Part 8Aviation security
80HPower to require drivers to stop vehicles in security enhanced areas for screening or searching
An aviation security officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of screening or searching the vehicle, and any item, substance, or person in the vehicle.
The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.
Every person commits an offence and is liable on
conviction to a fine not exceeding $1,000, who, without lawful authority or reasonable excuse, fails to—- stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or
- remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.
In proceedings for an offence against subsection (3),—
- the prosecutor need not assert absence of lawful authority or reasonable excuse in the charging document; and
- the burden of proving that the defendant had lawful authority or a reasonable excuse lies on the defendant.
Compare
- 1998 No 110 s 114
Notes
- Section 80H: inserted, on , by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
- Section 80H(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 80H(4): inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).