The ‘legal eagles’ have considered all that. That’s why the Bill (soon to be an Act) has the effects, among other effects, of:
- Repealing section 9(5) of the Civil Aviation Act;
- Permitting CASA to make, and to take in to consideration, decisions as to whether someone has “an adverse security status”;
- Deeming someone to have “an adverse security status” if their status cannot be ascertained (because, for example, the person refuses to provide information);
- Making clear that CASA is able to prescribe fees which CASA can collect in relation to services, applications or requests, or the doing of anything, by CASA under the Aviation Transport Security Act.
The Explanatory Memorandum for the Bill is here:
http://parlinfoweb.aph.gov.au/piweb/...1850&TABLE=EMS