COMMONWEALTH AVIATION TRANSPORT SECURITY ACT 2004
6 October 2023 2023-10-06 6:32COMMONWEALTH AVIATION TRANSPORT SECURITY ACT 2004
AN ACT to provide for aviation transport security, and for related purposes.
Preamble:
The Parliament of the Commonwealth of Australia enacts the following:
PART 3 – Aviation Security Identification Cards (ASIC)
Section 41A – Consent to Screening Procedures
(1) If:
(a) a person is at a screening point; and
(b) the person must receive clearance in order:
(i) to board an aircraft; or
(ii) to enter or remain in an area or zone of a security-controlled airport that is referred to in Division 2 of Part 3;the person is taken, for all purposes, to consent to each screening procedure that may be conducted at the screening point in accordance with regulations made under section 44.
(2) Subsection (1) does not apply to a screening procedure if:
(a) the procedure is a frisk search; or
(b) the person refuses to undergo the procedure.
Division 5 – Screening Officers
Section 93 – Simplified Overview of Division
A screening officer may request a person to remove items of clothing or undergo a frisk search for screening purposes—but may not require this. However, if a person refuses to comply with such a request and the screening officer is unable to screen the person properly, the screening officer must refuse to allow the person to pass the screening point.
To protect the integrity of cleared areas and zones, screening officers are provided with similar restraint and detention powers to those of airport security guards.
Section 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).
This Commonwealth Aviation Transport Security Act 2004 is enacted for the purpose of ensuring aviation transport security within the Commonwealth of Australia and establishes the requirements for Aviation Security Identification Cards (ASIC) and screening procedures at security-controlled airports. This Act also defines the powers and responsibilities of screening officers in maintaining aviation security.
Please note that this is a simplified representation of the Commonwealth Aviation Transport Security Act 2004 and should not be considered an official legal document. For the complete and accurate text of the Act, please refer to the official government sources or consult with legal professionals.