119 Secretary may make enforcement orders. (b) the person fails to comply with the request; a law enforcement officer may remove the person from the aircraft, the airport or the area or zone. (b) the person with incident reporting responsibilities has a reasonable excuse. employee, in relation to an aviation industry participant, means an individual: (a) employed by the aviation industry participant; or. means an airside event zone established under subsection 31A(1). 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. (b) the participant fails to comply with the program. has the meaning given by subsection 91(1). (2) The regulations must prescribe the following for airport security guards: (a) training and qualification requirements; (b) requirements in relation to the form, issue and use of identity cards. means a service of providing air transportation of people or goods, or both people and goods. means a person appointed under subsection 77(1). In establishing an airside area, an airside security zone or a landside security zone within a security controlled airport, the Secretary must have regard to the purpose of the area or zone, and take into account: (a) the views of the airport operator; and, (b) the existing physical features of the airport (including buildings); and. (1) Application may be made to the Administrative Appeals Tribunal for a review of a decision by the Secretary: (a) to refuse to approve a transport security program under subsection 19(2) or (4); or, (b) to direct a participant to vary a program under section 21; or, (c) to direct a participant to revise a program under section 23; or, (ca) to refuse to approve alterations of a program under section 23A; or, (d) to cancel a transport security program under section 25 or 26; or, (e) to declare that a particular airport, or a part of a particular airport, is a security controlled airport under subsection 28(2); or, (ea) to assign a category to a particular security controlled airport under subsection 28(6); or. (3) An incident that relates to the aircraft of an aircraft operator must be reported to the aircraft operator. (b) a notice under paragraph (2)(c) may provide that a class of persons may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point. Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code). Federal Court means the Federal Court of Australia. (c) the existing operational features of the airport. 4.2.6. 8 Act not to apply to state aircraft etc. (d) a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b). (3) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions that occur at Commonwealth places. 89 Other law enforcement powers not affected. (a) a notice under paragraph (2)(b) may provide that a class of goods may pass through a screening point without being screened; and. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Requirements applying in airside event zones. (2) Subsection (1) is an offence of strict liability. has the meaning given by subsection 94(1). Law is a system of rules created and enforced through social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. (c) if the person is to be searched—tell the person why the person is to be searched. (2) A direction under subsection (1) is a special security direction. (e) an Agency of the Commonwealth prescribed in the regulations. Level Crossing Removal Project Chelsea. (a) a notice under paragraph (2)(b) may provide that a class of vehicles may pass through a screening point without being screened; and. 5 and 180, 2011; No. In conducting this balancing test, the Board considers the rule or policy from the employees' perspective. (1) The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to the landside area of a security controlled airport. This Division provides certain customs officers with powers to: (a) stop and search persons and vehicles at airports; and, (b) request persons to leave an aircraft, an airport or an area or zone of an airport; and, (c) restrain and detain persons until the persons can be dealt with by a law enforcement officer; and. 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. Meaning of technical data 21 ... OPERATIONS PART 105--SPORT AND RECREATIONAL PARACHUTING FROM AIRCRAFT PART 115--COMMERCIAL SPORT AND RECREATIONAL AVIATION OPERATIONS PART 117--REPRESENTATIONS AND SURVEYS 117.005.What this Part is about 117.010.Misrepresentations about holding certain civil aviation … The control of weapons is an important aspect of preventing unlawful interference with aviation. Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code). (4B) The action that a screening authority or a screening officer may be directed to take under subsection (1B) includes, but is not limited to, taking particular actions, or ensuring that particular actions are taken, in relation to screening or re‑screening particular passengers, goods or vehicles. Purposes and simplified overview of this Act, Note: The Chicago Convention is set out in the. security compliance information has the meaning given by subsection 109(1). (4) For the purposes of paragraph (3)(b), goods are taken to be in a cleared area or cleared zone if the goods are under the supervision or control prescribed in the regulations. Penalty for an offence against this subsection: 50 penalty units. (a) authorising the carriage of weapons on board a prescribed aircraft or in an airside security zone, an airside event zone, a landside security zone or a landside event zone; (b) dealing with a person on a prescribed aircraft or at a security controlled airport who carries or uses a weapon, or is suspected of carrying or using a weapon, unlawfully; (c) dealing with a weapon surrendered by a person on a prescribed aircraft or at a security controlled airport. Division 5—Approving, revising and cancelling programs. (1) The Secretary may, by written notice given to the operator of a security controlled airport, establish one or more airside event zones within the airside area of the airport. (2) The purpose of an airside area is to control access to operational areas of a security controlled airport. means an air service prescribed in the regulations for the purposes of this definition. It has been variously described as a science and the art of justice. Note: Carriage of weapons on an aircraft is also subject to provisions in the Civil Aviation Act 1988 and the Crimes (Aviation) Act 1991. (2) The Secretary may, by written notice given to an aviation industry participant, permit the participant to have more than one transport security program. (2) If a person is restrained under subsection (1), the eligible customs officer may detain the person until the person can be dealt with by a law enforcement officer. (a) a notice under paragraph (2)(b) may provide that a class of persons may pass through a screening point without being screened; and. This Division has effect despite anything in the Civil Aviation Act 1988 or regulations under that Act. (3) Goods are cleared at a particular time if: (a) the goods have received clearance; and. S 240.70 Criminal interference with health care services or religious worship in the second degree. 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. (1) The Secretary may make a written order (an enforcement order): (a) prohibiting or restricting specified activities by the aviation industry participant named in the enforcement order; or. On 1 March 2011 alterations to the program come into force. (b) the report does not comply with any requirements that are in force under subsection (1) when the report is made; the report is taken, for the purposes of this Part, not to have been made. 128 Compensation for damage to electronic equipment. Such a notice may provide that the notice is only to be given to the persons, or classes of persons, specified in the notice. (4) The exercise of the power to determine that a person has an adverse aviation security status is taken to be prescribed administrative action in respect of the person for the purposes of Part IV of the Australian Security Intelligence Organisation Act 1979. Act June 25, 1948, ch. 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. Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code). If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. (1) If the Secretary is satisfied that the program adequately addresses the relevant requirements under Division 4, the Secretary must: (b) give the participant written notice of the approval. Division 5—Offences for causing disruption or interference in relation to security controlled airports, 38B Offences for causing disruption or interference in relation to security controlled airports. The variation comes into force when the notice is given. Failure to approve program within consideration period, (a) an aviation industry participant gives the Secretary a transport security program; and. 131, 2007; No. Aviation Road, Laverton. , in relation to data, includes damage by erasure of data or addition of other data. (1A) An aviation security inspector may direct the operator of a security controlled airport to take specified action in relation to the airport. means an airside security zone established under subsection 30(1). Things other than weapons may be used to interfere with aviation unlawfully. (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act, the Federal Court may, on the application of the Secretary, grant an injunction: (a) restraining the person from engaging in the conduct; or. The penalties must not exceed: (a) for an offence committed by an airport operator or an aircraft operator—200 penalty units; or, (b) for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a) or (c)—100 penalty units; or. (a) for the period (if any) specified in the order; or. 74G Secretary may determine that a person has an adverse aviation security status. (2) If a person is restrained under subsection (1), the screening officer may detain the person until the person can be dealt with by a law enforcement officer. (2) The purposes for which different types of landside security zones may be prescribed include, but are not limited to, the following: (a) controlling the movement of people, vehicles and goods within landside areas; (b) restricting access to landside security zones within landside areas; (1) The Secretary may, by written notice given to the operator of a security controlled airport, establish one or more landside event zones within the landside area of the airport. Amending laws are annotated in the legislation history and amendment history. If you started learning with the paper log book, there are two ways to change over to Learn&Log. has the meaning given by subsection 67(2). means a landside event zone established under subsection 33A(1). (b) the person fails to comply with the request. 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