View Full Version : Refusing Explosive detection test at Airport Security

Angle of Attack
18th Oct 2010, 10:09
I have been doing a bit of a search the last half hour or so but cannot find out what happens if you refuse a Explosive detection test at security? You just get refused entry and just walk back out? Or do you get some other drama? Thanks in advance

The Green Goblin
18th Oct 2010, 10:25
I always wondered what would happen if you refused a cavity search, and if they went ahead you could charge them with digital penetration without consent?

Along with Airport full body scanners that are shortly to be introduced with the rumoured 20 minute time it takes to scan you. Would be a bitch if you missed the flight or are crew with an hour to sign on, get through customs etc, preflight, brief and go......

18th Oct 2010, 10:30
You don't get to walk away, because you might be the real deal. The federal police are called who come and take you into that little room and check you out, you can refuse but then you get arrested. So dont test it on a friday night, coz you'll be held in custody until monday morning when you appear in court and get to explain to the judge your displeasure, who will sentence you anyway.

Worrals in the wilds
18th Oct 2010, 10:58
I always wondered what would happen if you refused a cavity search, and if they went ahead you could charge them with digital penetration without consent?

Section 219RA -ZJ of the Customs Act covers internal searches (by Customs or police officers). Contrary to movie influenced public opinion they are done by medical practitioners at a hospital where you are taken in detention by the AFP or Customs.

You have the right to refuse the search, which is one of the rights that should be read to you when you are detained. If you refuse a s219 internal search your case will be heard by a judge (JP for ordinary strip and frisk searches) who will listen to both sides of the story and make a decision. If the judge decides the search is to proceed then it will do so and reasonable force may be used to facilitate that. Once that decision is made by a judge your consent is irrelevant.

In practice, I don't believe an internal search has ever got to that stage and I don't know what sort of 'reasonable force' you could use. They'd probably just detain you and see what came out of your orifices over time.

Security guards can't do cavity searches at airports, in Australia anyway. There may be legislation that allows state coppers to do them for explosives or in the watch-house :confused: (the ATSA only provides for ordinary or frisk searches, which is less that the Customs Act) but certainly not security guards at a screening point, whatever some of them might like to tell people.

As for the original question, a quick look at the Aviation Transport Security Act / Regs seems to say that all they can do is refuse you access to the sterile area and use reasonable force to make sure you do so. There's nothing specifically listed about refusing screening, provided you withdraw from wanting to access the area. In practice though, I'd be guessing that they'd call the cops.

Capt Fathom
18th Oct 2010, 11:20
You don't get to walk away

Yes you do!

I have volunteered to be checked, and been asked too move along.

How easy was that!


Bad Hat Harry
18th Oct 2010, 11:24
The Office Of Transport Security(CBR)
TEL: 02 6274 7111

18th Oct 2010, 12:00
good one CF, reminds me of the time I was selected for the pat down and said, "well don't stop, I've paid for the full 5 minutes" :)

18th Oct 2010, 12:34
Why would you refuse it??

18th Oct 2010, 12:34
I agree. The only possible reason for refusing the test, other than actually carrying explosives, is if you are one of those idiots who think security doesn't apply to you... :D:ugh::rolleyes:

Angle of Attack
18th Oct 2010, 12:43
Well It is not about a cavity search at all just the ramifications of refusing an explosive test.

It's not about refusing or whatever it is about creating maximum delay haha, the longest we have found is around 12 minutes by thoroughly reading the card then requiring a private screening, also gets a second supervisor in to supervise, I am looking to further maximise resources by refusing a test and trying to get more delays. As far as we are concrened once at work we start so security can answer to employers as they have!. Lets just say its a movement! hehe!

18th Oct 2010, 14:52
There's always one, isn't there... :rolleyes:

18th Oct 2010, 22:32
WTF?? Good luck with that! All I know is that my coffee awaits on the other side of screening, and I ain't missing that to make some childish point about security, that's a fight you won't win.

psycho joe
19th Oct 2010, 00:47
I'd love to see what they'd do if you failed the explosive test. I'd love to go shooting then turn up to security covered in trace residue, just to see the look on their face when the machine goes crazy with bells & whistles. :E

tail wheel
19th Oct 2010, 00:58
I suspect that refusing to participate in an explosives test when directed by an authorised officer may in itself by an offense and carry significant penalties.

A conviction would adversely impact on the issue of an ASIC and probably terminate an aviation career.

I can't imagine why anyone - and particularly air crew or airline staff - would be stupid enough to refuse or attempt to frustrate any lawful direction from an authorised officer at an airport.