Federal Register of Legislation - Australian Government

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Act No. 116 of 2012 as made
An Act to amend the Aviation Transport Security Act 2004, and for related purposes
Administered by: Home Affairs
Originating Bill: Aviation Transport Security Amendment (Screening) Bill 2012
Registered 11 Sep 2012
Date of Assent 08 Sep 2012
Table of contents.

 

 

 

 

 

 

Aviation Transport Security Amendment (Screening) Act 2012

 

No. 116, 2012

 

 

 

 

 

An Act to amend the Aviation Transport Security Act 2004, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Aviation Transport Security Act 2004                                                                     3

 


 

 

Aviation Transport Security Amendment (Screening) Act 2012

No. 116, 2012

 

 

 

An Act to amend the Aviation Transport Security Act 2004, and for related purposes

[Assented to 8 September 2012]

 

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Aviation Transport Security Amendment (Screening) Act 2012.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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.

8 September 2012

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.

27 November 2012

(see F2012L02246)

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Aviation Transport Security Act 2004

1  After section 41

Insert:

41A  Consent to screening procedures

             (1)  If:

                     (a)  a person is at a screening point; and

                     (b)  the person must receive clearance in order:

                              (i)  to board an aircraft; or

                             (ii)  to enter an area or zone of a security controlled airport that is referred to in Division 2 of Part 3;

the person is taken, for all purposes, to consent to each screening procedure that may be conducted at the screening point in accordance with regulations made under section 44.

             (2)  Subsection (1) does not apply to a screening procedure if:

                     (a)  the procedure is a frisk search; or

                     (b)  the person refuses to undergo the procedure.

2  Paragraph 44(2)(aa)

Omit “things”, substitute “the persons or things”.

3  After subsection 44(3)

Insert:

          (3A)  Without limiting paragraph (2)(j), the equipment to be used for screening may include the following:

                     (a)  metal detection equipment;

                     (b)  explosive trace detection equipment;

                     (c)  body scanning equipment such as an active millimetre wave body scanner.

          (3B)  If:

                     (a)  body scanning equipment is to be used for the screening of a person; and

                     (b)  the equipment produces an image of the person;

the image must only be a generic body image that is gender‑neutral and from which the person cannot be identified.

          (3C)  If body scanning equipment is to be used for the screening of a person, the equipment must not store or transmit:

                     (a)  an image of the person that is produced by the equipment; or

                     (b)  personal information (within the meaning of the Privacy Act 1988) about the person.

4  Section 95A

Repeal the section.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 16 February 2012

Senate on 18 June 2012]

 

(162/11)