a state aircraft; or

an aircraft that is leased to or chartered by, or is otherwise under the operational control of, the Australian Defence Force.

the Australian Defence Force; or

the Australian Federal Police; or

the Australian Protective Service; or

the police force of a State or Territory; or

an Agency of the Commonwealth prescribed in the regulations.

access to:

computer data; or

a computer program; or

modification of:

computer data; or

a computer program; or

the impairment of electronic communication to or from a computer; or

the impairment of the availability, reliability, security or operation of:

a computer; or

computer data; or

a computer program;

by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.

a person causes any access, modification or impairment of a kind mentioned in that subsection; and

the person does so:

under a warrant issued under a law of the Commonwealth, a State or a Territory; or

(ii) under an emergency authorisation given to the person under Part 3 of the Surveillance Devices Act 2004 or under a law of a State or Territory that makes provision to similar effect; or

(iii) under a tracking device authorisation given to the person under Surveillance Devices Act 2004; orsection 39 of the

in accordance with a technical assistance request; or

in compliance with a technical assistance notice; or

in compliance with a technical capability notice;

the person is entitled to cause that access, modification or impairment.

interference (whether direct or indirect) with the availability of the asset;

interference (whether direct or indirect) with the integrity of the asset;

interference (whether direct or indirect) with the reliability of the asset;

interference (whether direct or indirect) with the confidentiality of:

information about the asset; or

if information is stored in the asset—the information; or

if the asset is computer data—the computer data.

interference (whether direct or indirect) with the availability of the operation of the participant;

interference (whether direct or indirect) with the integrity of the operation of the participant;

interference (whether direct or indirect) with the reliability of the operation of the participant;

interference (whether direct or indirect) with the confidentiality of information relating to the operation of the participant.

taking control of an aircraft by force, or threat of force, or any other form of intimidation or by any trick or false pretence;

destroying an aircraft that is in service;

causing damage to an aircraft that is in service that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;

doing anything on board an aircraft that is in service that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;

placing, or causing to be placed, on board an aircraft that is in service anything that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;

putting the safety of aircraft at risk by interfering with, damaging or destroying air navigation facilities;

putting the safety of an aircraft at risk by communicating false or misleading information;

committing an act at an airport, or causing any interference or damage, that puts the safe operation of the airport, or the safety of any person at the airport, at risk.

a relevant impact on an aviation asset; or

a significant impact on the availability of an aviation asset.

committing, or attempting to commit, an act that results in a relevant interference with the operation of an aviation industry participant; or

committing, or attempting to commit, an act that results in a relevant interference with an aviation asset; or

the occurrence of a hazard that results in a relevant interference with the operation of an aviation industry participant; or

the occurrence of a hazard that results in a relevant interference with an aviation asset.

unlawful interference with aviation;

lawful advocacy, protest, dissent or industrial action.

a physical element of the offence exists (whether directly or indirectly) because the pilot in command of an aircraft engaged in conduct in the operation or control of the aircraft; and

without the existence of that physical element the person would not commit the offence; and

the pilot engaged in the conduct to protect the safety or security of:

the aircraft; or

the aircraft’s cargo; or

a person (whether on board the aircraft or not); or

another aircraft; or

an airport, or an airport facility or other installation within an airport; and

the conduct was reasonable in the circumstances.

Special security directions

a person is required to comply with a special security direction; and

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.

Control directions

a person is required to comply with a compliance control direction or an incident control direction; and

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.

an operator of a security controlled airport;

an operator of a prescribed air service;

a participant of a kind prescribed in the regulations.

the participant is required under section 12 to have a transport security program; and

the participant operates as a participant of that kind; and

there is not such a program in force for the participant.

there is a transport security program for the participant in force; and

the participant fails to comply with the program.

a transport security program for an aviation industry participant covers the activities of another aviation industry participant; and

the other participant has been given the relevant parts of the program;

the other aviation industry participant must take all reasonable steps to comply with the program.

is aware of the participant’s general responsibility to contribute to the maintenance of aviation security; and

has developed an integrated, responsible and proactive approach to managing aviation security; and

is aware of, and has the capacity to meet, the specific obligations imposed on the participant under this Act; and

has taken into account relevant features of the participant’s operation in developing activities and strategies for managing aviation security.

how the participant will manage and co-ordinate aviation security activities within the participant’s operation;

how the participant will co-ordinate the management of aviation security with other parties (including Commonwealth agencies) who have responsibilities for, or are connected with, aviation;

the technology, equipment and procedures to be used by the participant to maintain aviation security;

how the participant will respond to aviation security incidents;

the practices and procedures to be used by the participant to protect security compliance information;

the other aviation industry participants who are covered by, or operating under, the program;

the consultation that was undertaken, in preparing the program, by the participant with the other aviation industry participants who are covered by, or operating under, the program.

include a security assessment for:

the participant’s operation; or

if the participant has more than one program—the operations or locations covered by the program; and

set out the participant’s measures and procedures for addressing the outcomes of the security assessment included in the program; and

set out the participant’s measures and procedures for complying with the minimum requirements (if any) for the participant prescribed by the regulations for the purposes of subsection (2D).

take into account any documents required in writing by the Secretary to be taken into account; and

address any matters prescribed by the regulations for the purposes of this paragraph.

each security assessment;

each security assessment for a particular kind of aviation industry participant;

each security assessment for a particular class of a particular kind of aviation industry participant.

all aviation industry participants;

a particular kind of aviation industry participant;

a particular class of a particular kind of aviation industry participant.

each transport security program;

each transport security program for a particular kind of aviation industry participant;

each transport security program for a particular class of a particular kind of aviation industry participant.

relate to safeguarding against:

unlawful interference with aviation; or

operational interference with aviation; and

must be dealt with in one or more of the following:

each transport security program;

each transport security program for a particular kind of aviation industry participant;

each transport security program for a particular class of a particular kind of aviation industry participant.

in writing; and

prepared in accordance with any requirements set out in the regulations.

a map that shows the airside and landside areas, and any airside security zones and landside security zones, for the airport; and

if the operator proposes changes to the areas or zones for the airport—a map that shows the proposed changes.

approve the program; and

give the participant written notice of the approval.

refuse to approve the program; and

give the participant written notice of the refusal.

an aviation industry participant gives the Secretary a transport security program; and

the Secretary does not approve, or refuse to approve, the program within the consideration period;

the Secretary is taken to have refused to approve the program at the end of that period.

Secretary may request further information

starting on the day on which the notice was given; and

ending on:

the day on which the information requested in that notice was received by the Secretary; or

if the information was not given within the period specified in that notice—the last day of that period.

the time specified in the notice is earlier than the time at which the notice was given; or

no time is specified in the notice as the time when the program comes into force;

the program comes into force when the notice is given.

Period in which program remains in force

the program is replaced under subsection 22(4) or 23(4); or

the approval of the program is cancelled under this Division.

a transport security program for an aviation industry participant is in force; and

the Secretary is no longer satisfied that the program adequately addresses the relevant requirements under Division 4;

the Secretary may, by written notice given to the participant, direct the participant to vary the program.

set out the variation; and

specify the period within which the participant must give the Secretary the program as varied.

varied in accordance with the direction; and

within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the participant, approve the variation. The variation comes into force when the notice is given.

On 1 March 2011 a variation to the program comes into force.

The program (as now varied) will cease to be in force at the end of 31 December 2012 unless it is replaced or cancelled before then.

varied in accordance with the direction; and

within the specified period, or within any further period allowed by the Secretary;

the Secretary must, by written notice given to the participant, cancel the approval of the program.

(a) a transport security program for an aviation industry participant (the existing program) is in force; and

the Secretary is no longer satisfied that the program adequately addresses the relevant requirements under Division 4:

because there is a change in the circumstances that relate to aviation security; or

because there is a change in circumstances that could impact on aviation security; or

for some other reason;

the Secretary may, by written notice given to the participant, direct the participant to give the Secretary another transport security program (the revised program).

that it is appropriate to deal with all the proposed alterations under this section; and

that the program as proposed to be altered adequately addresses the relevant requirements under Division 4;

the Secretary must:

approve the alterations; and

give the participant written notice of the approval.

that it is appropriate to deal with all the proposed alterations under this section; or

that the program as proposed to be altered adequately addresses the relevant requirements under Division 4;

the Secretary must:

refuse to approve the alterations; and

give the participant written notice of the refusal.

the time specified in the notice is earlier than the time at which the notice was given; or

no time is specified in the notice as the time when the alterations come into force.

an aviation industry participant requests the Secretary to approve alterations of a transport security program; and

the Secretary does not approve, or refuse to approve, the alterations within the period of 60 days after the request was given;

the Secretary is taken to have refused to approve the alterations.

a transport security program for an aviation industry participant is in force; and

the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the approval of the program;

the Secretary may, by written notice given to the participant, cancel the approval of the program.

set out the minimum security requirements that the participant must comply with for the purposes of safeguarding against unlawful interference with aviation; and

deal with any other matter required to be dealt with in the program by regulations made for the purposes of subsection (2); and

be appropriate for the operations or locations covered by the program.

unlawful interference with aviation; or

operational interference with aviation.

each transport security program given under section 26B;

each transport security program for a particular kind of aviation industry participant given under section 26B;

each transport security program for a particular class of a particular kind of aviation industry participant given under section 26B.

procedures to manage and coordinate aviation security activities within the participant’s operation;

procedures to coordinate the management of aviation security with other parties (including Commonwealth agencies) who have responsibilities for, or are connected with, aviation;

technology, equipment and procedures that will be used by the participant to maintain aviation security;

a plan for how the participant will respond to aviation security incidents;

practices and procedures to protect security compliance information.

if the notice giving the program specifies a time at which the program ceases to be in force—that time;

if the program is replaced under section 26F—the time of replacement;

if the program is cancelled under section 26F, 26G or 26H—the time of cancellation.

(a) a transport security program given to an aviation industry participant under existing program) is in force; andsection 26B (the

the Secretary is no longer satisfied that the existing program is appropriate:

because there is a change in the circumstances that relate to aviation security; or

because there is a change in circumstances that could impact on aviation security; or

for some other reason.

(a) give the participant another transport security program under revised program); orsection 26B (a

by written notice to the participant, cancel the existing program.

a transport security program given to an aviation industry participant under section 26B is in force; and

the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the program;

the Secretary may, by written notice given to the participant, cancel the program.

refuse to cancel the program; and

give the participant written notice of the refusal.

include whichever of the following statements is applicable:

if the security assessment included in the program is up to date at the end of the anniversary day—a statement to that effect;

if the security assessment included in the program is not up to date at the end of the anniversary day—a statement to that effect; and

include whichever of the following statements is applicable:

if the measures and procedures set out in the program, as required by paragraphs 16(2A)(b) and (c), are up to date at the end of the anniversary day—a statement to that effect;

if the measures and procedures set out in the program, as required by paragraphs 16(2A)(b) and (c), are not up to date at the end of the anniversary day—a statement to that effect; and

include any other statement or information prescribed by the regulations for the purposes of this paragraph.

the security assessment included in the program is not up to date; or

the participant’s measures and procedures set out in the program, as required by paragraphs 16(2A)(b) and (c), are not up to date.

a transport security program for the participant is in force; and

the participant fails to give the Secretary a statement of compliance for the program in accordance with section 26AB.

for an airport operator or an aircraft operator—300 penalty units; and

for an aviation industry participant, other than an airport operator or an aircraft operator—100 penalty units.

include any area that is controlled exclusively by the Australian Defence Force within the boundaries of a security controlled airport; or

include a joint-user area within the boundaries of a security controlled airport without the agreement of the Secretary of the Defence Department.

when the Secretary gives the notice to the airport operator; or

if a time is specified in the notice—at that time.

The time specified must not be earlier than the time the notice is given.

controlling the movement of people, vehicles and goods within airside areas;

restricting access to airside security zones within airside areas;

providing cleared zones;

preventing interference with aircraft (including unattended aircraft);

ensuring the security of the following:

air traffic control facilities;

fuel storage areas;

general aviation areas;

cargo and baggage handling facilities;

navigational aids;

fire stations and other emergency service facilities;

critical facilities and critical structures.

when the Secretary gives the notice to the airport operator; or

if a time is specified in the notice—at that time.

The time specified must not be earlier than the time the notice is given.

Purpose of airside event zones

controls applying generally to the airside security zone; and

controls applying generally to the airside area.

Requirements applying in airside event zones

the requirements prescribed in relation to the airside area;

if the whole or a part of the zone is within an airside security zone—the requirements prescribed in relation to the airside security zone.

managing different types of events within airside areas;

controlling the movement of people, vehicles and goods within airside areas;

restricting access to airside event zones within airside areas;

providing cleared zones;

preventing interference with aircraft (including unattended aircraft);

ensuring the security of the following:

air traffic control facilities;

fuel storage areas;

general aviation areas;

cargo and baggage handling facilities;

navigational aids;

fire stations and other emergency service facilities;

critical facilities and critical structures.

when the Secretary gives the notice to the airport operator; or

at the time specified in the notice.

The time specified in the notice must not be earlier than the time the notice is given.

controlling the movement of people, vehicles and goods within landside areas;

restricting access to landside security zones within landside areas;

providing cleared zones;

preventing interference with aircraft (including unattended aircraft);

ensuring the security of the following:

air traffic control facilities;

fuel storage areas;

general aviation areas;

cargo and baggage handling facilities;

navigational aids;

fire stations and other emergency service facilities;

critical facilities and critical structures.

when the Secretary gives the notice to the airport operator; or

if a time is specified in the notice—at that time.

The time specified must not be earlier than the time the notice is given.

Purpose of landside event zones

controls applying generally to the landside security zone; and

controls applying generally to the landside area.

Requirements applying in landside event zones

the requirements prescribed in relation to the landside area;

if the whole or a part of the zone is within a landside security zone—the requirements prescribed in relation to the landside security zone.

managing different types of events within landside areas;

controlling the movement of people, vehicles and goods within landside areas;

restricting access to landside event zones within landside areas;

providing cleared zones;

preventing interference with aircraft (including unattended aircraft);

ensuring the security of the following:

air traffic control facilities;

fuel storage areas;

general aviation areas;

cargo and baggage handling facilities;

navigational aids;

fire stations and other emergency service facilities;

critical facilities and critical structures.

access to the airside area (including conditions of entry, the issue and use of security passes and other identification systems);

the patrolling of the airside area;

the provision of lighting, fencing and storage facilities;

the identification or marking of the airside area;

the approval of building works within, or adjacent to, the airside area;

the screening of people, vehicles or goods (other than cargo) for entry to, or that are in, the airside area;

requirements relating to the entry of cargo to the airside area;

the security checking (including background checking) of persons who have access to the airside area;

the movement, management or operation of aircraft, vehicles and other machinery in the airside area;

the maintenance of the integrity of the airside area;

access to aircraft (including unattended aircraft) from the airside area;

the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in the airside area;

the management (including the sale or disposal) of vehicles or goods abandoned in the airside area.

for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a) or (c)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

access to airside security zones (including conditions of entry, the issue and use of security passes and other identification systems);

the patrolling of airside security zones;

the provision of lighting, fencing and storage facilities;

the identification or marking of airside security zones;

the approval of building works within, or adjacent to, airside security zones;

the screening of people, vehicles or goods (other than cargo) for entry to, or that are in, airside security zones;

requirements relating to the entry of cargo to airside security zones;

the security checking (including background checking) of persons who have access to airside security zones;

the movement, management or operation of aircraft, vehicles and other machinery in airside security zones;

the maintenance of the integrity of airside security zones;

access to aircraft (including unattended aircraft) from airside security zones;

the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in airside security zones;

the management (including the sale or disposal) of vehicles or goods abandoned in airside security zones.

for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

access to airside event zones (including conditions of entry, the issue and use of security passes and other identification systems);

the patrolling of airside event zones;

the provision of lighting, fencing and storage facilities;

the identification or marking of airside event zones;

the approval of building works within, or adjacent to, airside event zones;

the screening of people, vehicles or goods (other than cargo) for entry to, or that are in, airside event zones;

requirements relating to the entry of cargo to airside event zones;

the security checking (including background checking) of persons who have access to airside event zones;

the movement, management or operation of aircraft, vehicles and other machinery in airside event zones;

the maintenance of the integrity of airside event zones;

access to aircraft (including unattended aircraft) from airside event zones;

the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in airside event zones;

the management (including the sale or disposal) of vehicles or goods abandoned in airside event zones.

for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

access to the landside area (including conditions of entry, the issue and use of security passes and other identification systems);

the patrolling of the landside area;

the provision of lighting, fencing and storage facilities;

the identification or marking of the landside area;

the approval of building works within, or adjacent to, the landside area;

the screening of people, vehicles or goods (other than cargo) for entry to the landside area;

requirements relating to the entry of cargo to the landside area;

the security checking (including background checking) of persons who have access to the landside area;

the movement, management or operation of aircraft, vehicles and other machinery in the landside area;

the maintenance of the integrity of the landside area;

access to aircraft (including unattended aircraft) from the landside area;

the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in the landside area;

the management (including the sale or disposal) of vehicles or goods abandoned in the landside area.

for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

access to landside security zones (including conditions of entry, the issue and use of security passes and other identification systems);

the patrolling of landside security zones;

the provision of lighting, fencing and storage facilities;

the identification or marking of landside security zones;

the approval of building works within, or adjacent to, landside security zones;

the screening of people, vehicles or goods (other than cargo) for entry to landside security zones;

requirements relating to the entry of cargo to landside security zones;

the security checking (including background checking) of persons who have access to landside security zones;

the movement, management or operation of aircraft, vehicles and other machinery in landside security zones;

the maintenance of the integrity of landside security zones;

access to aircraft (including unattended aircraft) from landside security zones;

the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in landside security zones;

the management (including the sale or disposal) of vehicles or goods abandoned in landside security zones.

for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

access to landside event zones (including conditions of entry, the issue and use of security passes and other identification systems);

the patrolling of landside event zones;

the provision of lighting, fencing and storage facilities;

the identification or marking of landside event zones;

the approval of building works within, or adjacent to, landside event zones;

the screening of people, vehicles or goods (other than cargo) for entry to landside event zones;

requirements relating to the entry of cargo to landside event zones;

the security checking (including background checking) of persons who have access to landside event zones;

the movement, management or operation of aircraft, vehicles and other machinery in landside event zones;

the maintenance of the integrity of landside event zones;

access to aircraft (including unattended aircraft) from landside event zones;

the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in landside event zones;

the management (including the sale or disposal) of vehicles or goods abandoned in landside event zones.

for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

access to areas and zones (including conditions of entry, the issue and use of security passes and other identification systems);

the security checking (including background checking) of persons who have access to areas and zones.

for an offence committed by an airport operator or an aircraft operator—250 penalty units; or

for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a) or (c)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

prescribe a fee by specifying the amount of the fee or a method of working out the fee;

specify that the amount of a fee is the cost incurred by the person in arranging and paying for another person to carry out the relevant activity;

make provision for the charging of fees:

by, or on behalf of, the Commonwealth; or

by any other person;

make provision for the recovery of fees;

prescribe one or more persons who are liable to pay a specified fee;

prescribe the time when a specified fee is due and payable.

that airport is located in a Commonwealth place or in a Territory; or

that operator is a corporation to which paragraph 51(xx) of the Constitution applies; or

those activities take place in the course of, or in relation to, trade or commerce:

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory or between 2 Territories.

The penalties prescribed by the regulations for the offences must not exceed 250 penalty units.

in preparation for boarding an aircraft; or

in order to enter or remain in an area or zone within a security controlled airport.

after being screened, the person is allowed, by a screening officer, to pass through the screening point; or

the person passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the person may pass through that screening point without being screened; or

the person enters a cleared area, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the person may enter the area, zone or aircraft that way.

the person has received clearance; and

since receiving clearance, the person has at all times been in a cleared area, a cleared zone or a cleared aircraft.

a notice under paragraph (2)(b) may provide that a class of persons may pass through a screening point without being screened; and

a notice under paragraph (2)(c) may provide that a class of persons may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.

a person is at a screening point; and

the person must receive clearance in order:

to board an aircraft; or

to enter or remain in an area or zone of a security controlled airport that is referred to in Division 2 of Part 3;

the person is taken, for all purposes, to consent to each screening procedure that may be conducted at the screening point in accordance with regulations made under section 44.

the procedure is a frisk search; or

the person refuses to undergo the procedure.

in preparation for being taken on board an aircraft; or

in order to be taken into or remain in an area or zone within a security controlled airport.

after being screened, the goods are allowed, by a screening officer, to pass through the screening point; or

the goods pass through the screening point and the regulations provide, or the Secretary by written notice provides, that the goods may pass through that screening point without being screened; or

the goods enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the goods may enter the area, zone or aircraft that way.

the goods have received clearance; and

since receiving clearance, the goods have at all times been in a cleared area, a cleared zone or a cleared aircraft.

a notice under paragraph (2)(b) may provide that a class of goods may pass through a screening point without being screened; and

a notice under paragraph (2)(c) may provide that a class of goods may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.

in preparation for being taken on board an aircraft; or

in order to enter or remain in an area or zone within a security controlled airport.

after being screened, the vehicle is allowed, by a screening officer, to pass through the screening point; or

the vehicle passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the vehicle may pass through that screening point without being screened; or

the vehicle enters a cleared area, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the vehicle may enter the area, zone or aircraft that way.

the vehicle has received clearance; and

since receiving clearance, the vehicle has at all times been in a cleared area, a cleared zone or a cleared aircraft.

a notice under paragraph (2)(b) may provide that a class of vehicles may pass through a screening point without being screened; and

a notice under paragraph (2)(c) may provide that a class of vehicles may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.

screening;

receiving clearance;

the circumstances in which persons, goods (other than cargo) or vehicles are required to be cleared.

the persons who are authorised or required to conduct screening;

requirements in relation to the form or issue of identity cards for screening officers;

the persons or things that must not pass through a screening point;

the things to be detected by screening;

the procedures for dealing with things detected by screening;

the circumstances in which persons must be cleared in order to:

board an aircraft; or

enter a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

the circumstances in which goods, other than baggage and cargo, must be cleared in order to be taken:

onto an aircraft; or

into a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

the circumstances in which baggage must be cleared in order to be taken:

onto an aircraft; or

into a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

the circumstances in which vehicles must be cleared in order to be taken;

onto an aircraft; or

into a landside security zone, a landside event zone, an airside area, an airside security zone or an airside event zone;

the places where screening is to be conducted;

the methods, techniques and equipment to be used for screening;

the notices that are to be displayed in places where screening is to be conducted;

the supervision and control measures for ensuring that persons, goods (other than cargo) and vehicles that have received clearance remain cleared in areas or zones that are not cleared areas or cleared zones;

metal detection equipment;

explosive trace detection equipment;

body scanning equipment such as an active millimetre wave body scanner.

body scanning equipment is to be used for the screening of a person; and

the equipment produces an image of the person;

the image must only be a generic body image that is gender-neutral and from which the person cannot be identified.

an image of the person that is produced by the equipment; or

(b) personal information (within the meaning of the Privacy Act 1988) about the person.

for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

after being examined, the cargo has been handled in accordance with regulations, made under section 44C, that deal with how cargo that has been examined is to be handled in order to receive clearance; or

the following subparagraphs are satisfied:

regulations made under the Secretary by written notice provides, that the cargo may receive clearance without being examined;section 44C provide, or

the cargo has been handled in accordance with regulations, made under section 44C, that deal with how cargo that has not been examined is to be handled in order to receive clearance.

the cargo has received clearance; and

since receiving clearance, the cargo has at all times been handled in accordance with regulations, made under section 44C, that deal with how cargo is to be handled after receiving clearance in order to maintain its status as cleared.

prescribe requirements in relation to one or more of the following:

examining cargo;

receiving clearance;

the circumstances in which cargo is required to be cleared; and

establish a scheme under which certain persons that carry on a business that includes handling, or making arrangements for transport, of cargo are approved as known consignors;

establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are designated as regulated air cargo agents; and

establish a scheme under which certain persons that carry on a business that includes the handling, or making arrangements for the transport, of cargo are accredited as accredited air cargo agents; and

prescribe conditions that must be complied with by:

all known consignors, all regulated agents or all aircraft operators; or

one or more specified classes of known consignors, regulated agents or aircraft operators; or

one or more specified known consignors, regulated agents or aircraft operators; and

prohibit a person from carrying on a business to the extent that it consists of:

handling cargo; or

making arrangements for the transport of cargo;

unless the person is a known consignor, a regulated agent or an aircraft operator; and

prescribe training, qualification or other requirements for employees of:

all known consignors, all regulated agents or all aircraft operators; or

one or more specified classes of known consignors, regulated agents or aircraft operators; or

one or more specified known consignors, regulated agents or aircraft operators.

the examination of cargo by:

all known consignors, all regulated agents or all aircraft operators; or

one or more specified classes of known consignors, regulated agents or aircraft operators; or

one or more specified known consignors, regulated agents or aircraft operators;

the procedures for dealing with cargo examined as mentioned in paragraph (a);

the places where examination is to be conducted;

the methods, techniques and equipment to be used for examination;

the things to be detected by examination;

the procedures for dealing with things detected by examination;

the circumstances in which cargo may receive clearance by:

all known consignors, all regulated agents or all aircraft operators; or

one or more specified classes of known consignors, regulated agents or aircraft operators; or

one or more specified known consignors, regulated agents or aircraft operators;

how cargo is to be handled (including methods, techniques or equipment to be used) in order to receive clearance;

how cargo is to be handled (including methods, techniques or equipment to be used) after receiving clearance in order to maintain its status as cleared;

the supervision and control measures for dealing with cargo that has received clearance;

the method for applying for approval as a known consignor and how such applications are dealt with;

the method for designating a person as a regulated air cargo agent;

the method of applying for accreditation as an accredited air cargo agent and how such applications are to be dealt with;

security programs for known consignors, regulated air cargo agents or accredited air cargo agents.

for an offence committed by an aircraft operator—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

the person is in an airside area, a landside security zone or a landside event zone; and

the person has a weapon in his or her possession; and

the person is not:

a law enforcement officer; or

a member of the Australian Defence Force who is on duty; or

authorised by the regulations, or permitted in writing by the Secretary, to have the weapon in his or her possession in the airside area, landside security zone or landside event zone.

the person is in an airside area, a landside security zone or a landside event zone; and

the person has a weapon in his or her possession; and

the person is not:

a law enforcement officer; or

a member of the Australian Defence Force who is on duty; or

authorised by the regulations, or permitted in writing by the Secretary, to have the weapon in his or her possession in the airside area, landside security zone or landside event zone.

the person passes through a screening point; and

the person has a weapon in his or her possession when he or she passes through the screening point; and

the person is not:

a law enforcement officer; or

authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the weapon in his or her possession.

the person passes through a screening point; and

the person has a weapon in his or her possession when he or she passes through the screening point; and

the person is not:

a law enforcement officer; or

authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the weapon in his or her possession.

the person is on board a prescribed aircraft; and

the person:

carries a weapon; or

otherwise has in his or her possession a weapon that is located at a place that is accessible to the person; and

the person is not a law enforcement officer; and

the carriage or possession of the weapon is not authorised by the regulations or permitted in writing by the Secretary; and

neither of the following apply:

the weapon is under the control of the pilot in command of the aircraft because the weapon forms part of the equipment of the aircraft in accordance with the operations manual for the aircraft;

the weapon is under the control of the pilot in command of the aircraft because an animal that could endanger the safety of the aircraft, or the safety of people on board the aircraft, is being carried on board the aircraft.

the person is on a prescribed aircraft or at a security controlled airport; and

the person is authorised or permitted to have a weapon in his or her possession or under his or her control; and

the person fails to comply with any conditions relating to the authorisation or permission.

authorising the carriage of weapons on board a prescribed aircraft or in an airside security zone, an airside event zone, a landside security zone or a landside event zone;

dealing with a person on a prescribed aircraft or at a security controlled airport who carries or uses a weapon, or is suspected of carrying or using a weapon, unlawfully;

dealing with a weapon surrendered by a person on a prescribed aircraft or at a security controlled airport.

for an offence committed by an airport operator or an aircraft operator—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

the person is in an airside security zone, an airside event zone, a landside security zone or a landside event zone; and

the airside security zone, airside event zone, landside security zone or landside event zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

the person has a prohibited item in his or her possession; and

the person is not:

a law enforcement officer, an airport security guard or an aviation security inspector; or

a member of the Australian Defence Force who is on duty; or

authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the airside security zone, airside event zone, landside security zone or landside event zone.

the person is in an airside security zone, an airside event zone, a landside security zone or a landside event zone; and

the airside security zone, airside event zone, landside security zone or landside event zone is of a kind prescribed in the regulations for the purposes of this paragraph; and

the person has a prohibited item in his or her possession; and

the person is not:

a law enforcement officer, an airport security guard or an aviation security inspector; or

a member of the Australian Defence Force who is on duty; or

authorised by the regulations, or permitted in writing by the Secretary, to have the prohibited item in his or her possession in the airside security zone, airside event zone, landside security zone or landside event zone.

the person passes through a screening point; and

the person has a prohibited item in his or her possession when he or she passes through the screening point; and

the person is not;

a law enforcement officer, an airport security guard or an aviation security inspector; or

authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the prohibited item in his or her possession.

the person passes through a screening point; and

the person has a prohibited item in his or her possession when he or she passes through the screening point; and

the person is not;

a law enforcement officer, an airport security guard or an aviation security inspector; or

authorised by the regulations, or permitted in writing by the Secretary, to pass through the screening point with the prohibited item in his or her possession.

the person is on board a prescribed aircraft; and

the person:

carries a prohibited item; or

otherwise has in his or her possession a prohibited item that is located at a place that is accessible to the person; and

the person is not a law enforcement officer, an airport security guard or an aviation security inspector; and

the carriage or possession of the prohibited item is not authorised by the regulations or permitted in writing by the Secretary; and

neither of the following apply:

the prohibited item is under the control of the pilot in command of the aircraft because the prohibited item forms part of the equipment of the aircraft in accordance with the operations manual for the aircraft;

the prohibited item is under the control of the pilot in command of the aircraft because an animal that could endanger the safety of the aircraft, or the safety of people on board the aircraft, is being carried on board the aircraft.

the person is on a prescribed aircraft or at a security controlled airport; and

the person is authorised or permitted to have a prohibited item in his or her possession or under his or her control; and

the person fails to comply with any conditions relating to the authorisation or permission.

authorising the carriage of prohibited items on a prescribed aircraft or in an airside security zone, an airside event zone, a landside security zone or a landside event zone;

dealing with a person on a prescribed aircraft or at a security controlled airport who carries or uses a prohibited item, or is suspected of carrying or using a prohibited item, unlawfully;

dealing with a prohibited item surrendered by a person on a prescribed aircraft or at a security controlled airport.

for an offence committed by an airport operator or an aircraft operator—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

the management and control of passengers (including persons in custody) on board an aircraft;

the security features on an aircraft;

pre-flight checks of aircraft cabins and other parts of an aircraft;

procedures to be used and measures to be taken in relation to baggage that is loaded, or is intended to be loaded, onto a prescribed aircraft;

unattended aircraft.

for an offence committed by an airport operator or an aircraft operator—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

the circumstances in which a person who is in custody may be on a prescribed aircraft or at a security controlled airport;

the security arrangements, including escort arrangements, that must be implemented in relation to persons in custody on a prescribed aircraft, or at a security controlled airport, and the persons who must implement those arrangements;

information about a person in custody that must be provided to the operator of the relevant prescribed aircraft or security controlled airport;

information about a person in custody who is to be on a prescribed aircraft that must be provided to the pilot in command of the aircraft;

the circumstances in which the operator of a prescribed aircraft, or the pilot in command of a prescribed aircraft, may refuse to allow a person in custody to be on the aircraft;

the circumstances in which the operator of a security controlled airport may refuse to allow a person in custody to be at the airport;

the number of persons in custody that may be on a prescribed aircraft, or at a security controlled airport, at any one time.

for an offence committed by an airport operator or an aircraft operator—250 penalty units; or

for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or

for an offence committed by an accredited air cargo agent or any other person—50 penalty units.

some or all of a class of persons to whom this Act applies;

cargo originating from a particular country;

cargo transiting through a particular country;

cargo packaged in a particular way;

cargo that meets, or is more or less than, a specified weight;

cargo that comes within a specified weight range.

the Minister has made an instrument under section 65B; and

the instrument applies to the person; and

the person fails to comply with the instrument.

a specific threat of unlawful interference with aviation is made or exists; or

a general threat of unlawful interference with aviation is made or exists; or

there is a change in the nature, or risk, of an existing general threat of unlawful interference with aviation; or

both of the following apply:

(i) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force;

the Secretary is satisfied that additional security measures are appropriate to support the national emergency declaration;

the Secretary may, in writing, direct that additional security measures be taken or complied with.

an APS employee in the Department;

a member of the staff of CASA;

a member of the staff of Airservices Australia;

an aviation industry participant or an employee of an aviation industry participant;

passengers;

persons, other than persons mentioned in paragraphs (a) to (e), who are within the boundaries of a security controlled airport.

the giving of the direction; and

the terms of the direction.

if:

there is no time specified; or

the specified time is before the time when the direction is given;

the direction comes into force 24 hours after it is given; or

if the specified time is later than the beginning of the seventh day after the direction is given, the direction comes into force at the start of that day.

in relation to a special security direction made under subsection 67(1):

the special security direction is revoked in writing by the Secretary; or

the special security direction ceases to have effect under subsection (6) of this section or subsection 71(2); or

(b) for a special security direction made under paragraph 67(1)(c)—the national emergency declaration ceases to have effect under the National Emergency Declaration Act 2020.

the Secretary revokes the direction; or

the direction ceases to have effect under subsection (6) of this section or subsection 71(2);

the Secretary must remove the displayed direction.

consults with the person to whom the direction has been given; and

gives the person written notice that the direction is to remain in force.

a special security direction is given to the person; and

the direction is in force; and

the person fails to comply with the direction; and

the failure is not a failure to comply with confidentiality requirements.

a special security direction is given to the person; and

the direction is in force; and

the person fails to comply with confidentiality requirements in the direction; and

the failure is not due to a disclosure made to a court or a tribunal, or to an authority or person that has the power to require the production of documents or the answering of questions.

is in Australian territory; and

is not in flight;

to take specified action in relation to the aircraft.

holding the aircraft in a particular position until specified actions are taken or until a specified event occurs;

taking particular actions, or ensuring that particular actions are taken, on or in relation to the aircraft;

taking particular actions, or ensuring that particular actions are taken, in relation to a person or thing on, or to be carried by, the aircraft;

allowing an aviation security inspector to inspect the aircraft.

a compliance control direction is given to the person; and

the person fails to comply with the direction.

is not an Australian aircraft; and

is in Australian territory;

to take specified action in relation to the aircraft.

taking particular actions, or ensuring that particular actions are taken, on or in relation to the aircraft;

taking particular actions, or ensuring that particular actions are taken, in relation to a person or thing on, or to be carried by, the aircraft;

holding the aircraft in a particular position or within a particular area until specified actions are taken or until a specified event occurs;

ensuring that the aircraft leaves a particular place or a particular area;

ensuring that the aircraft lands at a particular place or within a particular area;

ensuring that the aircraft lands outside a particular area.

an incident control direction is given to the person; and

the person fails to comply with the direction.

the person;

CASA.

if the person is an applicant for a security designated authorisation—refuse the application under this paragraph; or

if the person is the holder of a security designated authorisation—suspend or cancel the authorisation under this paragraph.

providing for matters to which the Secretary must have regard for the purposes of deciding whether or not to determine that a person has an adverse aviation security status; and

specifying circumstances in which the Secretary must determine that a person has an adverse aviation security status; and

specifying circumstances in which the Secretary may determine that a person has an adverse aviation security status; and

providing for matters relating to the carrying out of security status checking; and

(e) authorising the use or disclosure of information (including personal information within the meaning of the Privacy Act 1988) for the purposes of, or in relation to, security status checking; and

specifying procedures and other matters relating to the determination of applications for security designated authorisations, including, but not limited to, delaying the determination of such applications pending the outcome of security status checking; and

specifying procedures and other matters relating to the issue, suspension or cancellation by CASA of security designated authorisations or the refusal by CASA to issue security designated authorisations; and

providing that applicants for, or holders of, security designated authorisations may request security status checking to be undertaken; and

specifying the consequences of a failure to make a request of a kind mentioned in regulations under paragraph (h); and

providing for the collection of fees by CASA on behalf of the Commonwealth, being fees prescribed by the regulations for the purposes of this Division; and

conferring the function of determining under subsection 74G(1) that a person has an adverse security status upon CASA (in addition to, but not instead of, the Secretary); and

empowering the Director of CASA to delegate all or any of CASA’s functions and powers under this Division to a person holding, or performing the duties of, an office or position within CASA that is at a level equivalent to that of an SES employee; and

in relation to any other matter related to the operation of this Division.

references in the Secretary are to be taken to include references to CASA; andsection 74G and in this section to

paragraph 74G(2)(b) does not apply to a determination by CASA under subsection 74G(1); and

paragraph 126(1)(f) has effect as if the reference in subsection 126(1) to the Secretary included a reference to CASA.

at a security controlled airport; or

on board an aircraft that:

is at a security controlled airport; or

is a prescribed aircraft; or

in a vehicle that:

is on board an aircraft covered by paragraph (b); or

is at a security controlled airport.

determining whether a person is complying with this Act;

investigating a possible contravention of this Act;

identifying the existence, or extent, of:

a flaw in an aviation security system; or

a vulnerability in an aviation security system.

enter and inspect a security controlled airport; or

enter and inspect:

any area, building (other than a residence) or vehicle under the control of an aviation industry participant; or

if an aviation industry participant operates from a residence or a part of a residence—the residence or the part of the residence from which the participant operates; or

inspect equipment in a place or vehicle mentioned in paragraph (a) or (b); or

observe the operating procedures of an aviation industry participant; or

discuss those procedures with an employee of the aviation industry participant or with another aviation industry participant; or

inspect, photograph or copy a document or record made or kept by an aviation industry participant; or

operate equipment at a place mentioned in paragraph (a) or (b) for the purposes of gaining access to a document or record made or kept by an aviation industry participant; or

test a security system for a place or vehicle mentioned in paragraph (a) or (b) in accordance with the requirements prescribed by the regulations for the purposes of this paragraph, including by:

using an item, test weapon or vehicle to test its detection; and

operating, or connecting to, equipment (including electronic equipment) located in the place or vehicle or at any other place in Australia.

in the place or vehicle; or

at any other place in Australia.

When notice required for exercise of powers

if the power is exercised within the boundaries of a security controlled airport—at any time and without notice; or

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

otherwise—after giving the aviation industry participant concerned reasonable notice.

a power covered by subparagraph (2)(b)(i);

a power covered by paragraph (2)(c), to the extent that it relates to subparagraph (2)(b)(i);

a power covered by paragraph (2)(d) or (e);

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;

a power covered by paragraph (2)(g), to the extent that it relates to subparagraph (2)(b)(i);

a power covered by subparagraph (2)(h), to the extent that it relates to subparagraph (2)(b)(i).

Offence

the person engages in conduct; and

the conduct hinders or obstructs an aviation security inspector in the exercise of a power under this section (other than paragraph (2)(h)).

is in good faith; and

does not seriously endanger the health or safety of any person; and

does not result in significant loss of, or serious damage to, property.

determining whether a person is complying with this Act;

investigating a possible contravention of this Act;

identifying the existence, or extent, of:

a flaw in an aviation security system; or

a vulnerability in an aviation security system.

enter and inspect an aircraft operator’s aircraft at a security controlled airport; or

inspect equipment in the aircraft; or

observe operating procedures for the aircraft (whether carried out by the crew or some other person); or

discuss those procedures with a person carrying them out or with another aviation industry participant; or

inspect, photograph or copy a document or record held in the aircraft that relates to a passenger or an item of cargo; or

test a security system for the aircraft in accordance with the requirements prescribed by the regulations for the purposes of this paragraph, including by:

using an item, test weapon or vehicle to test its detection; and

operating, or connecting to, equipment (including electronic equipment) located in the aircraft or at any other place in Australia.

must not be exercised unless regulations prescribing requirements for conducting tests of security systems have been made for the purposes of that paragraph and are in force; and

must not be exercised while passengers are on board, boarding or disembarking from the aircraft.

in the aircraft; or

at any other place in Australia.

Notice requirement

the person engages in conduct; and

the conduct hinders or obstructs an aviation security inspector in the exercise of a power under this section (other than paragraph (2)(f)).

is in good faith; and

does not seriously endanger the health or safety of any person; and

does not result in significant loss of, or serious damage to, property.

identify himself or herself as a law enforcement officer to the person; and

tell the person why the person has been stopped; and

if the person is to be searched—tell the person why the person is to be searched.

the person engages in conduct; and

the conduct hinders or obstructs a law enforcement officer in the exercise of a power under subsection (1).

require the driver of a vehicle to stop the vehicle;

search the vehicle.

identify himself or herself as a law enforcement officer to the driver of the vehicle; and

tell the driver why the vehicle has been stopped; and

if the vehicle is to be searched—tell the driver why the vehicle is to be searched.

identify himself or herself as a law enforcement officer to the driver or person; and

tell the driver or person why the vehicle is to be searched.

the person engages in conduct; and

the conduct hinders or obstructs a law enforcement officer in the exercise of a power under subsection (1).

the aircraft; or

the area or zone; or

the airport.

a request has been made to the person under subsection (1); and

the person fails to comply with the request.

a request to leave an aircraft, an airport or an area or zone has been made to a person under section 86; and

the person fails to comply with the request;

a law enforcement officer may remove the person from the aircraft, the airport or the area or zone.

a vehicle in or near an area or zone of a security controlled airport presents a risk to aviation security; or

a vehicle is in an area or zone of a security controlled airport without proper authorisation;

the law enforcement officer may remove the vehicle.

must not use more force, or subject a person to greater indignity, than is necessary and reasonable to remove the vehicle from the area or zone; and

must make reasonable efforts to avoid damaging the vehicle.

(a) is an officer of Customs Customs Act 1901; andwithin the meaning of subsection 4(1) of the

is on duty at a security controlled airport; and

satisfies the training and qualification requirements prescribed by the regulations for the purposes of this paragraph.

requirements in relation to the form, issue and use of identity cards;

requirements in relation to uniforms.

identify himself or herself as an eligible customs officer to the person; and

tell the person why the person has been stopped; and

if the person is to be searched—tell the person why the person is to be searched.

the person engages in conduct; and

the conduct hinders or obstructs an eligible customs officer in the exercise of a power under subsection (1).

require the driver of a vehicle to stop the vehicle;

search the vehicle.

identify himself or herself as an eligible customs officer to the driver of the vehicle; and

tell the driver why the vehicle has been stopped; and

if the vehicle is to be searched—tell the driver why the vehicle is to be searched.

identify himself or herself as an eligible customs officer to the driver or person; and

tell the driver or person why the vehicle is to be searched.

the person engages in conduct; and

the conduct hinders or obstructs an eligible customs officer in the exercise of a power under subsection (1).

the aircraft; or

the area or zone; or

the airport.

a request has been made to the person under subsection (1); and

the person fails to comply with the request.

a vehicle in or near an area or zone of a security controlled airport presents a risk to aviation security; or

a vehicle is in an area or zone of a security controlled airport without proper authorisation;

the officer may remove the vehicle.

must not use more force, or subject a person to greater indignity, than is necessary and reasonable to remove the vehicle from the area or zone; and

must make reasonable efforts to avoid damaging the vehicle.