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This is a Bill, not an Act. For current law, see the Acts databases.
AVIATION TRANSPORT SECURITY AMENDMENT (SCREENING) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aviation Transport Security Amendment
(Screening) Bill 2012
No. , 2012
(Infrastructure and Transport)
A Bill for an Act to amend the Aviation Transport
Security Act 2004, and for related purposes
i Aviation Transport Security Amendment (Screening) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Aviation Transport Security Act 2004
3
Aviation Transport Security Amendment (Screening) Bill 2012 No. , 2012 1
A Bill for an Act to amend the Aviation Transport
1
Security Act 2004, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Aviation Transport Security
5
Amendment (Screening) Act 2012.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Aviation Transport Security Amendment (Screening) Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Aviation Transport Security Amendment (Screening) Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
2
Aviation Transport Security Act 2004
3
1 After section 41
4
Insert:
5
41A Consent to screening procedures
6
(1)
If:
7
(a) a person is at a screening point; and
8
(b) the person must receive clearance in order:
9
(i) to board an aircraft; or
10
(ii) to enter an area or zone of a security controlled airport
11
that is referred to in Division 2 of Part 3;
12
the person is taken, for all purposes, to consent to each screening
13
procedure that may be conducted at the screening point in
14
accordance with regulations made under section 44.
15
(2) Subsection (1) does not apply to a screening procedure if:
16
(a) the procedure is a frisk search; or
17
(b) the person refuses to undergo the procedure.
18
2 Paragraph 44(2)(aa)
19
Omit "things", substitute "the persons or things".
20
3 After subsection 44(3)
21
Insert:
22
(3A) Without limiting paragraph (2)(j), the equipment to be used for
23
screening may include the following:
24
(a) metal detection equipment;
25
(b) explosive trace detection equipment;
26
(c) body scanning equipment such as an active millimetre wave
27
body scanner.
28
(3B)
If:
29
(a) body scanning equipment is to be used for the screening of a
30
person; and
31
Schedule 1 Amendments
4 Aviation Transport Security Amendment (Screening) Bill 2012 No. , 2012
(b) the equipment produces an image of the person;
1
the image must only be a generic body image that is gender-neutral
2
and from which the person cannot be identified.
3
4 Section 95A
4
Repeal the section.
5