Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p132
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 132/133)
Character Range: 391902–394567

aircraft if:
 (a) the weapon is a tool of trade; and
 (b) the person keeps control of the weapon at all times.
 (4) For paragraph (3)(b), the person ceases to have control of the weapon if he or she gives possession of it to, or allows it to be accessible to, a person for whom it is not a tool of trade.
 (5) For paragraph (3)(a) and subregulation (4), something is a tool of trade if:
 (a) the person whose possession it is in requires it for the purpose for which he or she is in a prescribed aircraft; and
 (b) the purpose is lawful.

Test weapons
 (6) An aviation security inspector is authorised to possess a test weapon on board a prescribed aircraft if the inspector:
 (a) is on duty; and
 (b) requires the weapon in relation to an exercise of a power by the inspector under paragraph 79(2)(h) or 80(2)(f) of the Act to test a security system.

4.59A  Persons authorised to use firearms on prescribed aircraft
 (1) For subsection 52(1) of the Act, an air security officer is authorised to use a firearm on board a prescribed aircraft if the use of the firearm is necessary to safeguard against unlawful interference with aviation.
 (2) This regulation has extra‑territorial application under subsection 134(1) of the Act in relation to prescribed aircraft that are:
 (a) Australian aircraft; or
 (b) aircraft (other than Australian aircraft) engaged in Australian international carriage;
while the aircraft are outside Australian territory.

Division 4.3—Prohibited items

4.60  Prescription of sterile area
  The sterile area of a security controlled airport is prescribed for the purposes of paragraphs 54(1)(aa) and (3)(aa) of the Act.

4.61  Aviation industry participants authorised to have prohibited items in possession in sterile areas
 (1) An aviation industry participant is authorised to have a prohibited item in its possession in the sterile area if:
 (a) the item is a tool of trade; and
 (b) the aviation industry participant takes reasonable precautions to ensure that the item remains under its control.
 (2) For paragraph (1)(a), something is a tool of trade if the relevant aviation industry participant requires it for a lawful purpose.

4.62  Persons authorised to have prohibited items that are tools of trade in possession in sterile areas
 (1) A person (other than a person who is an aviation industry participant) described in an item of the following table is authorised to have a prohibited item in his or her possession in the sterile area if:
 (a) any limitations specified in the item are met; and
 (b) the item is a tool of trade in relation to the person; and
 (c) the person keeps control of the item at all times.

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