Commonwealth Consolidated Acts

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AVIATION TRANSPORT SECURITY ACT 2004 - SECT 42

Screening and clearing goods (other than cargo)

  (1)   Goods are screened when the goods undergo screening in accordance with regulations made under section   44:

  (a)   in preparation for being taken on board an aircraft; or

  (b)   in order to be taken into or remain in an area or zone within a security controlled airport.

  (2)   Goods receive clearance if:

  (a)   after being screened, the goods are allowed, by a screening officer, to pass through the screening point; or

  (b)   the goods pass through the screening point and the regulations provide, or the Secretary by written notice provides, that the goods may pass through that screening point without being screened; or

  (c)   the goods enter 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 goods may enter the area, zone or aircraft that way.

  (3)   Goods are cleared at a particular time if:

  (a)   the goods have received clearance; and

  (b)   since receiving clearance, the goods have at all times been in a cleared area, a cleared zone or a cleared aircraft.

  (4)   For the purposes of paragraph   (3)(b), goods are taken to be in a cleared area or cleared zone if the goods are 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 goods may pass through a screening point without being screened; and

  (b)   a notice under paragraph   (2)(c) may provide that a class of goods may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.

  (6)   In this section:

"goods" includes baggage but does not include cargo.

Note:   Division   2A deals with the examination and clearance of cargo.



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