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

Overview

The Aviation Transport Security Regulations 2005, as amended by the NTC-15128 Exemption Notice issued on 11 September 2018, provide for a temporary exemption from the requirement to display an Aviation Security Identification Card (ASIC) in the secure area of Sydney Airport for participants of the ‘Airside Adventure’ charity bus tour on 15 September 2018. This exemption, granted by Raymond Theseira, an authorised delegate of the Secretary of the Department of Home Affairs, aims to facilitate the smooth operation of the charity event while maintaining stringent security measures. The notice stipulates that all participants must be screened and cleared in accordance with the relevant Aviation Screening Notice, produce a valid pre-purchased ticket and photographic identification, and remain on the bus throughout the tour to ensure adherence to the stringent security protocols in place. The exemption operates under specific conditions to balance the need for security with the logistical requirements of the charity event, reflecting the policy objective of the Aviation Transport Security Act 2004 to protect aviation security while accommodating necessary exceptions where justified. The enactment of this exemption by the relevant delegate under the authority vested in the Department of Home Affairs ensures that the security integrity of Sydney Airport is upheld while allowing for the successful execution of the ‘Airside Adventure’ charity event.

Scope and Application

This notice, issued under section 127 of the Aviation Transport Security Act 2004 and subregulation 3.08(3) of the Aviation Transport Security Regulations 2005, provides a specific exemption for all persons who are ticket holders for the 'Airside Adventure' charity bus tour at Sydney Airport. This exemption applies solely to the event on 15 September 2018 and allows these individuals to bypass the requirement to display an Aviation Security Identification Card (ASIC) while in the secure area of Sydney Airport. The exemption is strictly conditional on adherence to certain screening and identification protocols, including pre-screening according to the relevant Aviation Screening Notice, presentation of a valid pre-purchased ticket and photographic identification to airport staff at Gate 47 (Terminal 2), verification against a pre-prepared list of participants, and remaining on the bus throughout the tour. The exemption is in effect from 9.30 am to 11.30 am on the specified date, highlighting the limited scope and duration of the relief provided. This measure ensures that the exemption does not undermine the stringent security measures in place at Sydney Airport while allowing for the smooth operation of the charity event.

Key Provisions

The main operative sections of this notice are under subregulation 3.08(3) of the Aviation Transport Security Regulations 2005. This notice grants an exemption to ticket holders of the 'Airside Adventure' bus tour at Sydney Airport from the requirement to display an Aviation Security Identification Card (ASIC) in the secure area of the airport. This exemption is for the purpose of participating in the 'Airside Adventure' charity bus tour on 15 September 2018, between 9:30 am and 11:30 am. The obligations imposed by this notice include that all bus tour participants must be screened and cleared in accordance with the relevant Aviation Screening Notice before entering the sterile area of Terminal 2. Participants must present a valid pre-purchased ticket and photographic identification to Sydney Airport Corporation Limited staff at Gate 47 (Terminal 2) to gain entry to the airside area. Sydney Airport Corporation Limited staff are required to reconcile each ticket holder against a pre-prepared list of bus tour participants, which must be retained by the airport staff. Participants must remain on board the bus throughout the tour and are not permitted to alight until the bus exits the airside area into the landside drop-off point. There are no specific offences, penalties, or consequences for breach outlined in this notice itself. However, the exemption operates under the overarching framework of the Aviation Transport Security Act 2004 and the Aviation Transport Security Regulations 2005. Any breach of the conditions set out in this notice could potentially lead to enforcement actions under these regulations, which may include fines, legal proceedings, or other regulatory actions as deemed necessary by the Department of Home Affairs. While the notice does not specify maximum penalties, the seriousness of aviation security breaches generally suggests that penalties could be significant.