Document ID: chunk:federal_register_of_legislation:C2024C00432:section:44c:p1
Version: federal_register_of_legislation:C2024C00432
Segment Type: section
Provision Reference: s 44C (pt 1/3)
Character Range: 98482–101357

44C  Requirements for examining and clearing cargo
 (1) For the purposes of safeguarding against unlawful interference with aviation or preventing the use of aviation in connection with serious crime (or both), the regulations may:
 (a) prescribe requirements in relation to one or more of the following:
 (i) examining cargo;
 (iii) receiving clearance;
 (iv) the circumstances in which cargo is required to be cleared; and
 (aa) establish a scheme under which certain persons that carry on a business that includes handling, or making arrangements for transport, of cargo are approved as known consignors;
 (b) establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are designated as regulated air cargo agents; and
Note: Regulated air cargo agents are a kind of regulated agent: see the definition of regulated agent in section 9.
 (c) establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are accredited as accredited air cargo agents; and
Note: Accredited air cargo agents are a kind of regulated agent: see the definition of regulated agent in section 9.
 (d) prescribe conditions that must be complied with by:
 (i) all known consignors, all regulated agents or all aircraft operators; or
 (ii) one or more specified classes of known consignors, regulated agents or aircraft operators; or
 (iii) one or more specified known consignors, regulated agents or aircraft operators; and
 (f) prohibit a person from carrying on a business to the extent that it consists of:
 (i) handling cargo; or
 (ii) making arrangements for the transport of cargo;
  unless the person is a known consignor, a regulated agent or an aircraft operator; and
 (g) prescribe training requirements for employees of:
 (i) all known consignors or all regulated agents; or
 (ii) one or more specified classes of known consignors or regulated agents; or
 (iii) one or more specified known consignors or regulated agents.
 (1A) The Secretary may, by legislative instrument, make a determination in relation to the matter covered by paragraph (1)(g).
 (2) Without limiting subsection (1), the following matters may be dealt with by regulations made under that subsection:
 (a) the examination of cargo by:
 (i) all known consignors, all regulated agents or all aircraft operators; or
 (ii) one or more specified classes of known consignors, regulated agents or aircraft operators; or
 (iii) one or more specified known consignors, regulated agents or aircraft operators;
 (b) the procedures for dealing with cargo examined as mentioned in paragraph (a);
 (c) the places where examination is to be conducted;
 (d) the methods, techniques and equipment to be used for examination;
 (e) the things to be detected