Civil Aviation Amendment Act 2007

16 Powers of arrest
  • (1) The heading to section 85 is amended by adding and seizure of items or substances.

    (2) Section 85(1)(a) is amended by inserting 5A, after 5,.

    (3) Section 85 is amended by inserting the following subsections after subsection (1):

    • (1A) An aviation security officer may—

      • (a) search a person arrested under subsection (1):

      • (b) seize any item or substance that may be evidence of an offence against an enactment specified in subsection (1), if the officer has reasonable grounds to believe that—

        • (i) the person has an item or substance hidden or in clear view on or about his or her person that is evidence of an offence against an enactment specified in subsection (1); and

        • (ii) the item or substance poses a threat to the safety of the officer or any other person; and

        • (iii) immediate action is necessary to address the threat.

    • (1B) An aviation security officer may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—

      • (a) arrest a person under subsection (1):

      • (b) search a person under subsection (1A):

      • (c) seize an item or substance under subsection (1A).

    • (1C) To avoid doubt, an aviation security officer may search a person under this section whether or not an aviation security officer has previously searched the person under another section of this Act or under the Aviation Crimes Act 1972.

    • (1D) An aviation security officer who undertakes a search under this section must, within 3 working days of the search, give the Director a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1A)(b).

    (4) Section 85(3) is amended by inserting , and any item or substance he or she seizes, after arrests.

    (5) Section 85 is amended by adding the following subsection:

    • (4) An aviation security officer may seize an item or substance in the possession of a person that the aviation security officer arrests if the aviation security officer has reasonable grounds to believe that the item or substance is evidence of an offence against an enactment specified in subsection (1).