Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p64
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 64/133)
Character Range: 222384–225329

person must ensure that:
 (a) a person or thing specified in a notice made under paragraph (1)(a) is screened, in a circumstance specified in the notice, by using the following:
 (i) the methods specified in the notice for the person, thing or circumstance;
 (ii) the techniques specified in the notice for the person, thing or circumstance;
 (iii) the equipment specified in the notice for the person, thing or circumstance; and
 (b) a person or thing specified in a notice made under paragraph (1)(b) does not pass through a screening point.
Penalty: 100 penalty units.
 (6) A contravention of subregulation (4) or (5) is an offence of strict liability.

4.17A  Secretary's requirements for screening using certain types of equipment
 (1) This regulation applies in relation to a screening authority that is responsible for operating a screening point through which persons enter a sterile area of a security controlled airport.
 (2) The Secretary may, by written notice given to the screening authority, specify requirements relating to screening that is carried out at the screening point using any of the following equipment:
 (a) x‑ray equipment fitted with threat image projection software;
 (b) a walk‑through metal detector;
 (c) body scanning equipment;
 (d) explosive trace detection equipment.
 (3) Without limiting subregulation (2), requirements specified under that subregulation may include:
 (a) a requirement that the screening authority use specified performance measures in relation to the screening; or
 (b) a performance target that must be met in relation to the screening.
 (4) In considering whether to specify a requirement under subregulation (2), the Secretary may have regard to any of the following:
 (a) Australia's international obligations relating to aviation security;
 (b) aviation security intelligence;
 (c) aviation security information;
 (d) the findings or recommendations of any audit or other investigation relating to screening at one or more security controlled airports;
 (e) the number of persons likely to pass through the screening point while the requirement is in force;
 (f) the information that can be recorded by the equipment used for the screening;
 (g) any other matter the Secretary considers relevant.
 (5) A notice given under subregulation (2) may be combined with a notice issued under regulation 4.17.
 (6) A person commits an offence of strict liability if:
 (a) the person is the screening authority that is responsible for operating the screening point; and
 (b) the Secretary gives the person a notice under subregulation (2) that specifies a requirement relating to screening carried out at the screening point using specified equipment; and
 (c) screening is carried out at the screening point using that equipment; and
 (d) the requirement specified in the notice is not complied with in relation to the screening.
Penalty for contravention of this subregulation: 100 penalty