Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p33
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 33/133)
Character Range: 144388–147070

this subregulation if the person is an entry exempt person for the security restricted area.
 (3) The entry is covered by this subregulation if the entry is from:
 (a) a cleared area or a cleared zone; or
 (b) an area that can only be accessed from a cleared area, a cleared zone or the security restricted area.
 (4) The entry is covered by this subregulation if:
 (a) the person enters the security restricted area (the relevant area) from an airside area; and
 (b) while in the airside area, the person was moving reasonably directly from another part of the relevant area, or from another security restricted area, for the purpose of performing work in the relevant area.
 (5) For the purposes of subregulation (1), if:
 (a) a person enters the security restricted area at an access control point for the purpose of performing work; and
 (b) the person leaves the security restricted area for the purpose of performing work before re‑entering the security restricted area for the purpose of performing work; and
 (c) while the person is outside the security restricted area, the person is at all times doing one or more of the following:
 (i) performing work in the vicinity of the boundary of the security restricted area;
 (ii) performing work at a facility that is in, or in the vicinity of, the airside area;
 (iii) moving reasonably directly from such a facility to the security restricted area; and
 (d) the person is in a class of persons, set out in the TSP of a responsible aviation industry participant for the security restricted area in accordance with subregulation 2.18A(2) or 2.35A(1), who are permitted to re‑enter the security restricted area, other than through an access control point, after leaving the security restricted area to perform work; and
 (e) if subparagraph (c)(ii) or (iii) applies—the location of the facility is set out in that TSP, in accordance with that subregulation;
the person is taken to remain in the security restricted area while the person is outside the security restricted area as mentioned in paragraph (c).
Note: This means that the re‑entry is not treated as an entry for the purposes of subregulation (1).
 (6) To avoid doubt, nothing in this regulation is taken to affect any right of access or privilege granted by or under any other Commonwealth law.
Note: Section 131 of the Act preserves rights and privileges granted under other Acts. In addition, law enforcement officers have the 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