Commonwealth Numbered Acts Commonwealth Numbered Acts
Aviation Transport Security Act 2004
1 After paragraph 44(2)(a)
Insert:
(aa) things that must not pass through a screening point;
2 Subsection 44(3)
After "paragraph (2)(a)", insert ", (2)(aa)".
3 Paragraph 95B(3)(a)
After "frisk search", insert "under this section".
4 Paragraph 95B(3)(b)
After "of a person", insert "under this section".
5 After section 95B
Insert:
95C Screening powers--frisk search general power
(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.
[ Minister's second reading speech made in--
House of Representatives on 14 February 2007
Senate on 1 March 2007 ]
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(22/07) |