Document ID: chunk:federal_register_of_legislation:C2024C00432:section:41
Version: federal_register_of_legislation:C2024C00432
Segment Type: section
Provision Reference: s 41
Character Range: 86735–88361

41  Screening and clearing people
 (1) A person is screened when the person undergoes screening in accordance with regulations made under section 44:
 (a) in preparation for boarding an aircraft; or
 (b) in order to enter or remain in an area or zone within a security controlled airport.
 (2) A person receives clearance if:
 (a) after being screened, the person is allowed, by a screening officer, to pass through the screening point; or
 (b) the person passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the person may pass through that screening point without being screened; or
 (c) the person enters a cleared area, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the person may enter the area, zone or aircraft that way.
 (3) A person is cleared at a particular time if:
 (a) the person has received clearance; and
 (b) since receiving clearance, the person has at all times been in a cleared area, a cleared zone or a cleared aircraft.
 (4) For the purposes of paragraph (3)(b), a person is taken to be in a cleared area or cleared zone if the person is under the supervision or control prescribed in the regulations.
 (5) To avoid doubt:
 (a) a notice under paragraph (2)(b) may provide that a class of persons may pass through a screening point without being screened; and
 (b) a notice under paragraph (2)(c) may provide that a class of persons may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.