircraft; or
are, in accordance with the regulations, regarded as being reasonably likely to be transported by aircraft.
CASA has the same meaning as in the Civil Aviation Act 1988.
cleared:
in relation to a person, has the meaning given by subsection 41(3); and
in relation to goods (other than cargo), has the meaning given by subsection 42(3); and
in relation to a vehicle, has the meaning given by subsection 43(3); and
in relation to cargo, has the meaning given by subsection 44B(3).
cleared aircraft: an aircraft is a cleared aircraft if, under regulations made under Division 2 of Part 4, the only passengers who are allowed to board the aircraft are passengers who are cleared.
cleared area means an area that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance.
cleared zone means a zone that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance.
compliance control direction has the meaning given by subsection 74B(2).
computer means all or part of:
one or more computers; or
one or more computer systems; or
one or more computer networks; or
any combination of the above.
computer data means data held in:
a computer; or
a data storage device.
confidentiality requirements has the meaning given by subsection 68(2).
connect, in relation to equipment, includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication.
critical facility has the meaning given by subsection 31(3).
critical structure has the meaning given by subsection 31(4).
cyber security incident has the meaning given by section 9B.
damage, in relation to data, includes damage by erasure of data or addition of other data.
data includes information in any form.
data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
Director of CASA has the same meaning as Director has in the Civil Aviation Act 1988.
eligible customs officer has the meaning given by subsection 89B(1).
employee, in relation to an aviation industry participant, means an individual:
employed by the aviation industry participant; or
engaged under a contract for services between the individual and the aviation industry participant.
enforcement order means an order made under section 119.
engage in conduct has the same meaning as in the Criminal Code.
examined, in relation to cargo, has the meaning given by subsection 44B(1).
Federal Court means the Federal Court of Australia.
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
foreign country has the meaning given by subsection 134(2).
frisk search has the same meaning as in the Crimes Act 1914.
impairment of electronic communication to or from a computer includes:
the prevention of any such communication; and
the impairment of any such communication on an electronic link or network used by the computer.
incident control direction has the meaning given by subsection 74D(3).
in flight has the same meaning as in the Crimes (Aviation) Act 1991.
in service, in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention.
joint‑user area has the meaning given by subsection 28(5).
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
known consignor means a person approved as a known consignor in accordance with regulations made under section 44C.
landside area has the meaning given by subsection 29(3) and includes any landside security zone, and any landside event zone, established within the landside area.
landside event zone means a landside event zone established under subsection 33A(1).
landside security zone means a landside security zone established under subsection 32(1).
law enforcement officer has the meaning given by section 82.
modification:
in respect of computer data—means:
the alteration or removal of the data; or
an addition to the data; or
in respect of a computer program—means:
the alteration or removal of the program; or
an addition to the program.
Montreal Convention has the same meaning as in the Crimes (Aviation) Act 1991.
national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.
operational interference with aviation has the meaning given by section 10AA.
operation of an aviation industry participant means the operation of the participant in the participant’s capacity as an aviation industry participant.
optical surveillance device has the same meaning as in the Surveillance Devices Act 2004.
ordinary search has the same meaning as in the Crimes Act 1914.
passenger includes an intending passenger.
person in custody has the meaning given by section 64.
person with incident reporting responsibilities has the meaning given by subsection 102(4).
pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.
prescribed aircraft means an aircraft that:
is being used for a prescribed air service; or
is regularly used for prescribed air services.
prescribed air service means an air service prescribed in the regulations for the purposes of this definition.
prohibited item means an item that:
could be used for unlawful interference with aviation; and
is specified in an instrument under section 9A.
receive clearance:
in relation to a person, has the meaning given by subsection 41(2); and
in relation to goods (other than cargo), has the meaning given by subsection 42(2); and
in relation to a vehicle, has the meaning given by subsection 43(2); and
in relation to cargo, has the meaning given by subsection 44B(2).
regulated agent means a regulated air cargo agent or an accredited air cargo agent.
regulated air cargo agent means a person designated as a regulated air cargo agent in accordance with regulations made under section 44C.
relevant impact has the meaning given by section 9D.
relevant interference has the meaning given by section 9F.
screened:
in relation to a person, has the meaning given by subsection 41(1); and
in relation to goods (other than cargo), has the meaning given by subsection 42(1); and
in relation to a vehicle, has the meaning given by subsection 43(1).
screening authority means a body corporate that is authorised or required to conduct screening by or under regulations made for the purposes of paragraph 44(2)(a).
screening function means a function that a screening officer is authorised or required to perform under this Act or an instrument made under this Act.
screening officer has the meaning given by section 94.
screening point means a place where screening occurs.
Secretary means the Secretary of the Department.
security compliance information has the meaning given by subsection 109(1).
security controlled airport has the meaning given by subsection 28(2).
security designated authorisation has the meaning given by the regulations.
serious and organised crime has the same meaning as in Part III of the Australian Crime Commission Act 2002.
SES Band 3 employee has the meaning given by subsection 127A(4).
significant impact has the meaning given by section 9E.
special security direction has the meaning given by subsection 67(2).
state aircraft has the same meaning as in the Air Navigation Act 1920.
stores means items that are to be carried on board an aircraft for use, sale or consumption on the aircraft.
technical assistance notice has the same meaning as in Part 15 of the Telecommunications Act 1997.
technical assistance request has the same meaning as in Part 15 of the Telecommunications Act 1997.
technical capability notice has the same meaning as in Part 15 of the Telecommunications Act 1997.
test weapon means:
a weapon of a kind that is a replica or an imitation of another weapon; or
a weapon that, as a result of a modification, is not capable of operating as a functional weapon; or
a thing prescribed by the regulations to be a test weapon.
this Act includes the regulations.
threaten: a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.
Trade Minister means the Minister administering the Export Market Development Grants Act 1997.
transport security program means a program prepared for the purposes of Part 2.
unauthorised access, modification or impairment has the meaning given by section 9C.
unlawful interference with aviation has the meaning given by section 10.
vehicle does not include an aircraft.
weapon means:
a firearm of any kind; or
a thing prescribed by the regulations to be a weapon; or
a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or
a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).
The Minister may, by legislative instrument, specify items for the purposes of paragraph (b) of the definition of prohibited item in section 9.
A cyber security incident is one or more acts, events or circumstances involving any of the following:
unauthorised access to:
computer data; or
a computer program;
unauthorised modification of:
computer data; or
a computer program;
unauthorised impairment of electronic communication to or from a computer;
unauthorised impairment of the availability, reliability, security or operation of:
a computer; or
computer data; or
a computer program.
For the purposes of this Act:
access to:
computer data; or
a computer program; or
modification of:
computer data; or
a computer program; or
the impairment of electronic communication to or from a computer; or
the impairment of the availability, reliability, security or operation of:
a computer; or
computer data; or
a computer program;
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.
For example, a person who is an employee or agent of an aviation industry participant is not entitled to cause access, modification or impairment of a kind mentioned in this subsection if causing such access, modification or impairment would exceed the person’s authority as such an employee or agent.
For the purposes of subsection (1), it is immaterial whether the person can be identified.
For the purposes of subsection (1), if:
a person causes any access, modification or impairment of a kind mentioned in that subsection; and
the person does so:
under a warrant issued under a law of the Commonwealth, a State or a Territory; or
under an emergency authorisation given to the person under Part 3 of the Surveillance Devices Act 2004 or under a law of a State or Territory that makes provision to similar effect; or
under a tracking device authorisation given to the person under section 39 of the Surveillance Devices Act 2004; or
in accordance with a technical assistance request; or
in compliance with a technical assistance notice; or
in compliance with a technical capability notice;
the person is entitled to cause that access, modification or impairment.