Federal Register of Legislation - Australian Government

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SLI 2012 No. 257 Regulations as made
This regulation amends the Aviation Transport Security Regulations 2005 to support changes to the Aviation Transport Security Act 2004 by establishing a no-opt out provision in relation to body scanner screening and require screening authorities to display signage outlining the implications of the new consent provision.
Administered by: Infrastructure and Transport
Registered 26 Nov 2012
Tabling HistoryDate
Tabled HR27-Nov-2012
Tabled Senate28-Nov-2012
Date of repeal 28 Nov 2012
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

Commonwealth Coat of Arms

Aviation Transport Security Amendment Regulation 2012 (No. 5)1

Select Legislative Instrument 2012 No. 257

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Aviation Transport Security Act 2004.

Dated 22 November 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE


1              Name of regulation

                This regulation is the Aviation Transport Security Amendment Regulation 2012 (No. 5).

2              Commencement

                This regulation commences on 27 November 2012.

3              Amendment of Aviation Transport Security Regulations 2005

                Schedule 1 amends the Aviation Transport Security Regulations 2005.


Schedule 1        Amendments

(section 3)

 

[1]           After regulation 4.03

insert

4.03A      Persons passing screening point that uses body scanning equipment

         (1)   This regulation is made for paragraph 44 (2) (aa) of the Act.

         (2)   This regulation applies if:

                (a)    a person who is required, under the Act or these Regulations, to be screened by body scanning equipment is at a screening point; and

               (b)    the person refuses to be screened by body scanning equipment at the screening point.

         (3)   A screening officer must not knowingly allow the person to pass through the screening point, within 24 hours after the person refuses to be scanned by body scanning equipment, unless the person is screened by body scanning equipment.

[2]           Regulation 4.17, heading

substitute

4.17        Secretary’s notice for screening

[3]           Subregulation 4.17 (1)

substitute

         (1)   The Secretary may, by written notice, specify the following:

                (a)    methods, techniques and equipment to be used for screening;

               (b)    the persons who, or things that, must not pass through a screening point.

[4]           Subregulation 4.17 (5)

substitute

         (5)   If a person is served with a notice under subregulation (1) that is binding on the person, the person must ensure that:

                (a)    a person or thing specified in a notice made under paragraph (1) (a) is screened, in a circumstance specified in the notice, by using the following:

                          (i)    the methods specified in the notice for the person, thing or circumstance;

                         (ii)    the techniques specified in the notice for the person, thing or circumstance;

                        (iii)    the equipment specified in the notice for the person, thing or circumstance; and

               (b)    a person or thing specified in a notice made under paragraph (1) (b) does not pass through a screening point.

Penalty:   100 penalty units.

         (6)   A contravention of subregulation (4) or (5) is an offence of strict liability.

[5]           After regulation 4.18

insert

4.18A      Notices to be displayed at operating screening point

         (1)   The screening authority responsible for operating a screening point must clearly display a notice, that is at least 0.4 m wide and 0.3 m high, in the following form at each place where screening is carried out:

 

Commonwealth of Australia

WARNING!

Screening point in operation

A person at this screening point is taken, by law, to have consented to undergo a screening procedure (except a frisk search), unless the person refuses to undergo the screening procedure. A person who refuses to undergo a screening procedure will not be allowed through the screening point.

(Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

         (2)   If the screening authority fails to do so, the screening authority commits an offence.

Penalty:   50 penalty units.

[6]           Paragraph 4.41E (e)

omit


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.