Aviation (Preclearance) Act 2009

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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.