Commonwealth Numbered Regulations

1991 No. 193 AIR NAVIGATION REGULATIONS (AMENDMENT) - REG 12

  12.1    Before Division 1, insert:

            "Division 1A-Aviation security and air services
Interpretation

"297. In this Part, unless the contrary intention appears:
'airport' means aerodrome or part of an aerodrome;
'airport security program' has the same meaning as in Division 3;
'aviation security program' has the same meaning as in Division 1;
'Corporation' means Federal Airports Corporation;
'operational' means:

   (a)  in relation to an aerodrome-that a part of the aerodrome is in use in
        relation to an aircraft:

        (i)    loading or unloading the aircraft or making associated
               preparation for its next flight; or

        (ii)   embarking or disembarking passengers; or

   (b)  in relation to a passenger terminal building-that a part of the
        building is in use in relation to the movement of passengers to or
        from an aircraft;
'operator', in relation to an aircraft, includes the owner of the aircraft;
'operator', in relation to a Federal airport, means the Corporation;
'senior operations controller' means an employee of the Authority who holds or
occupies an Authority office known by that title;
'uniformed security force' means a body of persons each of whom:

   (a)  is identically dressed in a uniform of the kind generally worn by
        security or police personnel; and

   (b)  is equipped with:

        (i)    an appropriate firearm; and

        (ii)   a portable radio transceiver that enables the person to
               communicate with other members of the uniformed security force
               and with a central controller of that force. Report of threat
               to aviation security

"297A. (1) A relevant person who becomes aware of a threat of unlawful
interference with aviation must report the threat, as soon as is practicable:

   (a)  if the threat is in relation to an aircraft-to the operator; or

   (b)  if the threat is in relation to an airport-to the airport operator.

"(2) An aircraft operator given a report under subregulation (1) must report
the threat, as soon as is practicable, to:

   (a)  a senior operations controller; and

   (b)  if the aircraft is at an airport-the operator of the airport; and

   (c)  the Department.

"(3) An airport operator given a report under subregulation (1) must report
the threat, as soon as is practicable, to:

   (a)  a senior operations controller; and

   (b)  if, in the opinion of the operator, an aircraft at the airport could
        be affected by the threat-the operator of the aircraft; and

   (c)  the Department.

"(4) In this regulation, 'relevant person' includes:

   (a)  an aircraft operator; and

   (b)  an airport operator; and

   (c)  a person to whom a lease or licence has been granted in respect of
        land within an airport; and

   (d)  a person, other than the Corporation, to whom a right has been granted
        to use an area or a building, or a part of a building, at an airport;
        and

   (e)  an authority, other than the Authority, to which a right to use an
        airport or part of an airport (including a building, or a part of a
        building) has been given; and

   (f)  a person employed by a person or authority referred to in paragraph
        (a), (b), (c) or (d); and

   (g)  an officer or employee of the Department or a member of the staff of
        the Authority; and

   (h)  a constable, protective service officer or member of a uniformed
        security force who is on duty at an airport. Report of unlawful
        interference

"297B. (1) A relevant person who becomes aware of an incident of:

   (a)  unlawful interference; or

   (b)  attempted unlawful interference; with aviation must report the threat,
        as soon as is practicable:

   (c)  if the incident is in relation to an aircraft-to the operator; or

   (d)  if the incident is in relation to an airport-to the airport operator.

"(2) An aircraft operator given a report under subregulation (1) must report
the incident, as soon as is practicable, to:

   (a)  a senior operations controller; and

   (b)  if the aircraft is at an airport-the operator of the airport; and

   (c)  the Department.

"(3) An airport operator given a report under subregulation (1) must report
the incident, as soon as is practicable, to:

   (a)  a senior operations controller; and

   (b)  if, in the opinion of the operator, unlawful interference with an
        aircraft at the airport could occur-the operator of the aircraft; and

   (c)  the Department.

"(4) In this regulation, 'relevant person' includes:

   (a)  an aircraft operator; and

   (b)  an airport operator; and

   (c)  a person to whom a lease or licence has been granted in respect of
        land within an airport; and

   (d)  a person, other than the Corporation, to whom a right has been granted
        to use an area or a building, or a part of a building, at an airport;
        and

   (e)  an authority, other than the Authority, to which a right to use an
        airport or part of an airport (including a building, or a part of a
        building) has been given; and

   (f)  a person employed by a person or authority referred to in paragraph
        (a), (b), (c) or (d); and

   (g)  an officer or employee of the Department or a member of the staff of
        the Authority; and

   (h)  a constable, protective service officer or member of a uniformed
        security force who is on duty at an airport. Offences under the
        Crimes (Protection of Aircraft) Act 1973

"297C. (1) A person who reports:

   (a)  a threat referred to in regulation 297A; or

   (b)  an incident referred to in regulation 297B; that is an offence to
        which section 7 of the Crimes (Protection of Aircraft)  Act 1973
        applies, must, before the end of the first working day after the day
        on which the incident or threat occurred, give a written report of the
        threat or incident to the aircraft operator or airport operator, as
        appropriate.

"(2) Immediately after a threat or incident referred to in subregulation (1)
occurs, the person who gives the report must advise the Department of the
threat or incident.

"(3) The Secretary may give direction as to the details that are to be
included in reports of threats or incidents.

"(4) In this regulation, 'working day' means a day other than a Saturday,
Sunday or a day that is a public holiday in the place where the person giving
the report is located. Unscreened passengers and their possessions

"297D. An operator must not permit a passenger to board an aircraft that:

   (a)  has a configuration that gives accommodation to 100 or more passengers
        and is:

        (i)    a regular public transport aircraft; or

        (ii)   a charter aircraft; or

   (b)  is engaged in an international flight; and

        (i)    a regular public transport aircraft; or

        (ii)   is a charter aircraft that has a configuration that gives
               accommodation to 38 or more passengers; unless:

   (c)  the passenger and his or her accompanying possessions have been:

        (i)    screened; and

        (ii)   cleared for the purposes of aviation security; or

   (d)  the passenger is exempted from the operation of this regulation in
        writing by the Secretary. Unscreened persons, etc: sterile areas

"297E. (1) A person must not:

   (a)  enter a sterile area; or

   (b)  take a vehicle or goods into a sterile area; at an aerodrome unless
        the person:

   (c)  has been:

        (i)    screened by the operator of the aircraft in respect of which
               the sterile area is provided; and

        (ii)   cleared for the purposes of aviation security; or

   (d)  is exempted from the operation of this subregulation in writing by the
        Secretary.

"(2) For the purposes of this regulation, a person who:

   (a)  has been screened and cleared for the purposes of aviation security at
        an Australian aerodrome before embarking on an aircraft flight; and

   (b)  has disembarked the aircraft at an Australian aerodrome; and

   (c)  has not had an opportunity to make physical contact with a person who:

        (i)    has not been screened; or

        (ii)   having been screened, has subsequently:

                (A)  entered an area that is not a sterile area; or

                (B)  had an opportunity to make physical contact with a person
                     of the kind referred to in this paragraph or paragraph
                     (i); is taken to have been screened and cleared for the
                     purpose of entering a sterile area in relation to another
                     flight of that aircraft or of another aircraft.

"(3) An aircraft operator screening persons, goods or vehicles under these
Regulations must do so:

   (a)  in such manner and on such occasions as the Secretary directs; and

   (b)  by the use of persons who have been trained in respect of screening
        equipment and measures; and

   (c)  by the use of equipment that conforms to, and is operated in
        accordance with, specifications determined by the Secretary; and

   (d)  by the use of areas, buildings or rooms reserved for the purposes of
        aviation security.

"(4) A person screening a person must not:

   (a)  remove clothing from the person being screened; or

   (b)  require the person being screened to remove clothing; other than
        headwear, handwear, footwear or outer clothing.

"(5) If screening equipment detects that a person is carrying a metal or
unidentifiable object, that person must not be permitted to pass the screening
point to enter a sterile area or an aircraft unless the object is:

   (a)  determined by a person referred to in paragraph 297E (3) (b) to
        present no danger to aviation security; or

   (b)  surrendered to a person referred to in paragraph 297E (3) (b). Sterile
        areas: weapons

"297EA. A person must not carry a weapon through a screening point or into a
sterile area unless the person:

   (a)  is a constable who is on duty; or

   (b)  is a protective service officer who is on duty; or

   (c)  is a member of a uniformed security force who is on duty at the
        aerodrome under Part XVIa; or

   (d)  does so:

        (i)    at the written direction; or

        (ii)   with the written permission; of the aerodrome operator. Sterile
               areas: international flights

"297F. (1) The operator of a regular public transport aircraft that is engaged
in an international flight must provide a sterile area:

   (a)  for the embarkation and disembarkation of passengers and intending
        passengers; and

   (b)  for the conduct of preparations for the aircraft s flight; at an
        aerodrome.

"(2) A person must not:

   (a)  pass through a screening point in respect of an aircraft referred to
        in subregulation (1); or

   (b)  enter a sterile area in respect of that aircraft unless the person is:

   (c)  an authorised person; or

   (d)  a constable or protective service officer who is on duty; or

   (e)  a member of a uniformed security force, who is on duty under Part
        XVIA; or

   (f)  an officer within the meaning of the Customs Act 1901, who is on duty;
        or

   (g)  a quarantine officer within the meaning of the Quarantine Act 1908,
        who is on duty; or

   (h)  an officer within the meaning of paragraph (a) of the definition of
        officer in subsection 4 (1) of the Migration Act 1958, who is on duty;
        or

   (i)  a passenger or intending passenger of that aircraft. Secretary may
        give directions

"297G. (1) Subject to these Regulations, the Secretary may give written
directions in relation to the measures and resources to be used:

   (a)  in responding to a threat of unlawful interference with an aircraft or
        an airport or with the operations of an aircraft or of an airport; or

   (b)  in controlling access to a part of an airport that is in use by the
        operator of an aircraft.

"(2) A person who is:

   (a)  an officer or employee of the Department; or

   (b)  a member of the staff of the Authority or of the Corporation; or

   (c)  the operator of an airport, other than the Corporation; or

   (d)  the operator of an aircraft; or

   (e)  an employee of a person referred to in paragraph (c) or (d); or

   (f)  a person to whom a lease or licence has been granted in respect of
        land within an airport; or

   (g)  a person, other than the Corporation, to whom a right has been granted
        to use an area or a building, or a part of a building, at an airport;
        or

   (h)  an authority, other than the Authority, to which a right to use an
        airport or part of an airport (including a building, or a part of a
        building) has been given; or

   (i)  a person employed by a person or authority referred to in paragraph
        (f), (g) or (h); or

   (j)  an aircraft passenger or intending aircraft passenger; must comply
        with a direction referred to in subregulation (1) that is given to the
        person or that is clearly displayed at a place where the direction is
        to be carried out.

"(3) A direction by the Secretary under subregulation (1) that is not
expressed to be a direction to passengers or intending passengers, must not be
disclosed directly or indirectly to:

   (a)  a passenger or intending passenger; or

   (b)  a person not referred to in subregulation (2); by a person referred
        to:

   (c)  in any of paragraphs (2) (a) to (i) inclusive; or

   (d)  if the direction has been disclosed to the person-in paragraph (2)
        (j); except as necessary:

   (e)  in the exercise of that person's powers or functions; or

   (f)  in the performance of that person's duties.

"(4) Subregulation (3) does not preclude the disclosure of a direction of the
Secretary under subregulation (1) to a court in any action or proceeding.

"(5) In subregulation (5), 'court' includes a tribunal or an authority or
person that has power under the Act to require the production of documents or
the answering of questions. Passenger baggage

"297H. (1) In this regulation:
'aircraft means:

   (a)  a regular public transport aircraft; or

   (b)  a charter aircraft; that has a configuration that gives accommodation
        to 38 or more passengers;
'baggage' includes chattels of any kind.

"(2) An operator must not accept baggage for carriage on an aircraft unless:

   (a)  the person in relation to whom the baggage is to be carried has shown
        an intention to travel on that aircraft; and

   (b)  that person's ticket or other authorisation for travel on the aircraft
        is produced to the operator.

"(3) A tag must be securely attached by the operator to each item of baggage
accepted for carriage on an aircraft, that indicates the flight number and
destination of the aircraft.

"(4) Baggage accepted for carriage on an aircraft must not be accessible by a
person other than the operator or an agent of the operator until the
completion of the flight.

"(5) The operator of an aircraft must determine, before the aircraft commences
flight, whether a person whose baggage is on the aircraft has:

   (a)  disembarked the aircraft; or

   (b)  not boarded the aircraft.

"(6) If a person whose baggage is on an aircraft has:

   (a)  disembarked the aircraft; or

   (b)  not boarded the aircraft; the operator of the aircraft must remove the
        baggage from the aircraft before the aircraft commences flight unless:

   (c)  if the person is intentionally prevented by the operator from entering
        or remaining in the aircraft-the operator considers that the baggage
        is unlikely to contain a danger to aviation security; or

   (d)  the Secretary has directed in writing that:

        (i)    the aircraft; or

        (ii)   a class of aircraft that includes the aircraft; is exempt from
               the operation of this subregulation. Private and charter
               aircraft passengers

"297J. The operator of:

   (a)  a private aircraft; or

   (b)  a charter aircraft other than an aircraft referred to in paragraph
        297D (c); must ensure that a passenger or intending passenger of the
        aircraft does not have access to an an area of an aerodrome to which
        access is restricted for the purposes of aviation security, unless the
        passenger is escorted by:

   (c)  the operator; or

   (d)  the pilot of the aircraft. Private and charter operators to comply
        with directions of airport operators

"297K. The operator of a private aircraft or charter aircraft at a designated
airport must comply with any reasonable direction of the operator of the
airport that is a direction:

   (a)  for the purposes of aviation security at the airport; and

   (b)  in accordance with the airport security program (if any) in relation
        to the airport. Authorised vehicles

"297L. A person must not drive or ride a vehicle in an area of an aerodrome to
which access is restricted for the purposes of aviation security unless:

   (a)  the operator of the airport; or

   (b)  if a lease or licence has been granted in respect of that area-the
        lessee or licensee; authorises the use of the vehicle in that area.
        Aviation security signs

"297M. (1) The Secretary may require the operator of a designated airport to
display a sign in a specified part of the airport, setting out any of the
following matters:

   (a)  obligations imposed by these Regulations in relation to aviation
        security;

   (b)  a direction given by the Secretary under regulation 297G;

   (c)  procedures to be followed in accordance with the airport security
        program (if any) in relation to the airport;

   (d)  warnings in respect of the effect that aviation security measures may
        have on persons and their possessions in specified circumstances.

"(2) The operator of a designated airport may require:

   (a)  the operator of an aircraft that is at the airport; or

   (b)  a person to whom a lease or licence has been granted in respect of
        land within the airport; or

   (c)  a person, other than the Corporation, to whom a right has been granted
        to use an area or a building, or a part of a building, at the airport;
        or

   (d)  an authority, other than the Authority, to which a right to use an
        airport or part of the airport (including a building, or a part of a
        building) has been given; to display a sign in a specified part of the
        airport, setting out any of the following matters:

   (e)  a matter specified in paragraph (1) (a), (b) or (d);

   (f)  procedures to be followed in accordance with an aviation security
        program.

"(3) A person, other than:

   (a)  an authorised person; or

   (b)  the operator of a designated airport; or

   (c)  a person who, under subregulation (1) or (2), displays a sign; must
        not:

   (d)  display a sign; or

   (e)  remove, damage or otherwise interfere with a sign; of the kind
        referred to in this regulation. Passenger restraining equipment

"297N. (1) The operator of:

   (a)  a regular public transport aircraft; or

   (b)  a charter aircraft; that has a configuration that gives accommodation
        to 38 or more passengers must equip the aircraft with restraining
        devices:

   (c)  of a kind approved by the Secretary; and

   (d)  in such quantity as the Secretary directs.

"(2) Restraining devices carried on an aircraft must be kept in a place that
is:

   (a)  secure but readily accessible to the crew of the aircraft; and

   (b)  not visible or accessible to passengers on the aircraft. Persons in
        lawful custody on an aircraft

"297P. (1) In this regulation:
'aircraft' does not include:

   (a)  an aircraft chartered or operated by the Australian Federal Police or
        by the police force of a State or Territory; or

   (b)  a private aircraft; person in lawful custody means a person who is
        compelled to be taken from one place to another, in accordance with a
        law of Australia.

"(2) A person intending to cause a person to be carried in lawful custody on
an aircraft must give notice of that intention to the operator:

   (a)  as soon as is practicable; and

   (b)  before the aircraft commences flight.

"(3) An operator on whose aircraft a person in lawful custody is intended to
be carried, may refuse to allow the person to be carried on the aircraft.

"(4) The operator of an aircraft on which a person in lawful custody is to be
carried, must notify the pilot in command of the aircraft, as soon as is
practicable before the flight:

   (a)  the name of the person in lawful custody; and

   (b)  the name of that person's escort (if any).

"(5) The operator and pilot in command of an aircraft on which a person in
lawful custody is to be carried must not allow the person to board or remain
in the aircraft unless:

   (a)  the person is escorted by a person who is not:

        (i)    a person in lawful custody; or

        (ii)   a member of the crew of the aircraft; or

   (b)  the Secretary has authorised the carriage in an aircraft of:

        (i)    that person; or

   (ii) a class of persons that includes that person; without an escort.

"(6) Passengers on an aircraft must not include more than 2 persons in lawful
custody, other than persons referred to in paragraph (5) (b).".