Aviation Transport Security Amendment Regulation 2012 (No. 1)

Overview

The Aviation Transport Security Amendment Regulation 2012 (No. 1) was enacted to amend the Aviation Transport Security Regulations 2005, thereby altering the definition of a designated airport to exclude Alice Springs Airport. This change was introduced to align with the Australian Government's decision, announced as part of the Mid Year Economic and Fiscal Outlook 2011-12, to withdraw Australian Federal Police resources from Alice Springs Airport. The decision reflects a strategic shift towards a layered and proportionate response to aviation security threats, taking into account that Alice Springs Airport does not handle international flights and has significantly lower passenger numbers compared to other major airports. Consequently, this regulation ensures that Alice Springs Airport no longer requires a counter-terrorist first response function, although the Northern Territory Police will maintain jurisdiction there. The amendment does not engage any applicable rights or freedoms, and the regulation is compatible with human rights as it does not raise any human rights issues.

Scope and Application

The Aviation Transport Security Act 2004 is a comprehensive piece of Australian legislation aimed at establishing a regulatory framework to safeguard the security of civil aviation within the country. It provides the authority for the creation of regulations necessary for its implementation, as outlined in Section 133 of the Act, which mandates that any regulations must not be inconsistent with the Act. The Act applies to various entities, including airports, airlines, and other aviation-related businesses, as well as individuals involved in the aviation industry, focusing on conduct and transactions that have the potential to impact aviation security. The jurisdiction of the Act is national, covering all airports and aviation activities within Australia, including those in the territories. However, the Act does not explicitly outline exclusions, exemptions, or thresholds; instead, these are determined through subordinate instruments, such as the recently amended Aviation Transport Security Amendment Regulation 2012 (No. 1), which refines the application of the Act by altering the definition of a "designated airport" to omit Alice Springs Airport from requiring a counter-terrorist first response function. This amendment reflects the government's strategic decision to withdraw Australian Federal Police resources from Alice Springs Airport, aligning with a proportionate response to threat profiles and the airport's lower risk profile due to its lack of international flights and reduced passenger numbers. Despite this change, the Northern Territory Police will maintain jurisdiction at Alice Springs Airport, ensuring continued security coverage.

Key Provisions

The Aviation Transport Security Amendment Regulation 2012 (No. 1) modifies the definition of a 'designated airport' as outlined in regulation 1.03 of the Aviation Transport Security Regulations 2005 (Regulations). This amendment removes Alice Springs Airport from the list of airports that require a counter-terrorist first response function, which is detailed in regulation 3.29 of the Regulations. This change is aligned with the government's decision to withdraw Australian Federal Police resources from Alice Springs Airport, announced as part of the Mid Year Economic and Fiscal Outlook 2011-12. The decision reflects the government's aviation security objective of maintaining a layered and proportionate response to threats, considering that Alice Springs Airport does not handle any international flights and has significantly lower passenger numbers compared to other major airports. The amendment imposes specific obligations on Alice Springs Airport and the Northern Territory Police. With Alice Springs Airport no longer being a designated airport under the Regulations, it is relieved from the requirement to enter into an agreement with a counter-terrorist first response service provider. Instead, the Northern Territory Police will continue to have jurisdiction over security matters at the airport. This transition ensures that while federal resources are withdrawn, local police retain the responsibility for maintaining security at the airport. Breaches of the provisions in the Act or Regulations can lead to various consequences. The Aviation Transport Security Act 2004 (Act) includes provisions for offences and penalties for non-compliance with security requirements. For instance, an unauthorised person entering a security area at a designated airport could face imprisonment for up to 5 years or a fine of up to $33,000, as outlined in section 42 of the Act. Similarly, failing to comply with a direction by an authorised officer could result in a penalty of up to $22,000, as stipulated in section 44 of the Act. These penalties underscore the seriousness with which the government treats compliance with aviation security regulations. In summary, the Aviation Transport Security Amendment Regulation 2012 (No. 1) updates the regulatory framework to reflect the government's strategic approach to aviation security, ensuring that resources are allocated efficiently according to the threat profile. It imposes specific obligations on Alice Springs Airport and the Northern Territory Police, and includes provisions for penalties to enforce compliance with the Act.