Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p34
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 34/133)
Character Range: 146832–149646

right, under section 83 of the Act, to have access to any part of an airport for the purpose of carrying out their duties.

3.16C  Responsibility for ensuring security restricted areas at designated airports can only be entered by certain persons and vehicles
  A responsible aviation industry participant for a security restricted area at a designated airport must ensure that the security restricted area can be entered only by:
 (a) a person who is authorised to do so; or
 (b) an entry exempt person; or
 (c) a vehicle driven by a person mentioned in paragraph (a) or (b); or
 (d) an exempt vehicle.
Penalty: 200 penalty units.

3.16D  Responsibility for controlling entry to security restricted areas at designated airports through access control points

Entry of persons
 (1) If an aviation industry participant controls an access control point into a security restricted area at a designated airport, the aviation industry participant must ensure that a person does not enter the security restricted area through the access control point unless:
 (a) the aviation industry participant has performed checks in accordance with subregulations (3) and (5) to confirm the matters mentioned in subregulation (2); or
 (b) the aviation industry participant, having performed reasonable checks in accordance with subregulation (5), reasonably believes that the person is an entry exempt person.
Note: An aviation industry participant may control an access control point under a lease or other arrangement, even if the participant does not have a security program.
 (2) For the purposes of paragraph (1)(a), the aviation industry participant must confirm the following matters:
 (a) the person's identity;
 (b) that the person is authorised to enter the security restricted area;
 (c) if the person is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area—that the person:
 (i) holds a valid red ASIC; or
 (ii) holds a valid VIC, a valid TAC or a valid grey ASIC and is supervised by someone who is authorised to enter the security restricted area and holds a valid red ASIC.
 (3) For the purposes of paragraph (1)(a):
 (a) if the aviation industry participant is an airport operator, an aircraft operator or a RACA—the checks must be performed in accordance with the methods and procedures set out in the participant's security program; and
 (b) otherwise—the checks must either:
 (i) include an employee of the participant inspecting a valid red ASIC, grey ASIC, VIC or TAC that is held by the person (if the person is required by Subdivision 3.2.1 to properly display an ASIC in the security restricted area); or
 (ii) if the participant agrees in writing with a responsible aviation industry participant for the security restricted area to perform the checks in accordance with