Aviation Transport Security Regulations 2005 (Cth)

Aviation Transport Security Regulations 2005

Select Legislative Instrument No. 18, 2005

made under the

Aviation Transport Security Act 2004 and the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004

Compilation No. 75

Compilation date: 14 October 2024

Includes amendments: F2024L01299

About this compilation

This compilation

This is a compilation of the Aviation Transport Security Regulations 2005 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary 1.01Name of Regulations

These Regulations are the Aviation Transport Security Regulations 2005.

1.03Definitions

In these Regulations:
AACA means accredited air cargo agent.
AACA security program for an AACA means a security program provided by the Secretary to the AACA under regulation 4.51F, and includes such a security program as varied under these Regulations.
ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
access control point, for a security restricted area at a designated airport, means a point of entry into the security restricted area the location of which is set out in the airport operator’s TSP in accordance with paragraph 2.18A(2)(a).
ACN (short for Australian Company Number) has the meaning given by section 9 of the Corporations Act 2001.
Act means the Aviation Transport Security Act 2004.
adverse criminal intelligence assessment—see subregulation 6.01(1).
air security officer means:
(a)
a protective service officer, special protective service officer, member, or special member, of the Australian Federal Police who is directed by the Commissioner to carry out the duties of a position of air security officer; or
(b)
a person who is:
(i)
employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew (other than a person who is employed to provide exclusive personal protection for 1 or more individuals travelling on an aircraft); and
(ii)
operating in accordance with an arrangement between the foreign government and the Australian Government.
air traffic control has the same meaning as in the Civil Aviation Safety Regulations 1998.
ANA means the Air Navigation Act 1920.
ANR means the Air Navigation Regulations 1947.
ARBN (short for Australian Registered Body Number) has the meaning given by section 9 of the Corporations Act 2001.
ASIC means aviation security identification card.
audit, of an aviation industry participant’s TSP, has the meaning given by regulation 2.01.
Australia means the Commonwealth of Australia and, when used in a geographical sense, includes:
(a)
the Territory of Christmas Island; and
(b)
the Territory of Cocos (Keeling) Island; and
(c)
the Territory of Norfolk Island.
Australian Border Force means that part of the Immigration Department known as the Australian Border Force.
authorised powder has the meaning given by regulation 4.22QB.
aviation security identification card means a card of that type issued under Part 6.
baby product means:
(a)
a product used in the care of an infant or toddler; or
(b)
food for an infant or toddler, including infant formula.
biosecurity official has the same meaning as in the Biosecurity Act 2015.
cargo examining aircraft operator means an aircraft operator of a prescribed air service whose TSP has been approved by the Secretary and sets out procedures for receiving, processing and clearing cargo.
carry‑on baggage means an article or possession of a passenger on, or a member of the crew of, an aircraft, being an article or possession that is accessible to the passenger or crew member while the aircraft is in flight.
categorised airport means an airport that was a categorised airport under the ANA.
charter operation means an operation of an aircraft for the purpose of:
(a)
a service of providing air transportation of people, or both people and goods, that:
(i)
is provided for a fee payable by persons using the service; and
(ii)
is not available to the general public;
whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or
(b)
a service of providing air transportation of people, or both people and goods, that:
(i)
is provided for a fee payable by persons using the service; and
(ii)
is available to the general public; and
(iii)
is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or
(c)
a service of providing air transportation of people, or both people and goods, that:
(i)
is not provided for a fee payable by persons using the service; and
(ii)
is not available to the general public; and
(iii)
is conducted in accordance with fixed schedules to or from fixed terminals over specific routes.
checked baggage means an article or possession of an aircraft passenger or crew member that:
(a)
has been checked in for a flight on the aircraft; and
(b)
is intended to be carried on board the aircraft or another aircraft; and
(c)
if carried in an aircraft, is not accessible to the passenger or crew member while the aircraft is in flight.
checked in, in relation to an item of checked baggage, means that the item:
(a)
has been presented to an aircraft operator, or another person on the operator’s behalf, for carrying on a flight on board an aircraft of the operator; and
(b)
has been accepted by the aircraft operator, or the other person on the operator’s behalf, for that purpose.
child means a person who has not turned 18 years of age.
closed charter operation means a charter operation of the kind described in paragraph (a) or (c) of the definition of charter operation.
crew includes flight crew and cabin crew, and any other person travelling on board an aircraft for any purpose relating to the aircraft’s operation or to examine the qualifications or competency of its flight crew.
domestic air service means an air service provided by means of a flight from a place within Australia to another place within Australia with no intermediate stop outside Australia.
examination notice has the meaning given by subregulation 4.41J(2).
exempt country means New Zealand or the United States of America.
exempt duty free item, in relation to a passenger who will arrive in Australia on an aircraft operating an inbound international air service, means a duty free item that:
(aa)
is acquired at an airport retail outlet at the point of origin of the flight, or an airport retail outlet at a place where passengers embark or disembark the aircraft before the air service arrives in Australia, at which all goods for sale:
(i)
undergo security screening at the point of entry to the airport; and
(ii)
are protected from unlawful interference by a process of supply chain security from the time they are delivered to the airport; and
(a)
is collected by the passenger at the boarding gate before boarding the aircraft for departure from the airport where the item was acquired; and
(b)
is in a sealed plastic bag with proof of purchase by the passenger affixed to the bag, or enclosed in the bag, so that proof of purchase is visible.
exempt LAG item has the meaning given in regulation 4.22B.
foreign consignment security declaration has the meaning given by subregulation 4.41D(3).
foreign official means any of the following:
(a)
a member of the diplomatic staff (including the head) of a diplomatic mission established in Australia;
(b)
a member of the consular staff (including the head) of a consular post established in Australia;
(c) any other member of the staff of such a diplomatic mission or consular post.
grey ASIC means an ASIC in a form approved under subregulation 6.33(2) or 6.37(2).
ICAO has the same meaning as in the Civil Aviation Act 1988.
immediate family of a person means the following individuals, if they are travelling with the person:
(a)
the person’s spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901);
(b)
the person’s child (including an adopted child);
(c)
a child for whom the person is a legal guardian.
Immigration Department means the Department administered by the Minister who administers the Migration Act 1958.
immigration detention has the same meaning as in the Migration Act.
inorganic powder means a powder or powder‑like substance that does not consist of, and is not derived from, living matter.
Note: Examples of inorganic powder include salt, sand and some kinds of foot powder.
international air service means an air service provided by means of a flight:
(a)
from a place within Australia to a place outside Australia; or
(b)
from a place outside Australia to a place within Australia.
international cargo means cargo that is destined for a foreign country, but does not include cargo that:
(a)
originates overseas; and
(b)
arrives at an Australian airport on an aircraft operating an inbound international air service; and
(c)
either:
(i)
remains on board the aircraft; or
(ii)
is transferred to another aircraft operating an outbound international air service.
jet means a fixed‑wing aircraft powered by gas‑turbine engines (other than turbo‑prop engines).
known consignor security program for a known consignor means a security program provided by the Secretary to the known consignor under regulation 4.41Z, and includes such a security program as varied under these Regulations.
LAG product has the meaning given in regulation 4.22C.
LAGs bag means a transparent plastic bag that:
(a)
may be sealed and unsealed using a resealing mechanism that is a part of the bag; and
(b)
has an area enclosed by the sealing mechanism that has, when the bag is laid flat, a perimeter of 80 cm or less.
LAGs cleared area means an area of a security controlled airport, at least one entrance to which (for use by persons required to be screened) is a LAGs screening point.
Note: A LAGs cleared area may have entrances other than a LAGs screening point for use solely by persons who may enter a LAGs cleared area other than through a screening point.
LAGs container means a container that has a capacity of 100 ml or less.
LAGs screening point means a screening point at a security controlled airport at which passengers travelling on an international air service (including any domestic sectors of such a service) are screened for LAG products.
loading person has the meaning given by subregulation 4.41G(3).
medical product means a product supplied on prescription to a person.
Migration Act means the Migration Act 1958.
non‑exempt country means a country that is not an exempt country.
officer of Customs has the same meaning as in the Customs Act 1901.
open charter operation means a charter operation of the kind described in paragraph (b) of the definition of charter operation.
originate, in relation to a known consignor, has a meaning affected by regulation 1.03A.
parent: without limiting who is a parent of anyone for the purposes of these Regulations, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975.
permitted item has the meaning given by subregulation 4.13A(1).
photograph of somebody includes a digital image of him or her.
powder means fine dry particles produced by the grinding, crushing or disintegration of a solid substance, and includes such particles presented in a clumpy, grainy or compressed form.
Note: Examples of powder include flour, sugar, ground coffee, spice, powdered milk, baby formula and cosmetics.
qualified security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.
RACA means regulated air cargo agent.
RACA security program for a RACA means a security program provided by the Secretary to the RACA under regulation 4.46, and includes such a security program as varied under these Regulations.
red ASIC means an ASIC in a form approved under subregulation 6.33(1) or 6.37(1).
regular public transport operation means an operation of an aircraft for the purposes of a service of providing air transportation of people, or both people and goods, that:
(a)
is provided for a fee payable by persons using the service; and
(b)
is available to the general public on a regular basis; and
(c)
is conducted in accordance with fixed schedules to or from fixed terminals over specific routes.
review, of an aviation industry participant’s TSP, has the meaning given by regulation 2.01.
screened air service—see regulation 4.02.
screening authority means a person specified by notice under regulation 4.03.
secure area means either of the following:
(a)
a landside security zone (not including a crowded landside zone);
(b)
the airside area of a security controlled airport.
Note: For the definitions of landside security zone and airside area, see section 9 of the Act and regulations 3.01 and 3.02.
security contact officer has the meaning given by subregulation 2.01(1).
security declaration has the meaning given by regulation 4.41D.
security program means:
(a)
in relation to a known consignor—the known consignor security program for the known consignor; or
(b)
in relation to a RACA—the RACA security program for the RACA; or
(c)
in relation to an AACA—the AACA security program for the AACA; or
(d)
in relation to an aviation industry participant who is an operator of a security controlled airport, an operator of a prescribed air service or Airservices Australia—the TSP for the aviation industry participant.
security restricted area means an airside security zone of a type that is prescribed by regulation 3.01.
security tamper‑evident bag has the meaning given by regulation 4.22R.
TAC means a temporary aircrew card issued under regulation 6.37B.
therapeutic product means a product, other than a medical product, that is used for the treatment or management of a person’s medical condition.
Note: Examples of therapeutic products include special dietary products and contact lens solution.
traffic period, for a security controlled airport, means a period that begins 2 hours before the scheduled time of arrival, and ends 2 hours after the actual time of departure, of a scheduled air service that operates to or from the airport.
TSP means transport security program.
unauthorised explosive means any explosive or explosive device, other than an explosive or explosive device that is to be carried as cargo in relation to which the Secretary has issued a written notice under subparagraph 44B(2)(b)(i) of the Act.
unauthorised person, in relation to a place or thing, means a person who:
(a)
is not authorised by the owner or person in control of the place or thing to have access to the place or thing; and
(b)
has no other lawful reason to have access to the place or thing.
unlawful non‑citizen has the same meaning as in the Migration Act.
Note: See sections 13, 14 and 15 of that Act.
VIC means visitor identification card.
visitor identification card means a card of that type issued under Part 6.
white ASIC means an ASIC in a form approved under subregulation 6.33(3).

1.03AMeaning of originate in relation to known consignors

Cargo originates with a known consignor in circumstances including the following:
(a)
where the known consignor makes, manufactures, assembles or otherwise produces the goods that are, or are reasonably likely to be, cargo;
(b)
where the known consignor has not made, manufactured, assembled or otherwise produced the goods that are, or are reasonably likely to be, cargo, but the known consignor:
(i)
is the owner or person in control of the goods; and
(ii)
the goods are in the known consignor’s possession when the goods become, or become reasonably likely to be, cargo.

1.04What properly displaying means

(1)
For these Regulations, somebody is properly displaying an ASIC, VIC or TAC only if it is attached to his or her outer clothing:
(a)
above waist height; and
(b)
at the front or side of his or her body; and
(c)
with the whole front of the ASIC, VIC or TAC clearly visible.
(2)
He or she is not properly displaying the ASIC, VIC or TAC if anything adhering to it obscures a photograph or anything else on it.

1.05Meaning of valid ASIC, valid VIC and valid TAC

(1)
In these Regulations:
valid, used about a red ASIC, grey ASIC, VIC or TAC, means:
(a)
issued in accordance with Part 6; and
(b)
not expired, suspended or cancelled; and
(c)
not altered or defaced (permanently or temporarily); and
(d)
issued to the person who shows or displays it.
(2)
For the purposes of a provision of these Regulations that refers to a person displaying a valid ASIC in a place without specifying which kind of ASIC is to be displayed, a person is taken to be displaying a valid ASIC in the place only if:
(a)
the person is properly displaying a valid red ASIC; or
(b)
if regulation 3.03 does not require the person to be properly displaying a valid red ASIC in the place—the person is properly displaying a valid grey ASIC.
Note: A requirement under these Regulations to display a valid ASIC cannot be satisfied with a white ASIC.

1.05ACategories of airports

A reference in these Regulations to a security controlled airport that is identified by reference to a category is a reference to a security controlled airport that is assigned to that category by the Secretary under subsection 28(6) of the Act.
Note 1: For example, a tier 1 security controlled airport is a security controlled airport that has been assigned the category tier 1 by the Secretary under subsection 28(6) of the Act.
Note 2: See regulation 3.01B for the categories of security controlled airports prescribed for the purposes of section 28A of the Act.

1.06Prescribed air services

(1)
For the definition of prescribed air service in section 9 of the Act, an air service of any of the following kinds is prescribed:
(a)
a regular public transport operation;
(b)
an air service in which a jet is used;
(c)
an air service in which an aircraft with a certificated maximum take‑off weight greater than 5 700 kilograms is used.
(2)
However, an air service is not taken to be a prescribed air service if the Secretary declares, by instrument in writing, that the air service is not a prescribed air service.

1.08Security designated authorisations

For the purposes of the definition of security designated authorisation in section 9 of the Act, a flight crew licence (within the meaning of the Civil Aviation Safety Regulations 1998) is a security designated authorisation.

1.09Weapons

(1)
For paragraph (b) of the definition of weapon in section 9 of the Act, each thing of the kind described in column 2 of an item in table 1.09 is a weapon.
Note 1: Firearms of all kinds are already weapons—see the definition in section 9 of the Act.
Note 2: Subregulation (8) (after the table) excepts defibrillators (which are arguably covered by item 5 of the table) from the general definition in subregulation (1).

(2)
Examples set out in an item of the table are not exhaustive of the things described in the item.
(3)
To avoid doubt, nothing in this regulation implies that an article or thing not described in the table is permitted to be carried by air if its carriage would be prohibited by another law.
Note: See in particular section 23 of the Civil Aviation Act 1988 and Part 92 of the Civil Aviation Safety Regulations 1998 in relation to the carriage of dangerous goods.
(4)
A replica or an imitation of a weapon is also a weapon.
(5)
A thing that is both a prohibited item and a weapon is, for the purposes of these Regulations, a weapon.
(6)
However, such a thing that is part of an aircraft’s stores or emergency equipment, or of an airline operator’s or airport operator’s emergency equipment, is taken not to be a weapon if it is not readily accessible to passengers or the public generally.

Table 1.09 Weapons

Column 1 Item	Column 2 Description of things
1	Parts and ammunition for firearms Examples: Flares Gun powders Note: Firearms are defined as weapons in s 9 of the Act.
2	Sharp things designed to be used primarily to inflict injury or to be used in self‑defence Examples: Daggers, flick‑knives, star knives and Shuriken throwing irons and stars Harpoons Sabres, swords and swordsticks and similar things Spears
3	Blunt things designed to inflict injury or to be used in self‑defence Examples: Billy clubs and leather billies Blackjacks Martial arts equipment such as knuckle dusters, clubs, coshes, rice flails and numchucks, kubatons and kubasaunts Night sticks and batons
4	Things capable (with or without modification) of discharging projectiles for the purpose of disabling or incapacitating a person or animal Examples: Ballistic knives and similar devices designed to discharge a projectile by means of an explosive or other propellant or mechanism Blow pipes Cross‑bows Spear guns Hunting slings Catapults Slingshots Bows and arrows
5	Things designed to disable or incapacitate, or otherwise harm, a person or animal Examples: Stun guns Things capable of being used to administer an electric shock; for example, cattle prods and Tasers Note: See subregulation (8). Disabling and incapacitating chemicals, gases or sprays, such as Mace, pepper or capsicum spray, tear gas, acid sprays and animal‑repellent sprays
6	Explosive or incendiary devices and flammable materials not ordinarily found around the home Examples: Dynamite Explosives (plastic or otherwise) Blasting caps Blow‑torches Detonators, fuses and detonator cord Explosive flares in any form Grenades Mines and other explosive military stores Smoke cartridges
7	Biotoxins and infectious substances Examples: Preparations of anthrax spores
8	Chemical toxins Examples: Chemical warfare agents

Column 1

Item

Column 2

Description of things

Parts and ammunition for firearms

Examples: Flares

Gun powders
Note: Firearms are defined as weapons in s 9 of the Act.

Sharp things designed to be used primarily to inflict injury or to be used in self‑defence

Examples: Daggers, flick‑knives, star knives and Shuriken throwing irons and stars
Harpoons
Sabres, swords and swordsticks and similar things
Spears

Blunt things designed to inflict injury or to be used in self‑defence

Examples: Billy clubs and leather billies

Blackjacks
Martial arts equipment such as knuckle dusters, clubs, coshes, rice flails and numchucks, kubatons and kubasaunts
Night sticks and batons

Things capable (with or without modification) of discharging projectiles for the purpose of disabling or incapacitating a person or animal

Examples: Ballistic knives and similar devices designed to discharge a projectile by means of an explosive or other propellant or mechanism
Blow pipes
Cross‑bows
Spear guns
Hunting slings
Catapults
Slingshots
Bows and arrows

Things designed to disable or incapacitate, or otherwise harm, a person or animal

Examples: Stun guns

Things capable of being used to administer an electric shock; for example, cattle prods and Tasers
Note: See subregulation (8).
Disabling and incapacitating chemicals, gases or sprays, such as Mace, pepper or capsicum spray, tear gas, acid sprays and animal‑repellent sprays

Explosive or incendiary devices and flammable materials not ordinarily found around the home

Examples: Dynamite

Explosives (plastic or otherwise)
Blasting caps
Blow‑torches
Detonators, fuses and detonator cord
Explosive flares in any form
Grenades
Mines and other explosive military stores
Smoke cartridges

Biotoxins and infectious substances

Examples: Preparations of anthrax spores

Chemical toxins

Examples: Chemical warfare agents

(7)
To avoid doubt, a telescopic sight is not a weapon.
(8)
Despite subregulation (1) and item 5 of the table, a defibrillator is taken not to be a weapon if it is required for medical purposes or is part of an aircraft’s equipment.

Part 2Transport security programsDivision 2.1Preliminary2.01Definitions for Part

In this Part:
audit, of an aviation industry participant’s TSP, means an audit to determine if security measures and procedures set out in the TSP have been implemented and complied with.
review, of an aviation industry participant’s TSP, means a review to determine if security measures and procedures set out in the TSP are effective and adequate.
security contact officer, for an aviation industry participant, means a person appointed by the participant to carry out the responsibilities of a security contact officer for the participant.

2.02Security contact officers

(1)
The responsibilities of a security contact officer for an aviation industry participant for this Part are:
(a)
to facilitate the development, implementation, review and maintenance of the participant’s TSP; and
(b)
to undertake liaison with other aviation industry participants in relation to aviation security matters.
(2)
An aviation industry participant that must have a TSP must appoint a security contact officer who has the knowledge, skills, training, qualifications or other requirements set out in its TSP.
Penalty: 10 penalty units.
(3)
A security contact officer for an aviation industry participant must be the participant or an employee of the participant.

2.03Aviation industry participants that must have TSPs

For the purposes of paragraph 12(1)(c) of the Act, Airservices Australia is prescribed as an aviation industry participant that is required to have a transport security program.
Note: Operators of security controlled airports and operators of prescribed air services are also required to have a transport security program—see section 12 of the Act.

2.04Aviation industry participants to which more than 1 Division applies

To avoid doubt, if 2 or more Divisions of this Part apply to an aviation industry participant that is required to have a TSP, the participant’s TSP must comply with both or all of the applicable Divisions.

2.05What all TSPs must contain

A TSP for an aviation industry participant must contain a statement signed by the participant to the effect that the participant believes that the TSP gives effect to the participant’s obligation in subsection 16(1) of the Act.

2.06Offence – disclosing TSPs without consent

A person must not disclose to any other person any information about the content of an aviation industry participant’s TSP without the consent of the participant.
Penalty: 50 penalty units.

Division 2.2Operators of security controlled airports2.07What this Division does

This Division sets out the requirements about the content of a TSP for the operator of a security controlled airport.

2.08Application of this Division

(1)
This Division applies to the operator of a security controlled airport.
(2)
A reference in this Division to an airport operator is a reference to the operator of a security controlled airport.

2.09Scope of airport operator’s TSP

An airport operator’s TSP must cover any aviation‑security‑related activity on the airport that is not covered by the TSP of any other aviation industry participant.

2.10What airport operator’s TSP must contain – outline etc.

The TSP must set out an outline of the objectives of the TSP and must include:
(a)
a statement outlining the local security risk context of the airport, including consideration of its location and seasonal and operational factors; and
(b)
a list of general threats and generic security risk events to people, assets, infrastructure and operations; and
(c)
an outline of the people, assets, infrastructure and operations that need to be protected.

2.11What airport operator’s TSP must contain – procedures for managing security etc

(1)
The TSP must set out the procedures for managing security at the airport, including:
(a)
organisational structures and security management arrangements; and
(b)
the roles and responsibilities of security contact officers, security staff and contractors; and
(c)
the roles and responsibilities of other staff who have been assigned security duties and responsibilities.
(2)
The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation between the operator and relevant third parties.
Note: Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.
(4)
The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.

2.12What airport operator’s TSP must contain – procedures for quality control

(1)
The TSP must set out quality control procedures, including:
(a)
details of how audits are scheduled; and
(b)
the procedures for carrying out an audit; and
(c)
the procedures for reviewing the TSP, including a process for consultation during such a review; and
(d)
a description of the circumstances that will require a review of the TSP, including those surrounding the occurrence of an aviation security incident.
(2)
An operator must:
(a)
retain the records of an audit for 7 years; and
(b)
retain the records of a review for 3 years.

2.13What airport operator’s TSP must contain – description of airport

(1)
The TSP must set out:
(a)
the name of the airport; and
(b)
its geographic location, including a reference to the closest population centre; and
(c)
whether or not access into landside and airside areas and zones of the airport, and the internal security of such areas and zones, is controlled at all times; and
(d)
details of procedures for security outside the airport’s normal hours of operation.
(1A)
The TSP must be accompanied by a document that sets out:
(a)
the types of aircraft operations that operate to and from the airport, including regular public transport, cargo, general aviation and joint‑user facilities and other significant operations that may require security considerations; and
(b)
the size of the airport; and
(c)
a description of significant features affecting the security of the airport perimeter, such as waterways or residential areas; and
(d)
a description of the airside and landside operations for which the operator has responsibility; and
(e)
the hours during which the airport normally operates.
(1B)
If a screened air service operates from the airport, the TSP must be accompanied by a document that contains a description of the apron or aprons for the airport.
(2)
The TSP must identify all aviation industry participants that have a facility at, or are located within, the airport that are required to have a TSP, or are covered by the airport operator’s TSP or another aviation industry participant’s TSP.
(3)
The operator of a security controlled airport must, within 7 working days after becoming aware of a change in any of the details mentioned in subregulation (1), (1A) or (2), notify the Secretary in writing of the new details.
Penalty: 20 penalty units.
(4)
The TSP must be accompanied by a document that sets out:
(a)
the operator’s name; and
(b)
the name of its chief executive officer or manager; and
(c)
the operator’s mailing address, if different to the airport’s location; and
(e)
the contact telephone number for the operator, including an after‑hours number; and
(f)
an alternative contact person and number; and
(g)
the name of the security contact officer and his or her business phone number, e‑mail address and a 24‑hour security contact number.
(5)
The operator of a security controlled airport must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (4) to accompany the TSP), notify the Secretary in writing of the new details.
Penalty: 20 penalty units.
(6)
A contravention of subregulation (3) or (5) is an offence of strict liability.
(7)
The operator must give each other aviation industry participant that has a facility at, or is located within, the airport:
(a)
contact details for the operator, including contact details for the operator’s security contact officer; and
(b)
details of the procedures to make known the location of airside areas, airside security zones and landside security zones within the boundaries of the airport; and
(c)
details of the procedures to check the identity of persons who are authorised to have access to those areas and security zones.
(8)
The TSP must require the airport operator to maintain a system to enable all aviation industry participants that have a facility at, or are located within, the airport to be contacted if an aviation security incident occurs.

2.14Required information about proposed security zones at airport operator’s airport

If an airport operator wishes the Secretary to establish an airside security zone or a landside security zone at the airport, the operator’s TSP must be accompanied by a document that sets out:
(a)
the purpose of establishing the zone; and
(b)
the proposed boundaries of the zone; and
(c)
if applicable, the period when, or the circumstances in which, the zone will be in force; and
(d)
the name or position of the person or persons responsible for security measures in relation to the zone.

2.15What airport operator’s TSP must contain – map of airside and landside areas and security zones

A map that accompanies the TSP for the purposes of paragraph 17(2)(a) of the Act:
(a)
must have a linear scale; and
(b)
must show a north point; and
(c)
must show the latitude and longitude of the airport; and
(d)
must be in black and white, with limited shading, or in colour; and
(e)
must be a clear and light featured depiction of the airport and its airside and landside areas; and
(f)
must be on A4‑size paper or in electronic form.
Note: The TSP for an airport operator must include a map of the airside and landside boundaries within the airport—see paragraph 17(2)(a) of the Act.

2.16What airport operator’s TSP must contain – physical security and access control

(1)
The TSP must set out the security measures and procedures to be used within the airport, including measures and procedures:
(a)
to control access at the airport and maintain the integrity of access control systems; and
(aa)
to monitor and control access to landside and airside security zones; and
(b)
to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things; and
(c)
to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things; and
(d)
to deter and detect unauthorised access into a landside security zone by people, vehicles or things; and
(e)
to be applied to unattended aircraft; and
(f)
to assess, identify and respond to unknown substances; and
(g)
to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and
(h)
to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges.
(2)
The TSP must:
(a)
specify the security measures and procedures that have been implemented within the airport; and
(b)
be accompanied by a document that sets out a timetable for implementation of any security measures and procedures that have not been implemented.
Issuing VICs for access control
(3)
If an airport operator intends to authorise agents to issue VICs on behalf of the airport operator, the TSP must set out procedures for:
(a)
how the airport operator will authorise agents; and
(b)
auditing an agent’s practices.
(4)
If an airport operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:
(a)
the form; and
(b)
whether VICs issued by the airport operator’s agents will be in the different form.
(5)
An airport operator’s TSP may set out:
(a)
more than 1 form for a VIC; and
(b)
that the airport operator’s agents may use a different form, set out in the TSP, than that used by the airport operator.
(6)
An airport operator’s TSP may state that the airport operator (or its agent) must not issue VICs in the form set out in regulation 6.39.
(7)
If an airport operator intends to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the airport operator within 7 days after the VIC has expired.

2.17What airport operator’s TSP must contain – screening and clearing

(1)
If a screened air service operates from the airport, the TSP must set out measures and procedures to carry out screening and clearing of persons and baggage.
(2)
These measures and procedures must include:
(a)
the locations where screening is undertaken; and
(e)
measures and procedures to control the movement of passengers; and
(f)
procedures for handling and screening transit passengers from inbound international flights at the first point of call in Australia; and
(g)
measures to ensure that passengers who have not been cleared on arriving aircraft (for example, small general‑aviation aircraft) do not mix or interfere with cleared passengers; and
(h)
measures and procedures to handle:
(i)
diplomats and other VIPs; and
(ii)
government couriers and diplomatic bags; and
(iii)
passengers with reduced mobility or a medical condition; and
(iv)
persons in custody; and
(v)
suspect behaviour by a passenger; and
(vi)
transit passengers; and
(i)
measures and procedures to follow sterile area breaches, including post‑breach recovery plans.

2.18What airport operator’s TSP must contain – checked baggage screening

If the airport operator carries out checked baggage screening itself, the TSP must include:
(a)
measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and
(b)
measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; and
(c)
procedures to treat unattended and suspect baggage; and
(d)
measures and procedures to respond to the detection of explosives.

2.18AWhat airport operator’s TSP must contain – access control and screening for security restricted areas at designated airports

(1)
This regulation applies if a security restricted area has been established within the airside area of a designated airport in accordance with section 30 of the Act.
Access control
(2)
The airport operator’s TSP must set out the following matters:
(a)
the location of points of entry into the security restricted area that are to be access control points for the purposes of these regulations;
(b)
the aviation industry participant that controls each access control point;
(c)
procedures to confirm the following:
(i)
the identity of persons entering the security restricted area through access control points controlled by the operator;
(ii)
that persons, vehicles and things entering the security restricted area through access control points controlled by the operator are authorised to do so;
(d)
procedures to confirm that each person who enters the security restricted area through an access control point controlled by the operator and who is required by Subdivision 3.2.1 to properly display an ASIC in the area:
(i)
holds a valid red ASIC; or
(ii)
holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;
(e)
if checks to confirm the matters mentioned in paragraphs (c) and (d) are to be performed at a place in the vicinity of an access control point—the location of that place;
(f)
procedures to ensure that a person entering the security restricted area other than through an access control point does not bring any unauthorised weapons into the security restricted area;
(g)
if persons are to be permitted to re‑enter the security restricted area, other than through an access control point, after leaving the security restricted area to perform work:
(i)
the classes of persons to whom that permission applies; and
(ii)
if that permission applies only if the work is to be performed at a facility that is in, or in the vicinity of, the airside area—a description of the facility and its location.
(3)
The TSP must be accompanied by a document that identifies the person, or persons jointly, responsible for maintaining the security of:
(a)
the security restricted area; and
(b)
each access control point for the security restricted area.
Screening
(4)
The TSP must also set out the following matters:
(a)
measures and procedures to carry out screening of persons, vehicles and goods that enter the security restricted area;
(b)
details of the locations where that screening will take place in accordance with subregulation 3.16E(3);
(c)
if:
(i)
the airport operator controls the security restricted area, or a part of the security restricted area; and
(ii)
the airport operator intends screening to occur inside the area, or the part of the area, in accordance with subregulation 3.16E(4);
details of the general area or areas in the security restricted area in which that screening will occur.

2.18BWhat airport operator’s TSP must contain – crowded landside zones at designated airports

If an airport operator is responsible for the crowded landside zone at a designated airport, the airport operator’s TSP must:
(a)
set out measure and procedures:
(i)
to control crowding in the crowded landside zone; and
(ii)
to reduce the risk and consequences of damage from explosive devices in the crowded landside zone; and

(b)
include details of:
(i)
exercises to be conducted to test the effectiveness of security responses in the crowded landside zone; and
(ii) how such exercises are scheduled.

2.19What airport operator’s TSP must contain – cargo facilities with direct access to airside

If a screened air service operates from the airport, the TSP must be accompanied by a document listing each facility that has direct access to the airside of the airport and is responsible for receiving, processing and clearing cargo.

2.20What airport operator’s TSP must contain – control of firearms, other weapons and prohibited items

(1)
The TSP must include:
(a)
measures to deter unauthorised possession of firearms, other weapons and prohibited items; and
(b)
procedures for dealing with surrendered firearms, other weapons and prohibited items; and
(c)
procedures for handling and movement of firearms and other weapons; and
(d)
procedures for using firearms and other weapons in the airside area or landside security zones; and
(e)
methods for ensuring that staff who have a need to know are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within the airport.
(2)
The airport operator must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws.

2.21Required information about measures and procedures in the event of a heightened security alert

(1)
The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.
(2)
Those measures and procedures must include:
(a)
procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and
(b)
procedures for reporting aviation security breaches, including occurrences that threaten the security of the airport; and
(c)
procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an incident, threat or breach involving one or more of the following:
(i)
an aircraft hijacking;
(ii)
a bomb threat;
(iii)
a failure of critical security equipment;
(iv)
an unattended or suspect vehicle or thing in a crowded landside zone;
(v)
armed persons in a crowded landside zone; and
(d)
procedures for responding to any special security direction given by the Secretary, including procedures to communicate directions within the airport; and
(e)
procedures for raising the awareness and alertness of staff to security threats and their responsibility to report aviation security incidents and breaches; and
(f)
details of any other security contingency procedures and plans.

2.22What airport operator’s TSP must contain – personnel with particular security roles

(1)
The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the operator in respect of the security‑related aspects of their positions.
(2)
The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s airport.
(3)
In this regulation:
relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s airport.

Division 2.3Operators of prescribed air services2.25What this Division does

This Division sets out the requirements about the content of a TSP for the operator of a prescribed air service.

2.26Application of this Division

(1)
This Division applies to the operator of a prescribed air service.
(2)
A reference in this Division to an aircraft operator is a reference to the operator of a prescribed air service.

2.27Scope of aircraft operator’s TSP

An aircraft operator’s TSP must cover any aviation‑security‑related activity that is relevant to its operations, including significant facilities on security controlled airports.

2.28What aircraft operator’s TSP must contain – outline etc.

The TSP must set out an outline of the objectives of the TSP and must include:
(a)
a statement outlining the local security risk context of the operator, including consideration of location, seasonal and operational factors; and
(b)
a list of general threats and generic security risk events to people, assets, infrastructure and operations; and
(c)
an outline of the people, assets, infrastructure and operations that need to be protected.

2.29What aircraft operator’s TSP must contain – procedures for managing security etc

(1)
The TSP must set out procedures for managing security at the operator’s facilities, including:
(a)
organisational structures and security management arrangements; and
(b)
the roles and responsibilities of security contact officers, security staff and contractors; and
(c)
the roles and responsibilities of other staff who have been assigned security duties and responsibilities.
(2)
The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation:
(a)
between the operator and the operator of any security controlled airport at which the operator has a facility; and
(c)
between the operator and relevant third parties.
Note: Relevant third parties might, for example, include police, tenants or lessees.
(3)
The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.

2.30What aircraft operator’s TSP must contain – procedures for quality control

(1)
The TSP must set out quality control procedures, including:
(a)
details of how audits are scheduled; and
(b)
the procedures for carrying out an audit; and
(c)
the procedures for reviewing the TSP, including a process for consultation during such a review; and
(d)
a description of the circumstances that will require a review of the TSP, including those surrounding the occurrence of an aviation security incident.
(2)
An operator must:
(a)
retain the records of an audit for 7 years; and
(b)
retain the records of a review for 3 years.

2.31What aircraft operator’s TSP must contain – details of operator’s name and operations

(1)
The TSP must set out:
(a)
the name of the operator; and
(b)
the geographic location of each of its operational facilities that is located within a security controlled airport; and
(c)
for each of the operator’s operational facilities—details of procedures for security outside the facility’s normal hours of operation.
(1A)
The TSP must be accompanied by a document that sets out:
(a)
the types of aircraft operations the operator carries on (including regular public transport, cargo and general aviation operations) that may require security considerations, including:
(i)
details of the operator’s aircraft, including aircraft types and numbers; and
(ii)
details of regular routes flown and airports served; and
(b)
for each of the operator’s operational facilities—the hours of the facility’s normal operation.
(2)
The operator of a prescribed air service must, within 7 working days after becoming aware of a change in any of the details mentioned in subregulation (1) or (1A), notify the Secretary in writing of the new details.
Penalty: 20 penalty units.
(3)
The TSP must be accompanied by a document that sets out:
(a)
the operator’s name; and
(b)
the name of its chief executive officer or manager; and
(c)
the operator’s mailing address; and
(e)
the contact telephone number for the operator, including an after‑hours number; and
(f)
an alternative contact person and number; and
(g)
the name of the security contact officer and his or her business phone number, e‑mail address and a 24‑hour security contact number.
(4)
The operator of a prescribed air service must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (3) to accompany the TSP), notify the Secretary in writing of the new details.
Penalty: 20 penalty units.
(5)
A contravention of subregulation (2) or (4) is an offence of strict liability.
(6)
The operator of a prescribed air service must give the operator of each security controlled airport at which it has a facility contact details for the facility, including contact details for the operator’s security contact officer.

2.32What aircraft operator’s TSP must contain – physical security and access control

(1)
The TSP must set out the security measures and procedures to be used within each of the operator’s facilities, including measures and procedures:
(a)
to control access to aircraft and facilities and maintain the integrity of access control systems; and
(b)
to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things; and
(c)
to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things; and
(d)
to deter and detect unauthorised access into a landside security zone by people, vehicles or things; and
(e)
to be applied to unattended aircraft; and
(f)
to assess, identify and respond to unknown substances; and
(g)
to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and
(h)
to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges.
(2)
The TSP must:
(a)
specify the security measures and procedures that have been implemented within each of the operator’s facilities; and
(b)
be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented.
Issuing TACs for access control
(5)
If an aircraft operator intends to issue TACs, the TSP must set out the process for how the aircraft operator will issue TACs.
Issuing VICs for access control
(6)
If an aircraft operator intends to authorise agents to issue VICs on behalf of the aircraft operator, the TSP must set out procedures for:
(a)
how the aircraft operator will authorise agents; and
(b)
auditing an agent’s practices.
(7)
If an aircraft operator is approved by the Secretary to issue VICs and the aircraft operator intends to issue VICs in a form that is different from that set out in regulation 6.39, the TSP must set out:
(a)
the form; and
(b)
whether VICs issued by the aircraft operator’s agents will be in the different form.
(8)
An aircraft operator’s TSP may set out:
(a)
more than 1 form for a VIC; and
(b)
that an aircraft operator’s agents may use a different form, set out in the TSP, than that used by the aircraft operator.
(9)
An aircraft operator’s TSP may state that the aircraft operator (or its agent) must not issue VICs in the form set out in regulation 6.39.
(10)
If an aircraft operator is approved by the Secretary to issue VICs, the TSP may set out circumstances in which a VIC need not be returned to the aircraft operator within 7 days after the VIC has expired.

2.33What aircraft operator’s TSP must contain – control of firearms, other weapons and prohibited items

(1)
The aircraft operator must ensure that procedures in the TSP include:
(a)
measures to deter unauthorised possession of firearms, other weapons and prohibited items; and
(b)
procedures for dealing with surrendered firearms, other weapons and prohibited items; and
(c)
procedures for handling and movement of firearms and other weapons; and
(e)
methods for ensuring operational staff are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within the airport.
(2)
The aircraft operator must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws.

2.34What aircraft operator’s TSP must contain – check‑in and boarding procedures

The TSP must set out passenger check‑in and boarding procedures, including procedures for dealing with any anomalies in passenger reconciliation that may arise during check‑in or boarding.

2.35What aircraft operator’s TSP must contain – screening and clearing

If the operator carries out passenger or crew screening, the TSP must include:
(a)
measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and
(b)
measures to ensure that cleared passengers departing from or boarding an aircraft do not mix with passengers who have not been cleared on arriving aircraft; and
(c)
measures and procedures to carry out screening and clearing of carry‑on baggage, including details of the locations where that screening and clearing is undertaken; and
(d)
measures and procedures for the screening and clearing of transit passengers, including passengers who cannot leave the aircraft during transit; and
(e)
procedures to treat suspect passengers or carry‑on baggage; and
(f)
measures and procedures to control the movement of passengers; and
(g)
measures and procedures to handle:
(i)
diplomats and other VIPs; and
(ii)
government couriers and diplomatic bags; and
(iii)
passengers with reduced mobility or a medical condition; and
(iv)
persons in custody; and
(v)
transit passengers; and
(i)
measures and procedures following sterile area breaches, including post‑breach recovery plans.

2.35AWhat aircraft operator’s TSP must contain – access control and screening for security restricted areas at designated airports

Access control
(1)
If an aircraft operator controls an access control point into a security restricted area at a designated airport, the TSP must set out the following matters:
(a)
procedures to confirm the following:
(i)
the identity of persons entering the security restricted area through the access control point;
(ii)
that persons, vehicles and things entering the security restricted area through the access control point are authorised to do so;
(b)
procedures to confirm that each person who enters the security restricted area through the access control point and who is required by Subdivision 3.2.1 to properly display an ASIC in the area:
(i)
holds a valid red ASIC; or
(ii)
holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC;
(c)
if checks to confirm the matters mentioned in paragraphs (a) and (b) are to be performed at a place in the vicinity of the access control point—the location of that place;
(d)
procedures to ensure that a person entering a part of the security restricted area that is controlled by the aircraft operator other than through an access control point does not bring any unauthorised weapons into the security restricted area;
(e)
if persons are to be permitted to re‑enter a part of the security restricted area that is controlled by the aircraft operator, other than through an access control point, after leaving the security restricted area to perform work:
(i)
the classes of persons to whom that permission applies; and
(ii)
if that permission applies only if the work is to be performed at a facility that is in, or in the vicinity of, the airside area—a description of the facility and its location.
(2)
If an aircraft operator controls the whole or a part of a security restricted area at a designated airport, the TSP must be accompanied by a document that identifies the person, or persons jointly, responsible for maintaining the security of each access control point into the area or that part of the area.
Screening
(3)
If an aircraft operator carries out screening for a security restricted area at a designated airport, the TSP must also set out the following matters:
(a)
measures and procedures to carry out screening of persons, vehicles and goods that enter the security restricted area;
(b)
details of the locations where that screening will take place in accordance with subregulation 3.16E(3);
(c)
if:
(i)
the aircraft operator controls the security restricted area, or a part of the security restricted area; and
(ii)
the aircraft operator intends screening to occur inside the area, or the part of the area, in accordance with subregulation 3.16E(4);
details of the general area or areas in the security restricted area in which that screening will occur.

2.36What aircraft operator’s TSP must contain – security of passenger and crew information

The TSP must set out measures to ensure the protection of information about passenger and crew movements.

2.37What aircraft operator’s TSP must contain – checked baggage screening

If the operator carries out checked baggage screening itself, the TSP must include:
(a)
measures and procedures to carry out that screening, including details of the locations where screening is undertaken; and
(c)
measures and procedures to ensure that checked baggage is protected against tampering and the introduction of explosives; and
(d)
procedures to treat unattended and suspect baggage; and
(e)
measures and procedures to respond to the detection of explosives.

2.38What aircraft operator’s TSP must contain – passenger and checked baggage reconciliation

The TSP must include measures and procedures to ensure that checked baggage transported on an aircraft belongs to the passengers on the flight, including:
(a)
details of the procedures used to reconcile passengers and baggage; and
(b)
procedures to ensure that the requirements of subregulations 4.21(6) and (7) are complied with before the aircraft departs.

2.39What aircraft operator’s TSP must contain – security of aircraft

(1)
The TSP must include:
(a)
measures and procedures to prevent the unlawful carriage of a firearm, another weapon or a prohibited item, including the procedures to respond to the detection of a firearm, another weapon or a prohibited item; and
(b)
measures and procedures to deter unauthorised access to aircraft at all times; and
(c)
measures and procedures to ensure that access to an aircraft’s flight deck is controlled to prevent unauthorised entry at all times; and
(d)
measures and procedures to assess, identify and respond to unknown substances; and
(e)
measures and procedures to investigate, secure and remove unattended and suspect items, including baggage and cargo; and
(f)
measures and procedures to maintain the security of stores; and
(g)
measures and procedures for handling suspect behaviour by a passenger, including:
(i)
details of restraining devices that will be carried on board each aircraft and their location; and
(ii)
details of the crew members who are authorised to use restraints; and
(iii)
the procedures for reporting suspect behaviour by passengers.
(2)
If an aircraft operator carries a person in custody as a passenger on an aircraft, the TSP must include measures and procedures to ensure on board security when carrying the person in custody.

2.40What aircraft operator’s TSP must contain – security of aircraft cleaning operations and stores

The TSP must include measures and procedures to ensure the security of aircraft cleaning operations and materials to be taken on board an aircraft and at facilities controlled by the operator.

2.41What aircraft operator’s TSP must contain – security of cargo etc

(2)
The TSP must set out the procedures for receipt and handling of cargo.
(3)
The TSP must set out measures and procedures to be used to ensure the security of cargo at all times, including supervising and controlling access to cargo that has received clearance.
(4)
The TSP must set out measures and procedures to be used to ensure the security of diplomatic mail.
(5)
The TSP must set out measures and procedures to be used for handling and treating high risk cargo.

2.42What aircraft operator’s TSP must contain – security of documents

The TSP must include measures and procedures to control access to operational documents (such as baggage tags, boarding passes and tickets), including those produced electronically.

2.43Required information about measures and procedures in the event of a heightened security alert

(1)
The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.
(2)
Those measures and procedures must include:
(a)
procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and

(b)
procedures for reporting aviation security breaches, including occurrences that threaten aviation security; and
(c)
procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an incident, threat or breach involving one or more of the following:
(i)
an aircraft hijacking;
(ii)
a bomb threat;
(iii)
a failure of critical security equipment;
(iv)
an external attack on an aircraft;
(v)
the discovery of an unknown substance on an aircraft in flight;
(vi)
the discovery of an unauthorised person on board an aircraft in flight;
(vii)
an unattended or suspect vehicle or thing in a crowded landside zone;
(viii)
armed persons in a crowded landside zone; and
(d)
procedures for responding to any special security directions given by the Secretary; and
(e)
procedures for raising the awareness and alertness of staff to security threats and their responsibility to report aviation security incidents and breaches; and
(f)
details of any other security contingency procedures and plans.

2.45What aircraft operator’s TSP must contain – personnel with particular security roles

(1)
The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of the operator in respect of the security‑related aspects of their positions.
(2)
The operator must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at the operator’s facilities.
(3)
In this regulation:
relevant staff of an operator means employees, contractors and other persons who have been assigned particular security duties and responsibilities at the operator’s facilities.

Division 2.6Airservices Australia2.75Definition for Division – AA

In this Division:
AA means Airservices Australia.

2.76What this Division does

This Division sets out the requirements about the content of a TSP for AA.

2.77Scope of AA’s TSP

The TSP must set out the measures and procedures for managing the provision of protective security to minimise the risk of unlawful interference with aviation, including security threats and other major security threats against critical air traffic facilities, aeronautical navigation facilities, telecommunications facilities and surveillance facilities.

2.78What AA’s TSP must contain – outline

The TSP must set out an outline of the objective of the TSP and must include:
(a)
a statement outlining the local security risk context of AA’s facilities, including consideration of location, seasonal and operational factors; and
(b)
a list of general threats and generic security risk events to people, assets, infrastructure and operations; and
(c)
an outline of the people, assets, infrastructure and operations that need to be protected.

2.79What AA’s TSP must contain – procedures for managing security etc

(1)
The TSP must set out procedures for managing security at its facilities, including:
(a)
organisational structures and security management arrangements; and
(b)
the roles and responsibilities of AA’s security officers, security staff and contractors; and
(c)
the roles and responsibilities of other staff who have been assigned other security duties and responsibilities.
(2)
The TSP must, for the purpose of coordinating security‑related activities, set out a mechanism for consultation between AA and relevant third parties.
Note: Relevant third parties might, for example, include police, aircraft operators, tenants or lessees.
(3)
The TSP must set out measures to ensure that the TSP and other security information is protected against unauthorised access, amendment and disclosure.

2.80What AA’s TSP must contain – procedures for quality control

(1)
The TSP must set out quality control procedures, including:
(a)
details of how audits are scheduled; and
(b)
the procedures for carrying out an audit; and
(c)
the procedures for reviewing the TSP, including a process for consultation during such a review; and
(d)
a description of the circumstances that will require a review of the TSP including those surrounding the occurrence of an aviation security incident.
(2)
AA must:
(a)
retain the records of an audit for 7 years; and
(b)
retain the records of a review for 3 years.

2.81What AA’s TSP must contain – details of AA’s operations

(1)
The TSP must set out:
(a)
details of AA’s aviation‑related facilities (including facilities for air traffic control and related activities) that are covered by the TSP; and
(b)
for each of those facilities—details of:
(i)
the type of operations carried out by the facility, including joint‑user facilities and other significant operations that may require security considerations; and
(ii)
the hours of operation of the facility; and
(iii)
the procedures for security outside each facility’s normal hours of operation.
(3)
The TSP must be accompanied by a document that sets out:
(b)
AA’s contact telephone number, an after‑hours number and an alternative contact person and number; and
(c)
the name of AA’s security contact officer, and his or her business phone number, e‑mail address and 24‑hour security contact number.
(4)
AA must, within 2 working days after becoming aware of a change in contact details (that is, the details required by subregulation (3) to accompany the TSP), notify the Secretary in writing of the new details.
List of AA’s contact details
(5)
AA must maintain a contact system for all facilities and other significant operations covered under the TSP.
AA to give information
(6)
For each of its facilities that is located within a security controlled airport, AA must give the operator of the airport the contact information for the facility, including contact details for AA’s security contact officer or the facility security contact officer.

2.82What AA’s TSP must contain – physical security and access control

(1)
The TSP must set out the security measures and procedures to be used by each of its facilities, including measures and procedures:
(a)
to control access at facilities and maintain integrity of access control systems, both within a security controlled airport and off‑airport; and
(b)
to deter and detect unauthorised access by people, vehicles or things; and
(c)
to deal with unattended vehicles at a facility that is within a security controlled airport; and
(d)
to investigate, secure and remove unattended or suspect items, including vehicles, materials and stores; and
(e)
to ensure the continued security of passwords, keys and key lists, electronic access cards and other security privileges; and
(f)
to assess, identify and respond to unknown substances.
(2)
The TSP must:
(a)
specify the security measures and procedures that have been implemented within each of AA’s facilities; and
(b)
be accompanied by a document that sets out a timetable for implementation of any measures and procedures that have not been implemented.

2.83What AA’s TSP must contain – control of firearms, other weapons and prohibited items

(1)
The TSP must include:
(a)
measures to deter unauthorised possession of firearms, other weapons and prohibited items; and
(b)
procedures for dealing with surrendered firearms, other weapons and prohibited items; and
(c)
procedures for the handling and movement of firearms and other weapons; and
(d)
procedures for using firearms and other weapons in the airside area or landside security zones; and
(e)
methods for ensuring that operational staff are aware of the restrictions on the possession and use of firearms, other weapons and prohibited items within a facility.
(2)
AA must ensure that procedures in the TSP to handle or transport firearms, other weapons and prohibited items are consistent with relevant Commonwealth, State or Territory laws.

2.84Measures for heightened security alert

(1)
The TSP must be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert.
(2)
The document must include:
(a)
procedures for responding to and investigating aviation security incidents, including threats and breaches of security; and
(b)
procedures for reporting aviation security breaches, including occurrences that threaten the security of an AA facility within a security controlled airport; and
(c)
procedures for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including bomb threats and critical security equipment failures; and
(d)
procedures for responding to any special security directions given by the Secretary, including procedures to communicate directions within a security controlled airport; and
(e)
procedures for raising the awareness and alertness of staff to security threats and responsibility to report aviation security incidents and breaches; and
(f)
details of any other security contingency procedures and plans.

2.85What AA’s TSP must contain – control directions

(1)
The TSP must describe the procedures that AA will use for passing compliance control directions to the pilot in command of the aircraft concerned.
Note: In relation to compliance control directions, see section 74B of the Act.
(2)
The TSP must describe the procedures that AA will use to pass an incident control direction to the pilot in command of an aircraft.
Note: In relation to incident control directions, see section 74D of the Act.
(3)
The TSP complies with subregulations (1) and (2) if it refers to another document that sets out the procedures.

2.86What AA’s TSP must contain – personnel with particular security roles

(1)
The TSP must set out the knowledge, skills, training, qualifications or other requirements required by relevant staff of AA in respect of the security‑related aspects of their positions.
(2)
AA must provide security awareness training for the relevant staff to enable them to properly perform the security‑related aspects of their positions at AA’s facilities.
(3)
In this regulation:
relevant staff of AA means employees, contractors and other persons who have been assigned particular security duties and responsibilities at AA’s facilities.

Part 3Airport areas and zonesDivision 3.1A—Security controlled airportscategories3.01ADefinitions

(1)
In this Division:
revenue passenger means a passenger who has paid a fee for a flight, including a passenger who has acquired a ticket for the flight under a frequent flyer scheme.
(2)
For this Division, the average number of revenue passengers is worked out by:
(a)
adding together the number of revenue passengers departing the airport:
(i)
if the airport has been operating for at least 3 financial years—in each of the 3 previous financial years; or
(ii)
if the airport has been operating for less than 3 financial years—in each of the previous financial years that the airport has been operating; and
(b)
dividing the total by:
(i)
if the airport has been operating for at least 3 financial years—3; or
(ii)
if the airport has been operating for less than 3 financial years—the number of financial years that the airport has been operating.

3.01BCategories of security controlled airports

For the purposes of section 28A of the Act, the following categories of security controlled airports are prescribed:
(a)
designated airport;
(b)
tier 1;
(c)
tier 2;
(d)
tier 3.
Note: The Secretary may assign a particular security controlled airport a category prescribed by this regulation (see subsection 28(6) of the Act).

3.01CCriteria to be considered by Secretary

(1)
For subsection 133(1) of the Act, before assigning a particular security controlled airport a category under subsection 28(6) of the Act, the Secretary may consider the matters set out in this regulation.
Note: Under paragraph 126(1)(ea) of the Act, application may be made to the Administrative Review Tribunal for a review of the Secretary’s decision to assign a category to a particular security controlled airport.
(2)
The Secretary may consider the following:
(a)
whether the airport is a designated airport;
(b)
whether an international air service operates to or from the airport;
(c)
whether aircraft operate regular public transport operations or open charter operations to or from the airport, and if so:
(i)
the seating capacity of those aircraft; and
(ii)
the average number of revenue passengers that depart the airport each year as part of those operations;
(d)
whether aircraft operate closed charter operations to or from the airport, and if so, the seating capacity of those aircraft.
(3)
The Secretary may also consider the following:
(a)
whether the design of the existing terminal at the airport will prevent the airport operator from complying with particular security screening requirements;
(b)
whether it is practicable for temporary facilities to be installed at the airport so that the airport operator can comply with particular security screening requirements;
(c) the operational environment of the airport, including:
(i)
the types of aircraft operating to and from the airport; and
(ii)
the services those aircraft provide; and
(iii)
the services available at the airport, such as refuelling and maintenance services;
(d)
the number of revenue passengers that:
(i)
departed the airport in each of the 3 previous financial years; and
(ii)
are expected to depart the airport in the following 3 financial years;
(e)
the ability of the screening authority for the airport or an area of the airport to:
(i)
provide and operate security screening equipment; and
(ii)
provide particular security screening services;
(f)
when the airport operator expects to be able to start complying with particular security screening requirements;
(g)
the social and financial implications of requiring, or not requiring, the airport to use or implement equipment or procedures specified in the Act, these Regulations, or in a notice given by the Secretary under regulation 4.17;
(h)
any other matter that the Secretary considers relevant.
Example of social implications for paragraph (g): The loss of access by the local community to medical services.

Division 3.1Establishment of areas and zones3.01Type of airside security zone

For the purposes of section 31 of the Act, the following type of airside security zone is prescribed, that is, the security restricted area.

3.02Types of landside security zones

For section 33 of the Act, the following types of landside security zones are prescribed:
(a)
the sterile area;
(aa)
the crowded landside zone;
(b)
the fuel storage zone;
(c)
the air traffic control facilities zone;
(d)
the navigational aids zone.

3.02AType of airside event zones

For section 31B of the Act, the following type of airside event zone is prescribed, that is, the airside special event zone.

3.02BType of landside event zones

For section 33B of the Act, the following type of landside event zone is prescribed, that is, the landside special event zone.

Division 3.2—Control of secure areasuse of ASICs etcSubdivision 3.2.1Display and use of ASICs, VICs and TACs in secure areas3.03Requirement to display ASICs in secure areas

(1)
Subject to subregulations (4), (4A) and (5), regulations 3.05 to 3.09 and subregulations 3.18(2) and 3.26(2):
(a)
a person in the airside security zone of a security controlled airport must properly display a valid red ASIC; and
(b)
a person in a secure area (other than the airside security zone) of such an airport must properly display either a valid red ASIC or a valid grey ASIC.
Penalty: 5 penalty units.
Note 1: The requirement in subregulation (1) applies to a person who is accessing parts of the sterile area not generally accessible to passengers or the public.
Note 2: For properly displaying, see regulation 1.04; for valid, see regulation 1.05; for secure area, see regulation 1.03.
Note 3: A person who properly displays a valid VIC or TAC, and is supervised by a person who properly displays a valid ASIC, need not display a valid ASIC—see regulation 3.09.
(2)
To avoid doubt, the obligations in subregulation (1) apply to crew.
(3)
A contravention of subregulation (1) is an offence of strict liability.
(4)
Subregulation (1) does not apply in relation to a security controlled airport from or to which no regular public transport operation operates.
(4A)
At a security controlled airport from or to which no screened air service operates, paragraphs (1)(a) and (b) apply only during traffic periods.
(4B)
To avoid doubt, there is no requirement that a person display a VIC or TAC in the secure area of an airport referred to in subregulation (4A) other than during traffic periods.
(5)
Subregulation (1) does not apply to a person:
(a)
who is in a part of the sterile area that is generally accessible to passengers or the public generally; or
(b)
who is a passenger and:
(i)
is boarding or disembarking from an aircraft by means of an aerobridge; or
(ii)
is boarding or disembarking from an aircraft in the secure area and is moving reasonably directly between the aircraft and the terminal building.

3.04Supervision and control while embarking and disembarking etc

(1)
For paragraph 44(2)(l) of the Act, a screening authority must have, and must employ, supervision and control measures adequate to ensure that persons, goods and vehicles in the sterile area that have received clearance remain cleared.
(2)
For paragraph 44(2)(l) of the Act, an aircraft operator must have, and must employ, supervision and control measures adequate to ensure that:
(a)
persons in the airside area who have received clearance remain cleared while boarding or disembarking from a prescribed air service; and
(b)
goods and vehicles in the airside area that have received clearance remain cleared while being loaded onto or unloaded from a prescribed air service.
(3)
The supervision and control measures must ensure that passengers moving between the sterile area and an aircraft do not have access to a weapon or a prohibited item if the aircraft is to operate a screened air service.

3.05Crew of foreign and state aircraft etc

Despite regulation 3.03, the following people need not display an ASIC in a secure area:
(a)
a person who is a member of the crew of a foreign aircraft (other than a state aircraft) that is engaged in a regular public transport operation or a charter operation and who:
(i)
is in the uniform of the aircraft operator; and
(ii)
displays appropriate identification issued or authorised by the aircraft operator;
(b)
a person who is a member of the crew of a state aircraft (that is, a person who has duties or functions on board such an aircraft during its flight in connection with the flying or safety of the aircraft) and who:
(i)
is in uniform; and
(ii)
displays appropriate identification issued or authorised by the defence force or service of which he or she is a member;
(c)
a person who:
(i)
is a member of a foreign defence force or service; and
(ii)
is undergoing flight training; and
(iii)
is in uniform; and
(iv)
displays appropriate identification issued or authorised by the defence force or service of which he or she is a member; and
(v)
is supervised by a person who is displaying a valid ASIC.

3.06Members of a defence force

(1)
This regulation applies to a member of:
(a)
the Australian Defence Force (ADF); and
(b)
a visiting force, within the meaning of the Defence (Visiting Forces) Act 1963, on training, exercises or operations with the ADF.
(2)
Despite regulation 3.03, a member of a defence force to whom this regulation applies need not display an ASIC in a secure area if the member:
(a)
is on duty and involved:
(i)
in the operation of an aircraft; or
(ii)
in supporting the operation of an aircraft; and
(b)
is in uniform or other role appropriate clothing; and
(c)
displays proper identification as a member of a defence force.

3.07Persons facilitating movement of cargo or passengers

(1)
In this regulation:
cargo facilitator means a person who:
(a)
is at a security controlled airport for the purpose of travelling with cargo on a prescribed aircraft; and
(b)
has arrived at the airport on the aircraft; and
(c)
is travelling for the purpose of assisting with the movement of the cargo; and
(d)
does not travel through the airport for that purpose more than 3 times a year.
Example: A person travelling with a racehorse to move the horse off the aircraft.
medical transport facilitator means a person who is an employee, contractor or volunteer of a State or Territory ambulance service and is at a security controlled airport for the purpose of assisting with the movement of:

rep F2021L00675

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Division 5.4

Division 5.4................................

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am No 124, 2015

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Part 6

Division 6.1

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Division 6.2

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rep. 2009 No. 275

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Division 6.3

r 6.12.........................................

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rs No 61, 2011

am No 90, 2015

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Division 6.4

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Division 6.5

Division 6.5................................

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Subdivision 6.5.1

Subdivision 6.5.1 heading............

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Subdivision 6.5.1........................

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Subdivision 6.5.2

Subdivision 6.5.2 heading............

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rs. No 61, 2011

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ad No 61, 2011

am No 90, 2015

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Subdivision 6.5.2A......................

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Subdivision 6.5.3

Subdivision 6.5.3........................

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Subdivision 6.5.3A

Subdivision 6.5.3A heading..........

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Subdivision 6.5.4 heading............

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Subdivision 6.5.5

Subdivision 6.5.5........................

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rep. 2009 No. 275

Division 6.6

Division 6.6 heading....................

rs. 2011 No. 61

r 6.52.........................................

am No 124, 2015

r. 6.53........................................

am. 2005 No. 222; 2011 No. 61

Division 6.7

r. 6.54........................................

am. 2007 No. 170; F2016L01656

r 6.55.........................................

rs No 320, 2005

am F2019L00829

r. 6.55A......................................

ad. 2005 No. 222

am. 2011 No. 61

r. 6.56........................................

am. 2005 No. 222

r. 6.56A......................................

ad. 2005 No. 222

am. 2011 No. 61

r 6.57.........................................

am F2016L01656

r 6.58.........................................

am F2024L01299

r. 6.58A......................................

ad. 2005 No. 222

r. 6.58B......................................

ad. 2005 No. 222

Division 6.8

Division 6.8................................

ad F2022L00338

r 6.60.........................................

ad F2022L00338

Part 6A

Part 6A......................................

ad. No. 47, 2013

r. 6A.01......................................

ad. No. 47, 2013

r 6A.02......................................

ad F2021L00736

Part 7

r 7.01.........................................

am No 124, 2015

r 7.02.........................................

am No 124, 2015

r 7.03.........................................

rs No 124, 2015

r 7.04.........................................

am No 124, 2015

r 7.05.........................................

am No 124, 2015

r 7.09.........................................

am No 124, 2015

r 7.10.........................................

am No 124, 2015

r 7.11.........................................

am No 124, 2015

r 7.13.........................................

ad F2019L00829

r 7.14.........................................

ad F2019L00829

r 7.15.........................................

ad F2019L00829

Part 8

Part 8 heading.............................

am F2022L00517

r 8.01.........................................

rs F2024L01299

r 8.01A......................................

ad F2022L00517

r 8.01B.......................................

ad F2022L00517

r 8.02.........................................

am No 45, 2006; No 100, 2006; No 298, 2010; No 61, 2011; F2016L01656; F2022L00338; F2022L00517; F2024L01299

r 8.03.........................................

am F2024L01299

r 8.03A......................................

ad F2016L01615

am F2024L01299

r 8.04.........................................

am F2016L01615; F2024L01299

r 8.05.........................................

ad No 190, 2008

am F2024L01299

r 8.06.........................................

ad No 61, 2011

am F2024L01299

r 8.07.........................................

ad F2021L00736

am F2024L01299

Part 9

r 9.01.........................................

rs No 40, 2006

am F2019L00829

Part 10

Part 10 heading...........................

rs F2016L01615

Part 10.......................................

ad No 90, 2015

Division 1

Division 1 heading......................

ad F2016L01615

r 10.01.......................................

ad No 90, 2015

Division 2

Division 2 heading......................

ad F2016L01615

r 10.02.......................................

ad No 123, 2015

Division 3

Division 3 heading......................

ad F2016L01615

r 10.03.......................................

ad No 248, 2015

Division 4

Division 4..................................

ad F2016L01615

Subdivision A

r 10.04.......................................

ad F2016L01615

Subdivision B

r 10.05.......................................

ad F2016L01615

r 10.06.......................................

ad F2016L01615

r 10.07.......................................

ad F2016L01615

r 10.08.......................................

ad F2016L01615

r 10.09.......................................

ad F2016L01615

r 10.10.......................................

ad F2016L01615

r 10.11.......................................

ad F2016L01615

r 10.12.......................................

ad F2016L01615

r 10.13.......................................

ad F2016L01615

r 10.14.......................................

ad F2016L01615

Subdivision C

Subdivision C.............................

ad F2016L01615

r 10.15.......................................

ad F2016L01615

r 10.16.......................................

ad F2016L01615

r 10.17.......................................

ad F2016L01615

Division 5

Division 5..................................

ad F2016L01656

r 10.18.......................................

ad F2016L01656

r 10.19.......................................

ad F2016L01656

Division 6

Division 6..................................

ad F2016L01659

r 10.20.......................................

ad F2016L01659

Division 7

Division 7..................................

ad F2016L01660

r 10.21.......................................

ad F2016L01660

Division 8

Division 8..................................

ad F2016L01828

r 10.22.......................................

ad F2016L01828

Division 9

Division 9..................................

ad F2017L00440

r 10.23.......................................

ad F2017L00440

Division 10

Division 10.................................

ad F2017L01369

Subdivision A

r 10.24.......................................

ad F2017L01369

Subdivision B

r 10.25.......................................

ad F2017L01369

r 10.26.......................................

ad F2017L01369

Subdivision C

r 10.27.......................................

ad F2017L01369

r 10.28.......................................

ad F2017L01369

r 10.29.......................................

ad F2017L01369

r 10.30.......................................

ad F2017L01369

Division 11

Division 11.................................

ad F2018L01603

r 10.31.......................................

ad F2018L01603

Division 12

Division 12.................................

ad F2018L01785

Subdivision A

r 10.32.......................................

ad F2018L01785

Subdivision B

r 10.33.......................................

ad F2018L01785

Division 13

Division 13.................................

ad F2019L00829

r 10.34.......................................

ad F2019L00829

Division 14

Division 14.................................

ad F2019L00840

r 10.35.......................................

ad F2019L00840

Division 15

Division 15.................................

ad F2019L01573

r 10.36.......................................

ad F2019L01573

Division 16

Division 16.................................

ad F2020L00240

Subdivision A

r 10.37.......................................

ad F2020L00240

Subdivision B

r 10.38.......................................

ad F2020L00240

r 10.39.......................................

ad F2020L00240

r 10.40.......................................

ad F2020L00240

Division 17

Division 17.................................

ad F2021L00971

r 10.41.......................................

ad F2021L00971

Division 18

Division 18.................................

ad F2021L00736

r 10.42.......................................

ad F2021L00736

Division 19

Division 19.................................

ad F2021L00835

r 10.43.......................................

ad F2021L00835

r 10.44 (first

occurring)...................................

ad F2021L00835

renum

ed C72

r 10.44A (prev r 10.44 first occurring)

Division 20

Division 20.................................

ad F2021L01145

r 10.44 (second occurring)............

ad F2021L01145

r 10.45.......................................

ad F2021L01145

r 10.46.......................................

ad F2021L01145

Division 21

Division 21.................................

ad F2022L00338

r 10.47.......................................

ad F2022L00338

r 10.48.......................................

ad F2022L00338

r 10.49.......................................

ad F2022L00338

r 10.50.......................................

ad F2022L00338

r 10.51.......................................

ad F2022L00338

Division 22

Division 22.................................

ad F2022L00517

r 10.52.......................................

ad F2022L00517

r 10.53.......................................

ad F2022L00517

Division 23

Division 23.................................

ad F2023L00192

r 10.54.......................................

ad F2023L00192

Division 24

Division 24.................................

ad F2023L00760

r 10.55.......................................

ad F2023L00760

Schedule....................................

rep F2017L00440

Schedule 1

Schedule 1..................................

ad F2021L01145