Civil Aviation Amendment Act 2002

20 New section 80A inserted
  • The principal Act is amended by inserting, after section 80, the following section:

    80A Powers and duties of aviation security officer relating to dangerous goods
    • (1) Without limiting section 80(a) and (ab), an aviation security officer may screen any person boarding an aircraft or any thing to be carried by an aircraft for the purpose of detecting dangerous goods.

      (2) If dangerous goods are detected and the aviation security officer has reasonable grounds to believe that they may not be lawfully carried on an aircraft, the aviation security officer may seize and detain the dangerous goods for the purpose of determining whether or not they may be lawfully carried on an aircraft.

      (3) If the aviation security officer determines that the dangerous goods may not be lawfully carried on an aircraft, the aviation security officer must notify the relevant operator or delivery service as soon as practicable and—

      • (a) may detain the dangerous goods until they are dealt with in accordance with paragraph (b) or paragraph (c); or

      • (b) may deliver the dangerous goods to the operator or delivery service; or

      • (c) may, if the Director agrees, destroy or otherwise dispose of the dangerous goods.

      (4) If the aviation security officer determines that the dangerous goods may be lawfully carried on an aircraft, the aviation security officer must, as far as practicable, return the dangerous goods to the owner of the dangerous goods.

      (5) Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the dangerous goods pose an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the dangerous goods.

      (6) The aviation security officer must report the detection of dangerous goods in accordance with the rules or, in the absence of rules, as the Director may direct.