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Civil Aviation Act 2023

Aviation security - Aviation security services and aviation security powers - Provision of aviation security services

138: Functions and duties of AvSec

You could also call this:

"AvSec's jobs are to keep people safe at airports and on flights"

Illustration for Civil Aviation Act 2023

AvSec has many jobs to do. You will see AvSec carrying out searches of crew, passengers, and baggage on international flights. They also follow directions from the Minister or the Director under section 152 or 154. AvSec does security patrols at airports and navigation installations.

AvSec reviews and stays informed about security techniques to protect civil aviation. They do research and work with other organisations to improve aviation security. AvSec co-operates with the Police, government departments, and airport operators to carry out its jobs.

AvSec provides security support to the New Zealand Police when requested, but only if the Police need it and it won't compromise aviation security. AvSec also helps government agencies when requested by the Minister, as long as it doesn't affect their main jobs. AvSec does other jobs and duties given to it under this Act or other laws.

If another authorised provider is already doing AvSec's jobs at an airport, AvSec doesn't have to do them. AvSec's jobs don't limit what the Police can do under this Act or other laws, and they also don't limit the generality of section 135, and AvSec must follow section 136 when working with other providers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49664.

Topics:
Transport and travel > Air travel
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137: Minister may specify only AvSec to provide security at aerodrome or installation, or

"Minister can choose AvSec as the only security provider at some airports or places."

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139: Requirements for AvSec to comply with prescribed requirements for provision of aviation security services, or

"AvSec must follow safety rules at airports"

Part 5Aviation security
Aviation security services and aviation security powers: Provision of aviation security services

138Functions and duties of AvSec

  1. AvSec has the following functions and duties:

  2. to carry out—
    1. crew, passenger, and baggage searching for all international aircraft passenger services:
      1. the directions of the Minister or the Director under section 152 or 154:
        1. aerodrome security patrols and patrols of security designated navigation installations:
        2. to review, inquire into, and keep itself informed on security techniques, systems, devices, practices, and procedures related to the protection of civil aviation and persons employed in or using it:
          1. to undertake, or encourage or supervise, any experimental or research work in respect of any aspect of aviation security that the Director specifies:
            1. for the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, government departments, airport operators, operators, authorities administering the airport security services of other countries, and any appropriate international organisation:
              1. to provide security support services to the New Zealand Police when requested by the Commissioner of Police, but only if—
                1. the Commissioner of Police is satisfied that the provision of those services is necessary to enable the New Zealand Police to carry out its security duties; and
                  1. the Minister and the CAA agree that the provision of those services will not compromise aviation security:
                  2. to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the CAA agree that the performance of the functions and duties of AvSec will not be compromised:
                    1. to carry out or exercise any other functions, powers, or duties that are conferred or imposed on it under this Act or any other legislation.

                      1. AvSec is not required to perform the functions and duties in subsection (1) at an aerodrome or navigation installation to the extent that an authorised aviation security service provider is performing those functions and duties at that aerodrome or navigation installation under an aviation document in accordance with section 136.

                      2. Nothing in subsection (1) limits the powers, functions, duties, or responsibilities of the Police under this Act or any other legislation, or the generality of section 135.

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