Aviation Transport Security Act 2004

If:

a person undergoes a screening procedure; and

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

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.

A screening officer must not:

require a person to undergo a frisk search under this section; or

conduct a frisk search of a person under this section without the person’s consent; or

contravene subsection (2).

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

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

Subsection (3) is an offence of strict liability.

If:

a screening officer requests a person to undergo a frisk search under subsection (1); and

the person refuses to comply with the request; and

the person refuses:

to be screened in a private room; or

to undergo a frisk search during that screening; and

the refusals mean that it is not possible to screen the person properly;

A screening of a person in a private room as mentioned in paragraph (6)(c) must, if practicable, be conducted by a screening officer of the same gender as the person.