Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 95

  (1)   If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to remove any item of the person's clothing.

  (2)   The screening officer must not:

  (a)   require the person to remove any clothing; or

  (b)   remove or cause the removal of any of the person's clothing.

Penalty:   50 penalty units.

  (3)   Subsection   (2) does not apply if the officer has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

  (4)   Subsection   (2) is an offence of strict liability.

  (5)   If:

  (a)   a screening officer requests a person to remove an item of clothing under subsection   (1); and

  (b)   the person refuses to comply with the request; and

  (c)   the person refuses:

  (i)   to be screened in a private room by a screening officer of the same sex as the person; or

  (ii)   to remove the item of clothing during that screening; 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.