41Screening and clearing people

41 Screening and clearing people

(1) A person is screened when the person undergoes screening in accordance with regulations made under section 44: (a) in preparation for boarding an aircraft; or (b) in order to enter or remain in an area or zone within a security controlled airport. (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, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the person may enter the area, zone or aircraft 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, a cleared zone or a cleared aircraft. (4) For the purposes of paragraph (3)(b), a person is taken to be in a cleared area or cleared zone 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, a cleared zone or a cleared aircraft other than through a screening point.