Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p77
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 77/133)
Character Range: 254680–257487

(1) For the purposes of paragraph 44(2)(aa) of the Act, a person commits an offence if:
 (a) the person passes through a LAGs screening point; and
 (b) the person is not an exempt person; and
 (c) the person has inorganic powder in the person's possession; and
 (d) the inorganic powder is not in one or more containers that have a total combined volume of 350ml or less; and
 (e) the inorganic powder is not an authorised powder.
Penalty: 20 penalty units.
 (2) Subregulation (1) is an offence of strict liability.

4.22QD  Offence—entering LAGs cleared area other than through screening point with impermissible powder
 (1) For the purposes of subparagraph 44(2)(d)(ii) of the Act, a person commits an offence if:
 (a) the person enters a LAGs cleared area other than through a screening point; and
 (aa) the person is not an exempt person; and
 (b) when entering the LAGs cleared area, the person has in the person's possession an inorganic powder; and
 (c) the inorganic powder is an impermissible powder within the meaning of subregulation 4.11(4A).
Penalty: 20 penalty units.
 (2) Subregulation (1) is an offence of strict liability.

4.22QE  Things to be detected by screening—inorganic powder
 (1) For the purposes of paragraph 44(2)(b) of the Act, inorganic powders are things that are to be detected at a LAGs screening point.
Note: Regulations 4.04 and 4.22I set out other things that are to be detected by screening under these Regulations.
 (2) To avoid doubt, subregulation (1) does not require a screening authority to detect inorganic powder if it is not technically possible to do so.
Note 1: Regulation 4.08 sets out when a person must be cleared before boarding an aircraft.
Note 2: Regulation 4.15 deals with when a person's carry‑on baggage must be cleared.

4.22QF  Offence—dealing with inorganic powder surrendered during screening
 (1) For the purposes of paragraph 44(2)(c) of the Act, a screening authority must put in place procedures for the handling and destruction of inorganic powder surrendered as a result of screening.
 (2) A screening authority commits an offence if:
 (a) the screening authority puts in place procedures for the handling and destruction of inorganic powder surrendered as a result of screening; and
 (b) the procedures are not in accordance with any applicable law in the place where screening occurs.
Penalty: 50 penalty units.
 (3) A screening authority commits an offence if:
 (a) an inorganic powder is surrendered during screening; and
 (b) the inorganic powder is not handled and destroyed in accordance with the procedures put in place under this regulation.
Penalty: 50 penalty units.

4.22QG  Offence—preventing destruction of surrendered inorganic powder
  For the purposes of paragraph 44(2)(c) of the Act, a person commits an offence if:
 (a)