Aviation Transport Security Amendment (Additional Screening Measures) Act 2007

Overview

The Aviation Transport Security Amendment (Additional Screening Measures) Act 2007, enacted by the Parliament of Australia, was introduced to address gaps in the security screening measures within the aviation transport sector. This Act amends the existing Aviation Transport Security Act 2004, aiming to enhance the security protocols by introducing additional screening measures, particularly focusing on frisk searches. The policy objective behind this amendment is to ensure that the screening processes are thorough and effective, thereby safeguarding the aviation transport system against potential threats. The Act came into effect on 29 March 2007, with further amendments taking effect on 31 March 2007, as specified in the commencement provisions.

Scope and Application

The Aviation Transport Security Amendment (Additional Screening Measures) Act 2007 amends the Aviation Transport Security Act 2004 by introducing additional screening measures related to aviation security. This Act applies to screening officers who are responsible for conducting screenings at Australian airports and on aircraft, as well as to individuals who are subject to these screenings. The Act operates within the jurisdictional reach of the Commonwealth, impacting aviation security across the country. The Act’s provisions commence on the date of Royal Assent, which is 29 March 2007, with specific amendments coming into effect on 31 March 2007. The Act specifies certain exclusions and conditions, such as the requirement for consent and the limitation on conducting frisk searches without reasonable cause, and includes penalties for non-compliance. The scope of the Act can be further extended or modified through subordinate instruments, allowing for the introduction of additional regulations or guidelines to ensure effective implementation of the amended screening measures.

Key Provisions

The Aviation Transport Security Amendment (Additional Screening Measures) Act 2007 amends the Aviation Transport Security Act 2004 by introducing new provisions concerning the screening of passengers and items in the aviation sector. The primary operative sections of this Act (sections 1 to 3) commenced on 29 March 2007, the day the Act received Royal Assent, while the Schedule, which details the specific amendments to the 2004 Act, commenced on 31 March 2007. Section 1 of the Schedule inserts a new provision (paragraph 44(2)(aa)) specifying that items that must not pass through a screening point are included within the scope of what must be screened. Section 4 of the Schedule amends subsection 44(3) to include this new provision, thereby expanding the scope of what can be subject to screening. Section 3 of the Schedule modifies paragraphs 95B(3)(a) and 95B(3)(b) to clarify that frisk searches under section 95B must be conducted under the specific conditions outlined in that section. Following these amendments, a new section 95C is inserted to establish a general power for screening officers to request a frisk search if they deem it necessary for proper screening. This section mandates that such searches are to be conducted only to the extent necessary and that officers must not require a person to undergo a search, conduct a search without consent, or contravene the specified conditions without a reasonable excuse. The Act imposes several obligations on screening officers and passengers alike. Screening officers must refrain from requiring a frisk search or conducting one without the person’s consent and must adhere strictly to the conditions outlined in section 95C(3). These conditions include not requiring a frisk search, not conducting one without consent, and not contravening the extent of the search as necessary for proper screening. Conversely, passengers are expected to comply with requests for frisk searches, especially if refusals prevent proper screening. If a passenger refuses to comply with such requests, including a request for a search in a private room by a screening officer of the same sex, and this refusal impedes proper screening, the screening officer is mandated to refuse the passenger passage through the screening point. The Act delineates specific offences and penalties for breaches of its provisions. Subsection 95C(3) outlines that failure to comply with the stipulated conditions for frisk searches constitutes an offence. The maximum penalty for contravening these conditions is 50 penalty units, as stipulated in the penalty note accompanying section 95C(3). It is noteworthy that subsection 95C(3) is an offence of strict liability, meaning that the prosecution does not need to prove the officer's state of mind. Additionally, a defendant bears an evidential burden in relation to the reasonable excuse provision under subsection 95C(4). The Act does not specify any civil or broader criminal consequences beyond these penalties, focusing primarily on the strict enforcement of screening protocols and officer conduct during frisk searches.