Aviation Transport Security Act 2004

If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to undergo a frisk search.

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.

For strict liability, see section 6.1 of the Criminal Code.

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 undergo a frisk search in a private room; and

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

A frisk search 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.