(1) For the purposes of this Division, the Minister may, by legislative instrument, determine a code that regulates and authorises, despite any law of a State or a Territory, the use of optical surveillance devices by aviation industry participants:
(a) at a security controlled airport; or
(b) on board an aircraft that:
(i) is at a security controlled airport; or
(ii) is a prescribed aircraft; or
(c) in a vehicle that:
(i) is on board an aircraft covered by paragraph (b); or
(ii) is at a security controlled airport.
(2) The code may also regulate and authorise the use or disclosure of a signal, image or other information obtained by the use of the optical surveillance devices.
(3) Regulations made for the purposes of this section may prescribe penalties for offences against the code. The penalties must not exceed 50 penalty units.