Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p35
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 35/133)
Character Range: 149386–152256

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 another method set out in the responsible aviation industry participant's security program—be performed in accordance with that other method.

Entry of vehicles
 (4) 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 vehicle does not enter the security restricted area through the access control point unless:
 (a) the aviation industry participant has performed checks to confirm the entry is in accordance with procedures set out in:
 (i) if the aviation industry participant is an airport operator, an aircraft operator or a RACA—the participant's security program; or
 (ii) otherwise—the TSP of a responsible aviation industry participant for the area; or
 (b) the aviation industry participant, having performed reasonable checks in accordance with subregulation (5), reasonably believes that the vehicle is an exempt vehicle.

Where checks are to be performed
 (5) For the purposes of subregulations (1) and (4), the checks must be performed at:
 (a) the access control point; or
 (b) a place in the vicinity of the access control point (whether outside or inside the security restricted area), but only if:
 (i) the place is identified in a security program mentioned in whichever of subparagraph (4)(a)(i) or (ii) applies in relation to the aviation industry participant as a place where the checks may be performed; and
 (ii) persons and vehicles are prevented from passing through the access control point without also passing through the place.

Offence
 (6) A person commits an offence if:
 (a) the person is an aviation industry participant; and
 (b) the person controls an access control point into a security restricted area at a designated airport; and
 (c) the persons fails to comply with a requirement in subregulation (1) or (4).
Penalty:
 (a) if the person is an airport operator or an aircraft operator—200 penalty units; or
 (b) if the person is an aviation industry participant other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
 (c) if the person is an accredited air cargo agent—50 penalty units.

3.16E  Responsibility for screening for security restricted areas at designated airports
 (1) A responsible aviation industry participant (the responsible participant) that controls a security restricted area at a designated airport, or a part of such an area:
 (a) must be able to undertake screening of any person who enters the area, or the part of the area, through an access control point; and
 (b)