CTHIn ForceAct
Aviation Transport Security Act 2004
89CStopping and searching persons
Start here
Get a plain-English read of 89C
Turn the raw legal text into a practical explanation grounded in Aviation Transport Security Act 2004.
#### 89C Stopping and searching persons
(1) If an eligible customs officer reasonably believes that it is necessary to do so for the purposes of safeguarding against unlawful interference with aviation, the officer may stop a person who is in an airside area and conduct an ordinary search or a frisk search of the person.
(2) An ordinary search or a frisk search of a person under subsection (1) must, if practicable, be conducted by a person of the same gender as the person being searched.
(3) If an eligible customs officer stops a person under subsection (1), the officer must:
(a) identify himself or herself as an eligible customs officer to the person; and
(b) tell the person why the person has been stopped; and
(c) if the person is to be searched—tell the person why the person is to be searched.
(4) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct hinders or obstructs an eligible customs officer in the exercise of a power under subsection (1).
Penalty for an offence against this subsection: Imprisonment for 2 years.