Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p7
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 7/105)
Character Range: 411073–413922

The measures taken:
 (a) must be reasonably effective to prevent the aircraft being flown by an unauthorised person; and
 (b) must be discernible from outside the aircraft; and
 (c) must not compromise the aircraft's safety.
 (5) If subregulation (2) or (4) is contravened, the registered operator (within the meaning given by the Civil Aviation Safety Regulations 1998) of the aircraft concerned is guilty of an offence.
Penalty: 50 penalty units.

Division 4.5—Movement of persons in custody

Subdivision 4.5.1—Movement of persons in custody—preliminary

4.73  Definitions
  In this Division:
approved form means a form approved under regulation 4.90.
custodial agency, for a person in custody, means:
 (a) for a person in custody to whom Subdivision 4.5.2 applies—the Immigration Department; or
 (b) for a person in custody to whom Subdivision 4.5.3 applies—the enforcement agency for the person within the meaning of regulation 4.83(1).
dangerous:
 (a) for a person in custody to whom Subdivision 4.5.2 applies—has the meaning given by subregulation 4.75(1); and
 (b) for a person in custody to whom Subdivision 4.5.3 applies—has the meaning given by subregulation 4.83(2).
non‑standard movement, in relation to a flight of a prescribed aircraft, has the meaning given by regulation 4.88.
supervised departure, in relation to a person, means the unescorted departure from Australia of the person, where:
 (a) the person is not an Australian citizen; and
 (b) the person is cooperating in the departure process; and
 (c) until he or she departs from Australia, the person is:
 (i) in immigration detention; and
 (ii) under the supervision of an officer under the Migration Act.

Subdivision 4.5.2—Movement of persons in custody under the Migration Act

4.74  Application of this Subdivision
 (1) This Subdivision applies in relation to the travel, on a prescribed aircraft, of persons in custody under the Migration Act.
 (2) This Subdivision does not apply to or in relation to:
 (a) a person who is in custody because that person has been taken into custody (otherwise than under the Migration Act) at a security controlled airport, or on a prescribed aircraft; or
 (b) the departure of a person who has been refused entry at an airport and leaves Australia within 72 hours; or
 (c) the departure from Australia of a person who holds a bridging visa (within the meaning of the Migration Act), and whose departure is monitored by the Immigration Department.

4.75  Meaning of dangerous for this Subdivision
 (1) In this Subdivision, a person in custody is dangerous if:
 (a) the Immigration Department has assessed him or her as being:
 (i) likely to attempt to commit an unlawful interference with aviation; or
 (ii) likely to attempt to escape; or
 (b) the Immigration Department is aware that:
 (i) the person has been charged with an offence