Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p82
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 82/133)
Character Range: 267438–270273

if:
 (a) the aircraft's operator cannot demonstrate that the item:
 (i) was cleared at any of the aircraft's previous points of call in Australia; and
 (ii) has been kept continuously secure since it was cleared; or
 (b) the Secretary, by notice in writing, so requires.

4.28  International air services transferring passengers in Australia—outbound
 (1) This regulation applies in relation to checked baggage on board an outbound international air service if some or all of its passengers are to be transferred to a screened air service in Australia.
 (2) An item of the baggage must be cleared before it is transferred to the other air service if:
 (a) the aircraft's operator cannot demonstrate that the item:
 (i) was cleared at any of the aircraft's previous points of call in Australia; and
 (ii) has been kept continuously secure since it was cleared; or
 (b) the Secretary, by notice in writing, so requires.

4.37  Requirement to notify intending passengers about checked baggage screening
 (1) A screening authority must display signs, not less than 0.4 m wide by 0.3 m high, in the form set out in subregulation (2), indicating that checked baggage screening may occur.
Penalty: 10 penalty units.
 (2) A sign required by subregulation (1) must be in the following form:

   Commonwealth of Australia
   WARNING!
   Checked baggage screening may be in operation
   (Aviation Transport Security Act 2004 and Aviation Transport Security Regulations 2005)

4.38  Explosives not to be loaded on board aircraft
 (1) Subject to subregulation (3), a screening authority must ensure that an explosive that is detected in an item of checked baggage during screening at the terminal facility is not loaded on board an aircraft.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.
 (3) Subregulation (1) does not apply in relation to an explosive the carriage of which is permitted by or under the Civil Aviation Safety Regulations 1998.

4.39  Opening of checked baggage
  Nothing in these Regulations authorises a screening authority or a screening officer to open an item of checked baggage without the consent of a person who is entitled to possession of the item, or of the person who checked the item in, unless:
 (a) the screening authority first makes a reasonable attempt to find a person who is entitled to possession of the item, or the person who checked the item in; and
 (b) no such person is found.

Subdivision 4.1.3—Record‑keeping requirements

4.40  Record‑keeping requirements relating to Secretary's notices for screening
 (1) This regulation applies in relation to a screening point through which persons enter a sterile area of a security controlled airport.
 (2) The screening authority that is responsible for operating the screening point must make records,