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AVIATION TRANSPORT SECURITY ACT 2004 - SECT 56

Prohibited items on board an aircraft--strict liability

  (1)   A person commits an offence if:

  (a)   the person is on board a prescribed aircraft; and

  (b)   the person:

  (i)   carries a prohibited item; or

  (ii)   otherwise has in his or her possession a prohibited item that is located at a place that is accessible to the person; and

  (c)   the person is not a law enforcement officer, an airport security guard or an aviation security inspector; and

  (d)   the carriage or possession of the prohibited item is not authorised by the regulations or permitted in writing by the Secretary; and

  (e)   neither of the following apply:

  (i)   the prohibited item is under the control of the pilot in command of the aircraft because the prohibited item forms part of the equipment of the aircraft in accordance with the operations manual for the aircraft;

  (ii)   the prohibited item is under the control of the pilot in command of the aircraft because an animal that could endanger the safety of the aircraft, or the safety of people on board the aircraft, is being carried on board the aircraft.

Penalty:   20 penalty units.

  (2)   Subsection   (1) is an offence of strict liability.



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