CTHIn ForceAct
Maritime Transport and Offshore Facilities Security Act 2003
166Screening powers
Start here
Get a plain-English read of 166
Turn the raw legal text into a practical explanation grounded in Maritime Transport and Offshore Facilities Security Act 2003.
#### 166 Screening powers
(1) If a screening officer considers it necessary in order to screen a person properly, the screening officer may request the person to remove any item of the person’s clothing.
(2) The screening officer must not:
(a) require the person to remove any clothing; or
(b) remove or cause the removal of any of the person’s clothing.
Penalty: 50 penalty units.
(3) Subsection (2) does not apply if the officer has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4) Subsection (2) is an offence of strict liability.
(5) If:
(a) a screening officer requests a person to remove an item of clothing under subsection (1); and
(b) the person refuses to comply with the request; and
(c) the person refuses to be screened in a private room; and
(d) the refusals mean that it is not possible to screen the person properly;
the screening officer must refuse to allow the person to pass through the screening point.
(6) A screening of a person in a private room as mentioned in paragraph (5)(c) must, if practicable, be conducted by a screening officer of the same gender as the person.