AVIATION TRANSPORT SECURITY ACT 2004 No. 8, 2004 - SECT 65 Requirements relating to persons in custody

Commonwealth Numbered Acts

Requirements relating to persons in custody

(1): The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to persons in custody on a prescribed aircraft or at a security controlled airport.
(2): Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:

(a): the circumstances in which a person who is in custody may be on a prescribed aircraft or at a security controlled airport;
(b): the security arrangements, including escort arrangements, that must be implemented in relation to persons in custody on a prescribed aircraft, or at a security controlled airport, and the persons who must implement those arrangements;
(c): information about a person in custody that must be provided to the operator of the relevant prescribed aircraft or security controlled airport;
(d): information about a person in custody who is to be on a prescribed aircraft that must be provided to the pilot in command of the aircraft;
(e): the circumstances in which the operator of a prescribed aircraft, or the pilot in command of a prescribed aircraft, may refuse to allow a person in custody to be on the aircraft;
(f): the circumstances in which the operator of a security controlled airport may refuse to allow a person in custody to be at the airport;
(g): the number of persons in custody that may be on a prescribed aircraft, or at a security controlled airport, at any one time.

(3): Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:

(a): for an offence committed by an airport operator or an aircraft operator—200 penalty units; or
(b): for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a)—100 penalty units; or
(c): for an offence committed by any other person—50 penalty units.

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