146Powers of aviation security officer in relation to person who is not searched or refuses consent to searching

1. This section applies if a person—

2. is required to be subject to a search at a screening point immediately before entering into a landside security area, a sterile area, or a security enhanced area and attempts to enter without having undergone searching; or
3. is required to be subject to a search while in a landside security area, a sterile area, or a security enhanced area and attempts to remain in that area without having undergone searching; or
4. refuses to consent to searching immediately before entry into, or while in, a landside security area, a sterile area, or a security enhanced area.

5. An aviation security officer may,—

6. if the person is outside the landside security area or, as the case may be, the sterile area or security enhanced area, deny the person entry into that area:
7. if the person is in the landside security area or, as the case may be, the sterile area or security enhanced area, require the person to—
   1. leave the area:
   2. remove any thing in the person’s possession from the area.

8. An aviation security officer may—

9. prevent a person from entering a landside security area or, as the case may be, a sterile area or security enhanced area if the person is denied entry under subsection (2)(a):
10. remove a person from a landside security area or, as the case may be, a sterile area or security enhanced area if the person is required to leave under subsection (2)(b).

11. An aviation security officer may detain a person who—

12. attempts to enter when denied entry under subsection (2)(a), or refuses to leave when required to leave under subsection (2)(b), and persists in that refusal (or attempt) after being warned that the person commits an offence by not complying:
13. refuses to be searched at a screening point immediately before entering into a landside security area, a sterile area, or a security enhanced area, if the aviation security officer has reasonable grounds to suspect that—
    1. an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by the person or by any other person; or
    2. a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed, whether by the person or any other person.

14. A person detained under subsection (4) must be delivered to a constable as soon as practicable.

15. An aviation security officer, or any person assisting an aviation security officer, may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—

16. prevent a person from entering a landside security area, a sterile area, or a security enhanced area under subsection (3)(a):
17. remove a person from a landside security area, a sterile area, or a security enhanced area under subsection (3)(b):
18. detain a person under subsection (4).