Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 41

             (1)  A person is screened when the person undergoes screening in accordance with regulations made under section 44 in preparation for:

                     (a)  boarding an aircraft; or

                     (b)  entering an area or zone within a security controlled airport.

             (2)  A person receives clearance if:

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

                     (b)  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

                     (c)  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.

             (3)  A person is cleared at a particular time if:

                     (a)  the person has received clearance; and

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

             (4)  For the purposes of paragraph (3)(b), a person is taken to be in a cleared area or cleared zone if the person is under the supervision or control prescribed in the regulations.

             (5)  To avoid doubt:

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

                     (b)  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.