Aviation Transport Security Amendment (Screening) Act 2012

Overview

The Aviation Transport Security Amendment (Screening) Act 2012 was enacted by the Parliament of Australia to amend the Aviation Transport Security Act 2004. This legislation was introduced to address gaps in the screening procedures for aviation security. By enhancing the screening process, the Act aims to improve the security measures in place at Australian airports, ensuring that potential threats are identified and mitigated effectively. The policy objective is to provide a safer and more secure aviation environment for passengers, crew, and airport personnel by implementing more stringent screening protocols. The Act received Royal Assent on 8 September 2012 and most provisions commenced on 27 November 2012. Key amendments include the introduction of a presumption of consent for screening procedures at screening points, with exceptions for frisk searches and cases where individuals refuse to undergo screening. The Act also specifies the types of screening equipment that can be used, including metal detection equipment, explosive trace detection equipment, and body scanning equipment, provided that the images produced are gender-neutral and cannot identify the individual. Additionally, the Act ensures that any personal information or images produced by the screening equipment are not stored or transmitted.

Scope and Application

The Aviation Transport Security Amendment (Screening) Act 2012 serves as an amendment to the Aviation Transport Security Act 2004, focusing specifically on the screening procedures applicable to individuals at Australian airports. This Act applies to any person who is at a screening point within a security controlled airport and must receive clearance to either board an aircraft or enter a designated area of the airport. The Act is intended to establish a legal framework for the conduct of screening procedures, including the use of various types of equipment such as metal detection, explosive trace detection, and body scanning equipment. Notably, the Act mandates that any images produced by body scanning equipment must be generic and gender-neutral, ensuring privacy and anonymity. The Act also clarifies that individuals implicitly consent to these screening procedures unless they explicitly refuse, or in the case of frisk searches. The provisions of this Act apply on a national level across Australia, given the federal nature of aviation security. The Act, which received Royal Assent on 8 September 2012, came into effect on the same date for most provisions, with others commencing on 27 November 2012. It amends the existing Aviation Transport Security Act 2004 by adding new sections and modifying existing ones to incorporate the updated screening protocols. The geographic reach of this legislation is nationwide, affecting all airports subject to the security regulations outlined in the amended Act. The Act does not explicitly state any exclusions or exemptions, although it does specify conditions under which the consent to screening does not apply. The application of the Act may be further extended or restricted through subordinate instruments or regulations made under the authority of the amended Act.

Key Provisions

The Aviation Transport Security Amendment (Screening) Act 2012 makes several significant changes to the Aviation Transport Security Act 2004. Firstly, it introduces a new section 41A (Schedule 1, clause 1), which provides that if a person is at a screening point and must receive clearance to board an aircraft or enter a security-controlled area of an airport, they are deemed to consent to each screening procedure that may be conducted at that point, in accordance with regulations under section 44. This consent does not apply to frisk searches or if the person refuses to undergo the screening procedure. The Act also amends the definition of screening in section 44 by replacing the word "things" with "persons or things" in paragraph 44(2)(aa) (Schedule 1, clause 2). This ensures that screening procedures apply to both individuals and objects. Furthermore, the Act introduces new subsections 44(3A) to 44(3C) (Schedule 1, clause 3), which specify the types of equipment that may be used for screening, including metal detection equipment, explosive trace detection equipment, and body scanning equipment such as active millimetre wave body scanners. It mandates that if body scanning equipment is used, the resulting image must be a generic, gender-neutral body image from which the individual cannot be identified, and that the equipment must not store or transmit any images of the person or personal information about them. Under the new provisions, the Act imposes several obligations on the parties involved. Primarily, it obligates individuals at screening points to consent to screening procedures unless they refuse or if the procedure is a frisk search. It also imposes a responsibility on screening authorities to ensure that body scanning equipment used produces gender-neutral images and does not store or transmit personal information. The Act further requires that regulations under section 44 detail the permissible screening procedures and conditions under which they may be conducted. Breaching the provisions of this Act can lead to various offences and penalties. For example, failing to comply with screening procedures when required could be considered an offence under the broader Aviation Transport Security Act 2004, which might result in criminal penalties. While the Amendment Act itself does not specify maximum penalties, the underlying Act provides for fines and imprisonment, with the severity depending on the nature and circumstances of the offence. Additionally, any misuse of personal information or inappropriate handling of images produced by screening equipment could also lead to civil or criminal consequences under other relevant Australian laws, such as the Privacy Act 1988.