Civil Aviation Amendment Act 2007

14 New sections 80B to 80I inserted
  • (1) The following section is inserted in its appropriate alphanumeric order:

    80B Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas
    • (1) Without limiting section 80 of this Act or section 12(1) of the Aviation Crimes Act 1972, an aviation security officer may, for the purpose of detecting any item or substance specified in a direction given under section 77A(1) or 77B(1), screen or search any person, item, substance, or vehicle—

      • (a) before the person, item, substance, or vehicle enters a sterile area:

      • (b) present in a sterile area.

      (2) A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.

      (3) If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and an aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.

      (4) If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,—

      • (a) if practicable, return the item or substance to the person from whom it was seized; or

      • (b) if impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized.

      (5) If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may—

      • (a) detain the item or substance until it is dealt with in accordance with paragraph (b) or (c); or

      • (b) dispose of or destroy the item or substance; or

      • (c) deliver the item or substance to a member of the police.

      (6) If an aviation security officer delivers an item or substance to a member of the police under subsection (5)(c), the aviation security officer must record the delivery and the relevant details of the seizure.

      (7) Despite anything in this section, if the aviation security officer has reasonable grounds to believe that an item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.

    (2) The following sections are inserted in their appropriate alphanumeric order:

    80C Powers and duties of aviation security officers relating to security enhanced areas
    • (1) Without limiting section 80, an aviation security officer may, for the purpose of detecting any item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction given under section 77A(1) or 77B(1), screen or search any person, item, substance, or vehicle—

      • (a) before the person, item, substance, or vehicle enters a security enhanced area:

      • (b) present in a security enhanced area.

      (2) A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.

      (3) If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area, the aviation security officer may seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area.

      (4) If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area, the aviation security officer—

      • (a) must—

        • (i) detain the item or substance until it is delivered to a member of the police or, if the Director agrees, destroyed or otherwise disposed of; or

        • (ii) deny entry into the security enhanced area to any person in possession of the item or substance; or

        • (iii) direct the person in possession of the item to leave the security enhanced area, with or without—

          • (A) the item or substance:

          • (B) any vehicle used to transport the item or substance; and

      • (b) must make a record of the item or substance and the person from whom the item or substance was seized (if any).

      (5) If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the security enhanced area, the aviation security officer must, if practicable, return the item or substance to the person from whom the item or substance was seized.

      (6) Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.

    80D Consent to be screened or searched
    • (1) The powers specified in section 80C(1) may only be exercised with respect to—

      • (i) a person to be screened or searched with the consent of the person:

      • (ii) an item, substance, or vehicle to be screened or searched with the consent of the person in possession of the item, substance, or vehicle.

      (2) To avoid doubt, an item, substance, or vehicle may be screened or searched without consent if it is unattended.

    80E Persons who refuse to consent to be screened or searched
    • (1) If a person refuses to consent to the screening or searching under section 80C(1), an aviation security officer may—

      • (a) deny that person entry into the security enhanced area:

      • (b) require that person to—

        • (i) leave the security enhanced area:

        • (ii) remove any item, substance, or vehicle in that person's possession from the security enhanced area.

      (2) An aviation security officer may—

      • (a) prevent a person from entering a security enhanced area if the person is denied entry:

      • (b) remove a person from a security enhanced area if the person is required to leave.

      (3) An aviation security officer may detain a person who—

      • (a) refuses to leave when required to leave (or attempts to enter when denied entry) and persists in his or her refusal (or attempt) after being warned that he or she commits an offence by not complying:

      • (b) refuses to be screened or searched if the aviation security officer has reasonable grounds to suspect that—

        • (i) an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by that person or by any other person; or

        • (ii) a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed, whether by that person or any other person.

      (4) A person detained under subsection (3) must be delivered to a member of the police as soon as practicable.

      (5) An aviation security officer, or any person assisting an aviation security officer, may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—

      • (a) prevent a person from entering a security enhanced area under subsection (2)(a):

      • (b) remove a person from a security enhanced area under subsection (2)(b):

      • (c) detain a person under subsection (3).

      Compare: 2004 No 16 s 54

    80F Searches of persons refusing consent to be searched
    • (1) If a person refuses to consent to the screening or searching under section 80C(1), a member of the police may, without a warrant, search the person and any item, substance, or vehicle in the person's possession, and may detain the person for the purposes of the search, and may take possession of any item or substance found in the course of the search that is specified in section 11(1) of the Aviation Crimes Act 1972, if the member of the police has reasonable grounds to suspect that—

      • (a) an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by that person or by any other person; and

      • (b) a search of the person refusing to consent, or any item, substance, or vehicle in the person's possession, is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed, whether by that person or any other person.

      (2) The refusal of a person to consent to the searching of his or her person, or any item, substance, or vehicle in the person's possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed.

      (3) A member of the police exercising the power of search under subsection (1) must, before the search is conducted, and on any subsequent request,—

      • (a) provide evidence of his or her identity to the person to be searched; and

      • (b) inform the person to be searched that the search is authorised under this section; and

      • (c) if not in uniform, provide evidence, if asked, that he or she is a member of the police to the person to be searched.

      (4) If a member of the police exercises the power of search under subsection (1), he or she must, within 3 days after the day on which he or she exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

      Compare: 2004 No 16 s 55

    80G Searches of persons
    • (1) With respect to a search made under section 80C(1),—

      • (a) a person must, if directed to do so by an aviation security officer,—

        • (i) remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the person is wearing to enable the search to be carried out, except where the person has no other clothing, or only underclothing, under the outer clothing:

        • (ii) remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:

        • (iii) allow an aviation security officer to carry out a pat down search:

      • (b) a female may only be searched by a female unless the search is made by means of a mechanical or electrical or electronic or other similar device.

      (2) For the purposes of this section, pat down search

      • (a) means a search of a clothed person in which the person conducting the search may do all or any of the following:

        • (i) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:

        • (ii) insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:

        • (iii) for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely:

          • (A) open his or her mouth:

          • (B) display the palms of his or her hands:

          • (C) display the soles of his or her feet:

          • (D) lift or rub his or her hair; and

      • (b) includes the authority to search—

        • (i) any item or substance carried by, or in the possession of, the person; and

        • (ii) any outer clothing removed, raised, lowered, or opened for the purposes of the search; and

        • (iii) any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

    80H Power to require drivers to stop vehicles in security enhanced areas for screening or searching
    • (1) An aviation security officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of screening or searching the vehicle, and any item, substance, or person in the vehicle.

      (2) The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.

      (3) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000, who, without lawful authority or reasonable excuse, fails to—

      • (a) stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or

      • (b) remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.

      Compare: 1998 No 110 s 114

    80I Protection of aviation security officers
    • Nothing done by an aviation security officer under sections 80B(3) to (7) and 80C(3) to (6) may subject the aviation security officer to personal liability if done in—

      • (a) good faith; and

      • (b) the exercise of powers or the performance of duties under this Act.

      Compare: 1949 No 19 s 13