Screening and clearing goods (other than cargo)
42 Screening and clearing goods (other than cargo)
Goods are screened when the goods undergo screening in accordance with regulations made under section 44:
in preparation for being taken on board an aircraft; or
in order to be taken into or remain in an area or zone within a security controlled airport.
Goods receive clearance if:
after being screened, the goods are allowed, by a screening officer, to pass through the screening point; or
the goods pass through the screening point and the regulations provide, or the Secretary by written notice provides, that the goods may pass through that screening point without being screened; or
the goods enter 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 goods may enter the area, zone or aircraft that way.
Goods are cleared at a particular time if:
the goods have received clearance; and
since receiving clearance, the goods have at all times been in a cleared area, a cleared zone or a cleared aircraft.
For the purposes of paragraph (3)(b), goods are taken to be in a cleared area or cleared zone if the goods are under the supervision or control prescribed in the regulations.
To avoid doubt:
a notice under paragraph (2)(b) may provide that a class of goods may pass through a screening point without being screened; and
a notice under paragraph (2)(c) may provide that a class of goods may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.
In this section:
goods includes baggage but does not include cargo.
Division 2A deals with the examination and clearance of cargo.
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
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.