Document ID: chunk:federal_register_of_legislation:C2024C00432:section:74d
Version: federal_register_of_legislation:C2024C00432
Segment Type: section
Provision Reference: s 74D
Character Range: 136219–137893

74D  Incident control directions

Australian aircraft
 (1) The Secretary may direct the aircraft operator for, or the pilot in command of, an Australian aircraft to take specified action in relation to the aircraft.

Foreign aircraft
 (2) The Secretary may direct the aircraft operator for, or the pilot in command of, an aircraft that:
 (a) is not an Australian aircraft; and
 (b) is in Australian territory;
to take specified action in relation to the aircraft.
 (3) A direction under subsection (1) or (2) is an incident control direction.
 (4) However, the Secretary must not give an incident control direction unless the Secretary reasonably believes that the direction is an appropriate or necessary response to an aviation security incident.
 (5) The action that an aircraft operator or pilot in command may be directed to take under subsection (1) or (2) includes, but is not limited to, the following:
 (a) taking particular actions, or ensuring that particular actions are taken, on or in relation to the aircraft;
 (b) taking particular actions, or ensuring that particular actions are taken, in relation to a person or thing on, or to be carried by, the aircraft;
 (c) holding the aircraft in a particular position or within a particular area until specified actions are taken or until a specified event occurs;
 (d) ensuring that the aircraft leaves a particular place or a particular area;
 (e) ensuring that the aircraft lands at a particular place or within a particular area;
 (f) ensuring that the aircraft lands outside a particular area.
 (6) The regulations may prescribe requirements for, or in relation to, the giving of incident control directions.