Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 115

Screening and clearing people

  (1)   A person is screened when the person undergoes screening in accordance with regulations made under section   119 in preparation for:

  (a)   boarding a vessel; or

  (b)   entering an area within a security regulated port or an offshore security zone.

Note:   Division   6 of Part   8 deals with the screening officers.

  (2)   A person receives clearance if:

  (a)   after being screened, the person is allowed, by a screening officer, to pass through the screening point; or

  (b)   the person passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the person may pass through that screening point without being screened; or

  (c)   the person enters a cleared area or boards a cleared vessel other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the person may enter the area or board the vessel that way.

  (3)   A person is cleared at a particular time if:

  (a)   the person has received clearance; and

  (b)   since receiving clearance, the person has at all times been in a cleared area or on a cleared vessel.

  (4)   For the purposes of paragraph   (3)(b), a person is taken to be in a cleared area if the person is under the supervision or control prescribed in the regulations.

  (5)   To avoid doubt:

  (a)   a notice under paragraph   (2)(b) may provide that a class of persons may pass through a screening point without being screened; and

  (b)   a notice under paragraph   (2)(c) may provide that a class of persons may enter a cleared area or board a cleared vessel other than through a screening point.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback