Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 95B

  (1)   If:

  (a)   a person undergoes a screening procedure; and

  (b)   the results of that procedure indicate that additional screening procedures are necessary in order to screen the person properly;

a 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).

Penalty:   50 penalty units.

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

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4) (see subsection   13.3(3) of the Criminal Code ).

  (5)   Subsection   (3) is an offence of strict liability.

  (6)   If:

  (a)   a screening officer requests a person to undergo a frisk search 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 undergo a frisk search 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.