Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 38

  (1)   The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to each type of landside security zone.

  (2)   Without limiting the matters that may be dealt with by regulations made under subsection   (1), the regulations may deal with the following:

  (a)   access to landside security zones (including conditions of entry, the issue and use of security passes and other identification systems);

  (b)   the patrolling of landside security zones;

  (c)   the provision of lighting, fencing and storage facilities;

  (d)   the identification or marking of landside security zones;

  (e)   the approval of building works within, or adjacent to, landside security zones;

  (f)   the screening of people, vehicles or goods (other than cargo) for entry to landside security zones;

  (fa)   requirements relating to the entry of cargo to landside security zones;

  (g)   the security checking (including background checking) of persons who have access to landside security zones;

  (h)   the movement, management or operation of aircraft, vehicles and other machinery in landside security zones;

  (i)   the maintenance of the integrity of landside security zones;

  (j)   access to aircraft (including unattended aircraft) from landside security zones;

  (k)   the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in landside security zones;

  (l)   the management (including the sale or disposal) of vehicles or goods abandoned in landside security zones.

  (3)   Regulations made under this section may prescribe penalties for offences against those regulations. 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 an accredited air cargo agent or a participant covered by paragraph   (a)--100 penalty units; or

  (c)   for an offence committed by an accredited air cargo agent or any other person--50 penalty units.

Note:   If a body corporate is convicted of an offence against regulations made under this section, subsection   4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.