Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3uq:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3UQ (pt 1/2)
Character Range: 166625–169249

3UQ  Move‑on directions at airports

When may a direction be given?
 (1) A constable or a protective service officer may give a person a direction under this section if:
 (a) the direction is given at a major airport; and
 (b) one or more of the following applies:
 (i) the constable or officer considers on reasonable grounds that the person has contravened a direction given at that airport under section 3UP (identity information at airports) or section 3US (stop and directions powers at airports), and the constable or officer is not reasonably satisfied of the person's identity;
 (ii) the constable or officer suspects on reasonable grounds that it is necessary to give the direction to prevent or disrupt relevant criminal activity occurring at any major airport, or in relation to a flight to or from any major airport;
 (iii) the constable or officer considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport.
 (2) Relevant criminal activity is criminal activity involving the commission of an offence that is punishable by imprisonment for 12 months or more, against either of the following:
 (a) a law of the Commonwealth or a Territory;
 (b) a law of a State having a federal aspect.

What type of direction may be given?
 (3) The constable or officer may give a written direction to the person requiring the person to do either or both of the following:
 (a) not to take a specified flight, or any flight, to or from that airport, or any specified major airport, for a specified period of no more than 24 hours after the direction is given;
 (b) to leave the airport as soon as practicable, and not enter that airport, or any other specified major airport, for a specified period of no more than 24 hours after the direction is given.
 (4) However, a direction covering a period of more than 12 hours must be given, or authorised (orally or in writing), by a senior police officer.
Note: In addition, if, before a direction (the later direction) is given to a person, a direction had already been given to the same person within a period of 7 days before the later direction is given, the later direction must be given or authorised by a senior police officer even if the period covered by the later direction is 12 hours or less (see subsection (9)).
 (5) If a senior police officer orally authorises a direction under subsection (4), the senior police officer must record the authorisation in writing as soon as practicable afterwards.
 (6) A senior police officer is a constable:
 (a) having the rank