AVIATION TRANSPORT SECURITY ACT 2004 - SECT 95C Screening powers--frisk search general power

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 95C

  (1)   If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to undergo a frisk search.

  (2)   If a screening officer conducts a frisk search following a request under subsection   ( 1), the screening officer may conduct the search only to the extent necessary to complete the proper screening of the person.

  (3)   A screening officer must not:

  (a)   require a person to undergo a frisk search under this section; or

  (b)   conduct a frisk search of a person under this section without the person's consent; or

  (c)   contravene subsection   ( 2).

Penalty:   50 penalty units.

  (4)   Subsection   ( 3) does not apply if the officer has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 4) (see subsection   13.3(3) of the Criminal Code ).

  (5)   Subsection   ( 3) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (6)   If:

  (a)   a screening officer requests a person to undergo a frisk search under subsection   ( 1); and

  (b)   the person refuses to comply with the request; and

  (c)   the person refuses to undergo a frisk search in a private room by a screening officer of the same sex as the person; and

  (d)   the refusals mean that it is not possible to screen the person properly;

the screening officer must refuse to allow the person to pass through the screening point.