Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p80
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 80/133)
Character Range: 262419–265115

was inspected after delivery to the business for signs that it had been tampered with before delivery and no such signs were found; and
 (c) the business has in place procedures to ensure that bags under its control cannot be tampered with; and
 (d) bags are stored in a secure manner and are accessible only by persons whose names are on a written list of persons authorised by the business to have access to the bags; and
 (e) the business keeps records relating to the delivery, storage and handling of the bags.
 (2) The Secretary may direct a person who conducts the business to keep a list mentioned in paragraph (1)(d) or a record mentioned in paragraph (1)(e) for the period specified in the direction.

4.22T  Offence—supply of non‑compliant security tamper‑evident bags
 (1) A person who conducts a retail business (the business) within a secure area of an airport commits an offence if:
 (a) someone working in the business seals a LAG product or inorganic powder purchased by a person (the customer) in a bag that is represented to the customer by the business to be a security tamper‑evident bag; and
 (b) either or both of the following apply:
 (i) the bag does not comply with the technical specifications for security tamper‑evident bags set out in the ICAO Aviation Security Manual;
 (ii) the security requirements set out in regulation 4.22S have not been satisfied for the bag.
 (2) For paragraph (1)(a), a business is taken to have represented to a customer that a bag is a security tamper‑evident bag if signage in the premises of the business or anything said to the customer by someone working in the business would reasonably lead the customer to believe that an item placed in the bag can be taken through a screening point for LAG products or inorganic powder at an airport outside Australia without being surrendered.
Penalty: 20 penalty units.

Subdivision 4.1.2—Checked baggage screening

4.23  Offence—aircraft operator loading checked baggage that has not been cleared
  For paragraph 44(2)(f) and subsection 44(4) of the Act, an aircraft operator commits an offence if:
 (a) the aircraft operator conducts a screened air service; and
 (b) the operator loads an item of checked baggage onto an aircraft that is being used for the air service; and
 (c) the operator knows the item has not been cleared.
Penalty: 50 penalty units.

4.24  Offence—failure of screening authority to supervise or control
 (1) For paragraph 44(2)(l) and subsection 44(4) of the Act, a screening authority for a security controlled airport, or part of the airport, commits an offence if:
 (a) a screened air service operates from the airport or part of the airport, as the case may be; and