Document ID: chunk:federal_register_of_legislation:C2024C00432:section:79:p2
Version: federal_register_of_legislation:C2024C00432
Segment Type: section
Provision Reference: s 79 (pt 2/3)
Character Range: 148269–150976

controlled airport—at any time and without notice; or
 (aa) if the power is exercised outside the boundaries of a security controlled airport but is one to which subsection (3A) applies—at any time and without notice; or
 (b) otherwise—after giving the aviation industry participant concerned reasonable notice.
 (3A) This subsection applies to the following powers:
 (a) a power covered by subparagraph (2)(b)(i);
 (b) a power covered by paragraph (2)(c), to the extent that it relates to subparagraph (2)(b)(i);
 (c) a power covered by paragraph (2)(d) or (e);
 (d) a power covered by paragraph (2)(f), to the extent that the document or record is found in the exercise of a power covered by paragraph (a), (b) or (e) of this subsection;
 (e) a power covered by paragraph (2)(g), to the extent that it relates to subparagraph (2)(b)(i);
 (f) a power covered by subparagraph (2)(h)(ii).

Offence
 (5) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct hinders or obstructs an aviation security inspector in the exercise of a power under this section (other than paragraph (2)(h)).
Penalty: 50 penalty units.
 (6) Subsection (5) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Note 2: The offence of obstructing a Commonwealth public official may also apply (see section 149.1 of the Criminal Code).
 (7) Subsection (5) is an offence of strict liability.

Restrictions on exercise of power and immunity
 (8) In exercising a power under this section, an aviation security inspector must not subject a person to greater indignity than is necessary and reasonable for the exercise of the power.
 (9) An aviation security inspector is not subject to any civil or criminal liability under the law of the Commonwealth, a State or a Territory in relation to the exercise of a power under paragraph (2)(h) to the extent that the exercise of the power:
 (a) is in good faith; and
 (b) does not seriously endanger the health or safety of any person; and
 (c) does not result in significant loss of, or serious damage to, property.
Note: A defendant bears an evidential burden in relation to the matter in this subsection for a criminal proceeding (see subsection 13.3(3) of the Criminal Code).
 (10) A person who wishes to rely on subsection (9) in relation to a civil proceeding bears an evidential burden in relation to that matter.
 (11) In this section:
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.