Commonwealth Consolidated Acts

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AVIATION TRANSPORT SECURITY ACT 2004 - SECT 41

Screening and clearing people

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

  (a)   in preparation for boarding an aircraft; or

  (b)   in order to enter or remain in 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.



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