Screening and clearing people
41 Screening and clearing people
A person is screened when the person undergoes screening in accordance with regulations made under section 44:
in preparation for boarding an aircraft; or
in order to enter or remain in an area or zone within a security controlled airport.
A person receives clearance if:
after being screened, the person is allowed, by a screening officer, to pass through the screening point; or
the person passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the person may pass through that screening point without being screened; or
the person enters 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 person may enter the area, zone or aircraft that way.
A person is cleared at a particular time if:
the person has received clearance; and
since receiving clearance, the person has at all times been in a cleared area, a cleared zone or a cleared aircraft.
For the purposes of paragraph (3)(b), a person is taken to be in a cleared area or cleared zone if the person is under the supervision or control prescribed in the regulations.
To avoid doubt:
a notice under paragraph (2)(b) may provide that a class of persons may pass through a screening point without being screened; and
a notice under paragraph (2)(c) may provide that a class of persons may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.
This provision refers to the regulations (the regulations
, prescribed in the regulations
). Made under this Act:
- Aviation Transport Security Regulations 2005 · under s 133(1)
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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