Document ID: chunk:federal_register_of_legislation:C2024C00432:section:44:p2
Version: federal_register_of_legislation:C2024C00432
Segment Type: section
Provision Reference: s 44 (pt 2/2)
Character Range: 94929–96734

provide that some or all of the matters set out in that paragraph are to be specified in written notices made by the Secretary. Such a notice may provide that the notice is only to be given to the persons, or classes of persons, specified in the notice.
 (3A) Without limiting paragraph (2)(j), the equipment to be used for screening may include the following:
 (a) metal detection equipment;
 (b) explosive trace detection equipment;
 (c) body scanning equipment such as an active millimetre wave body scanner.
 (3B) If:
 (a) body scanning equipment is to be used for the screening of a person; and
 (b) the equipment produces an image of the person;
the image must only be a generic body image that is gender‑neutral and from which the person cannot be identified.
 (3C) If body scanning equipment is to be used for the screening of a person, the equipment must not store or transmit:
 (a) an image of the person that is produced by the equipment; or
 (b) personal information (within the meaning of the Privacy Act 1988) about the person.
 (4) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
 (a) for an offence committed by an airport operator or an aircraft operator—200 penalty units; or
 (b) for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
 (c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.

Division 2A—Examining and clearing cargo