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

Overview

The Aviation Transport Security Regulations 2005 were enacted to establish the framework for aviation security in Australia, ensuring that security measures are comprehensive and effective in protecting passengers and the aviation industry. This legislation was introduced to address the need for stringent security protocols in response to increasing threats to aviation safety and security. Enacted by the Parliament of Australia, the primary policy objective of these regulations is to safeguard the integrity of the nation's air transport system against acts of unlawful interference. The notice issued by Michelle Cozadinos, the Delegate of the Secretary of the Department of Home Affairs, provides a specific exemption for employees and contractors of certain companies involved in the airport overlay project at Roma Airport, allowing them to work in the secure area without displaying an Aviation Security Identification Card under certain conditions, reflecting the legislative intent to balance security with operational efficiency.

Scope and Application

The notice issued by Michelle Cozadinos, a Delegate of the Secretary of the Department of Home Affairs, under section 127 of the Aviation Transport Security Act 2004, provides a specific exemption from the requirement to display an Aviation Security Identification Card (ASIC) for certain employees and contractors involved in the airport Overlay Project. This exemption applies to employees and contractors of Maranoa Regional Council, Fulton Hogan Industries Pty Ltd, and GHD Pty Ltd who are working in the secure area of Roma Airport. The exemption is contingent on several conditions being met, including that these personnel are under the supervision of a red ASIC cardholder when in the airside area, must present photo identification upon entry, and entry to the airside area is only granted through designated entry points. Additionally, all heavy equipment and tools used for the works must be secured when not in use. This exemption operates from 12:01 am on 16 October 2018 to 11:59 pm on 21 December 2018, and it is subject to the operational period as defined in regulation 4.01 of the Aviation Transport Security Regulations 2005.

Key Provisions

The notice made under section 127 of the Aviation Transport Security Act 2004 and subregulation 3.08(3) of the Aviation Transport Security Regulations 2005 grants an exemption from the requirement to display an Aviation Security Identification Card (ASIC) in the secure area of Roma Airport for employees and contractors of Maranoa Regional Council, Fulton Hogan Industries Pty Ltd, and GHD Pty Ltd who are engaged in the airport Overlay Project. This exemption is in place from 12:01 am 16 October 2018 to 11:59 pm 21 December 2018. During this period, these employees and contractors may enter the airside area, provided they are under the supervision of a person holding a red ASIC and present photo identification upon entry. Additionally, they must enter the airside area through designated entry points, and all heavy equipment and tools must be secured when not in use. The exemption imposes several obligations on the specified employees and contractors. They must be supervised by a person holding a red ASIC while in the airside area. This supervision requirement ensures that the exempted individuals are closely monitored to maintain security standards. Furthermore, these individuals must present photo identification upon entry to the airside area to verify their identity and eligibility to access the secure area. Entry to the airside area is restricted to designated points, ensuring controlled access and adherence to security protocols. Employees of Maranoa Regional Council who hold red ASICs must continue to display their cards at all times as per the regulations. There are potential consequences for breaches of the conditions set forth in this exemption. While the notice does not explicitly state penalties, breaches of the Aviation Transport Security Regulations 2005 can lead to civil and criminal penalties. Under section 138 of the Act, a person who contravenes a provision of the Act or the Regulations is liable for a civil penalty of up to $22,200 for an individual and $111,000 for a body corporate. In more serious cases, contraventions may also result in criminal charges, with potential penalties including fines and imprisonment. The specifics of these penalties are detailed in the Act and the Regulations, but the overarching intent is to ensure strict compliance with aviation security measures.