Exemption from Displaying an Aviation Security Identification Card in a Secure Area - Broome International Airport

Overview

The Aviation Transport Security Regulations 2005 (the Regulations) were enacted under the authority of the Aviation Transport Security Act 2004 to address the need for stringent security measures in the aviation sector, particularly in securing aircraft and aerodromes against acts of unlawful interference. This legislative framework aims to enhance aviation security by imposing requirements on individuals and entities operating within the aviation sector. The Regulations are administered by the Department of Home Affairs, which seeks to maintain a secure and efficient transport environment. This notice, issued by Christine Deegan, a delegate of the Secretary of the Department of Home Affairs, provides a temporary exemption from displaying an Aviation Security Identification Card (ASIC) for specified employees and volunteers participating in an aerodrome emergency exercise at Broome International Airport. The exemption is contingent upon the participants being under escort by Broome International Airport Pty Ltd staff who validly display an ASIC, thereby maintaining security protocols while facilitating the exercise. The exemption is in effect from 7.30 am to 10 am on 19 October 2019, ensuring the exercise proceeds smoothly while adhering to the overarching security objectives of the Aviation Transport Security Act 2004.

Scope and Application

The notice issued by Christine Deegan, a delegate of the Secretary of the Department of Home Affairs, under section 127 of the Aviation Transport Security Act 2004, grants an exemption from the requirement to display an Aviation Security Identification Card (ASIC) to specific individuals during a designated time frame and location. Specifically, this exemption applies to employees and volunteers of Western Australian state and local government agencies, as well as volunteer organisations, who have been invited by Broome International Airport Pty Ltd to participate in an aerodrome emergency exercise. This exemption pertains to their movement in the secure area of Broome International Airport, specifically between Gate 10 and the special event zone established in notice NTC-17429. The exemption is conditional on the participants being under escort by a Broome International Airport Pty Ltd staff member who validly displays an ASIC. The exemption operates from 7.30 am to 10 am on 19 October 2019. This notice is made under subregulation 3.08(3) of the Aviation Transport Security Regulations 2005 and does not specify any further extensions or restrictions through subordinate instruments.

Key Provisions

The main operative sections of the notice are found in the Aviation Transport Security Regulations 2005, specifically subregulation 3.08(3). This section grants an exemption from the requirement to display an Aviation Security Identification Card (ASIC) in the secure area of Broome International Airport for employees and volunteers of Western Australian state and local government agencies and volunteer organisations who have been invited to participate in an aerodrome emergency exercise. This exemption applies only when the participants are under escort in the airside area, moving between Gate 10 and the special event zone established in notice NTC-17429. The exemption is in effect from 7:30 am to 10 am on 19 October 2019. The notice imposes certain obligations and requirements on the parties it governs. Employees and volunteers participating in the aerodrome emergency exercise must move between Gate 10 and the special event zone under the escort of a Broome International Airport Pty Ltd staff member who validly displays an ASIC. This requirement ensures that the participants are always under the supervision of an authorised individual who is in possession of the necessary security identification. The exemption does not extend beyond the specified time frame, and participants must adhere strictly to the conditions set out in the notice. Breach of the conditions outlined in the notice may lead to civil or criminal consequences. While the notice does not explicitly detail the penalties for non-compliance, the underlying Aviation Transport Security Act 2004 and the Aviation Transport Security Regulations 2005 provide a framework for enforcement. Breaches of these regulations can result in significant penalties, including fines and, in more severe cases, imprisonment. The maximum penalties for breaches under the Aviation Transport Security Act can reach up to $100,000 for individuals and $500,000 for corporations, depending on the severity of the offence. These provisions underscore the importance of adhering to the terms of the exemption notice to avoid potential legal repercussions.