Aviation (Preclearance) Act 2009

7.

Security of preclearance area.

7.— (1) Persons other than—

( a) preclearance officers and other personnel authorised by the United States,

( b) travellers,

( c) Irish law enforcement officers, and

( d) persons authorised by the airport authority who require entry for a purpose relating to their employment,

shall not enter—

(i) a preclearance area, or

(ii) where regulations are made to which section 2(2) applies, a place referred to in that subsection that is, for the time being, operational for the purpose of preclearance.

(2) An Irish law enforcement officer or a preclearance officer may, in the interest of security or the proper functioning of the preclearance area, do any of the following in the preclearance area:

( a) require any person to:

(i) give his or her name and to produce evidence of his or her identity;

(ii) state the purpose of his or her being in the preclearance area;

(iii) account for any baggage or other property which may be in his or her possession;

(iv) return to the preclearance facility;

( b) require any of the following persons to leave the preclearance area:

(i) a person who fails to give his or her name or to produce evidence of his or her identity;

(ii) a person who fails to state the purpose of his or her being in the preclearance area;

(iii) a person who fails to account for any baggage or other property in his or her possession;

(iv) a person who gives a name or states a purpose for his or her being in the preclearance area which is known, or is reasonably suspected, by the preclearance officer or the Irish law enforcement officer to be false;

(v) a person whom he or she knows not to have, or whom he or she reasonably suspects of not having, a lawful reason for being in the preclearance area.

(3) A person who contravenes subsection (1) or fails to comply with a requirement under subsection (2) shall be guilty of an offence.

(4) A person who obstructs or impedes a preclearance officer or an Irish law enforcement officer in the exercise of any functions conferred by this Act shall be guilty of an offence.

(5) A person shall not be convicted under—

( a) subsection (3) in respect of subsection (2) of this section, and

( b) section 3(2) in respect of section 3(1)(c) ,

in respect of the same act.