Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p57
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 57/133)
Character Range: 205404–208190

metal detector as a screening device in contravention of subregulation (2) or (3).
Penalty: 50 penalty units.

4.08  Circumstances in which persons must be cleared in order to board aircraft
 (1) This regulation is made for subparagraph 44(2)(d)(i) of the Act.
 (2) A person must be cleared to board before boarding an aircraft if:
 (a) the aircraft is to operate a screened air service; and
 (b) the person is a passenger on, or a member of the crew of, the aircraft.
 (3) However, subsection (2) does not apply if the person receives clearance to enter the aircraft other than through a screening point.
 (4) For subregulation (2), a member of an aircraft's crew is taken to continue to be cleared if he or she, since he or she was last screened, has continuously been:
 (a) in the airside of an airport at which there is a sterile area (and if the sterile area is not continuously in operation, while the area was in operation); or
 (b) in the sterile area of an airport; or
 (c) on board an aircraft that operates a screened air service.
Note: The following table summarises the requirements of these Regulations in relation to foreign aircrew and cabin crew, or the crew of a state aircraft.

Class of person           Entry to aircraft       Entry to sterile area  Wearing of ASIC in secure area                     Checked baggage screening (if otherwise applicable)  Baggage remaining on aircraft or overnighting
Crew of foreign aircraft  Screening required      Screening required     Not required, but company uniform and ID required  Screening required when baggage loaded               Screening not required
Crew of state aircraft    Screening not required  Screening required     Not required                                       Screening not required                               Screening not required

4.09  Requirements for clearing
 (1) This regulation is made for paragraph 44(1)(b) of the Act.
 (2) A person must receive clearance before the person enters a sterile area.
 (3) However, a person may enter a sterile area other than through a screening point, or by passing through a screening point without being screened, if:
 (a) in the case of a person arriving at a designated airport or a tier 1 or tier 2 security controlled airport:
 (i) the person is entering the area after disembarking from a screened air service; and
 (ii) all persons on board the service received clearance to board at a designated airport or a tier 1 or tier 2 security controlled airport; or
 (b) in the case of a person arriving at a tier 3 security controlled airport:
 (i) the person is entering the area after disembarking from a screened air service; and
 (ii) all persons on board the service received clearance to board at a designated airport or a tier 1, tier 2 or tier 3