Document ID: chunk:federal_register_of_legislation:C2024C00432:section:65
Version: federal_register_of_legislation:C2024C00432
Segment Type: section
Provision Reference: s 65
Character Range: 122037–124150

65  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 an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
 (c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

Division 6A—Prohibiting entry of certain cargo into Australian territory