Document ID: chunk:federal_register_of_legislation:F2023L00962:body:0:p1
Version: federal_register_of_legislation:F2023L00962
Segment Type: other
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Character Range: 0–3063

LIN 23/039
Aviation Transport Security (Screening Officer Requirements) Determination 2023
I, Gareth Baker, delegate of the Secretary of the Department of Home Affairs, make this instrument under section 94A of the Aviation Transport Security Act 2004 (the Act).

Dated 3 July 2023

Gareth Baker
Acting Assistant Secretary
Infrastructure Capability Branch
Cyber and Infrastructure Security Centre
Department of Home Affairs

1 Name
        This instrument is the Aviation Transport Security (Screening Officer Requirements) Determination 2023.

2 Commencement
        This instrument commences the day after it is registered.

     3 Revocation
        Aviation Transport Security (Screening Officer Requirements) Determination (No. 2) 2022 (LIN 22/112) is revoked.

4 Definitions
    In this instrument:

Act means the Aviation Transport Security Act 2004.

independent screening decision means a decision:

(a) made by a screening officer when exercising a specified power or a screening function; and
(b) related to whether or not to allow a person, personal effects, carry-on baggage, checked baggage, goods or a vehicle to pass through a screening point without prompting or guidance from a supervising screening officer.
       Regulations means the Aviation Transport Security Regulations 2005.

Note 1 Some terms used in this notice are defined in the Act, including baggage, checked baggage, screening authority, screening function and screening officer.
Note 2 Some terms used in this notice are defined in the Regulations, including ASIC and properly displaying.

5 Application
        This instrument determines requirements under section 94A of the Act for screening officers.
Note  The Secretary may exempt a class of screening officers from one or more of the requirements in this determination if the Secretary is satisfied an exceptional circumstance exists—see Act, section 94B.

6 Qualifications
       (1) A screening officer must hold either of the following qualifications:
(a) a Certificate II in Transport Security Protection; or
(b) a qualification that the Secretary is satisfied will enable the holder to carry out the duties of a screening officer under the Act.
       (2) Subsection (3) applies to a person who:
(a) before 16 January 2022—was engaged or employed as a screening officer by:
 (i)  a screening authority; or
 (ii) a port facility operator or a ship operator for a regulated Australian ship under the Maritime Transport and Offshore Facilities Security Act 2003; and
            (b)   does not hold a Certificate II in Transport Security Protection; and
       (c) after 15 June 2020—did not cease to be engaged or employed as a screening officer by a screening authority, port facility operator or a ship operator for a regulated Australian ship for a continuous period of more than 24 months.
       (3) The person must hold any of the following qualifications:
(a) a Certificate II in Security Operations;
(b) a qualification that the Secretary is satisfied is equivalent to a Certificate II in Security