Aviation Transport Security (Prohibited Items) Instrument 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L00979

Aviation Transport Security (Prohibited Items) Instrument 20121
Aviation Transport Security Act 2004
I, Anthony Albanese, Minister for Infrastructure and Transport, make the following instrument under section 9A of the Aviation Transport Security Act 2004.
Dated 23 April 2012
 
Anthony Albanese
Minister for Infrastructure and Transport
1              Name of instrument
                This instrument is the Aviation Transport Security (Prohibited Items) Instrument 2012.
2              Commencement
                This instrument commences on the day after it is registered.
3              Definitions
                In this instrument:
Act means the Aviation Transport Security Act 2004.
Regulations means the Aviation Transport Security Regulations 2005.
4              Prohibited items
         (1)   An item mentioned in the following table is specified for the purposes of paragraph (b) of the definition of prohibited item in section 9 of the Act.
Item
Description

1
Sporting goods, kitchen utensils, tools, and other items with sharp edges or points capable of injuring a person
Examples
Axes, hatchets and similar items
Box cutters
Crampons
Darts
Drills
Ice axes and ice picks
Ice skates
Knives, including leatherworking knives
Meat cleavers
Metal cutlery
Open razors (also called straight razors)
Rock climbing equipment such as pitons, hooks, hammers and bolts
Saws
Scalpels
Screwdrivers, crowbars, hammers, pliers and wrenches
Ski poles
Utility knives
Note   Some items of this kind are excluded under subsections 6 (1), (2) and (6).

2
Sharp items that are not weapons but are capable (with or without modification) of causing harm by penetration
Examples
Letter‑openers
Bodkins
Pointed metal scissors, manicure scissors and scissors with blades more than 6 cm long
Razor blades
Hypodermic needles (whether or not attached to syringes)
Note   Some items of this kind are excluded under subsections 6 (1), (2) and (6).

3
Blunt items (other than walking sticks, crutches, or other mobility aids, or dressing sticks designed to assist a person to dress or undress) that are able to be used to bludgeon or threaten to bludgeon a person
Examples
Baseball, softball, and cricket bats and any similar item used in sport
Hockey and lacrosse sticks and any similar item used in sport
Billiard, pool or snooker cues
Golf clubs
Any other piece of wood, metal or any other substance big enough to threaten a person with
Note   Some items of this kind are excluded under subsection 6 (6).

4
Household flammable goods
Examples
Aerosol containers, including cans of spray paint
Petrol and any other flammable liquid
Fireworks
Toy caps
Note   Some items of this kind are excluded under subsections 6 (3) and (6).

5
Items capable of being used to restrain a person that are not authorised under a provision of the Act, the regulations or this instrument
Examples
Cable ties
Handcuffs
Note   Some items of this kind are excluded under subsections 6 (5) and (6).

6
A knife or knife-like item (whether or not made of metal) strong enough to be used as a weapon
Note   Some items of this kind are excluded under subsections 6 (1), (2) and (6).

         (2)   An item that is a replica or imitation of an item in the table is also specified.
Note 1   Examples of items that are set out in the table are not exhaustive: see section 15AD of the Acts Interpretation Act 1901.
Note 2   An item that is a prohibited item under this instrument and a weapon under regulation 1.09 of the regulations is a weapon for the purposes of the regulations: see subregulation 1.09 (5).
5              Application of other laws
                To avoid doubt, nothing in this instrument implies that an item not mentioned in the table in section 4 is permitted to be carried by air if its carriage would be prohibited by another law.
Note   See in particular section 23 of the Civil Aviation Act 1988 and Part 92 of the Civil Aviation Safety Regulations 1998 in relation to the carriage of dangerous goods.
6              Items that are not prohibited items
Household and personal items
         (1)   The following items are not prohibited items:
                (a)    a plastic cutlery knife;
               (b)    a fork with square-ended or round-ended tines and a handle that is round-ended and non-detachable;
                (c)    blunt-ended or round-ended scissors with blades less than 6 cm long;
               (d)    a safety razor;
                (e)    a hypodermic needle carried by a person who shows proof that it is medically necessary for the person’s use or the use of another person under the person’s care.
Metal cutlery knife
         (2)   A metal cutlery knife is not a prohibited item if the knife is round-ended with no sharp points and:
                (a)    it is in the possession of a person on an aircraft for use on that aircraft; or
               (b)    it is in the possession of a person in a landside security zone for use in that zone; or
                    (c)    it is in the possession of a person in an airside security zone and either:
                          (i)    is to be used in the course of, or for the purposes of, carrying on a business requiring the use of cutlery in a landside security zone; or
                         (ii)    is for use by persons on an aircraft; or
               (d)    it is in a person’s possession when the person passes through a screening point and either:
                          (i)    is to be used in the course of, or for the purposes of, carrying on a business requiring the use of cutlery in a landside security zone; or
                         (ii)    is for use by persons on an aircraft in accordance with an arrangement with the aircraft operator for the supply of cutlery.
Flammable goods
         (3)   The following items are not prohibited items if they do not exceed the limits mentioned in subsection (4):
                (a)    alcohol (including alcoholic beverages);
               (b)    perfume;
                (c)    matches and lighters;
               (d)    lighter fluid;
                (e)    an aerosol container for personal (including cosmetic) use or a medical application (such as an asthma inhaler).
Note   The carriage of some of these items may be regulated as dangerous goods: see section 23 of the Civil Aviation Act 1988 and Part 92 of the Civil Aviation Safety Regulations 1998.
         (4)   The limits for the items mentioned in subsection (3) are as follows:
                (a)    the total volume of all liquid items must not exceed 5 litres;
               (b)    the volume of liquid items, other than alcohol or perfume, must not exceed 2 litres;
                (c)    the total mass of all non-liquid items must not be greater than 2 kilograms.
Handcuffs
         (5)   Handcuffs and similar restraining devices are not prohibited items if:
                (a)    carried by a person who is escorting a person in custody; or
               (b)    carried on an aircraft with the authority of the aircraft’s operator for the purpose of restraining a violent person.
Aircraft stores etc
         (6)   An item that is part of an aircraft’s stores or emergency equipment, or of an airline operator’s or airport operator’s emergency equipment, is not a prohibited item if it is not readily accessible to passengers or the public.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.
 
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