Exemption from Displaying an Aviation Security Identification Card in an Airside Area

Overview

The Aviation Transport Security Regulations 2005 were enacted to provide a comprehensive regulatory framework for aviation security in Australia, addressing the need for stringent security measures in the aviation industry. This legislation aims to ensure that aviation security is managed effectively, particularly in sensitive areas such as airside zones, where strict identification protocols are crucial. The regulations were enacted by the Australian Parliament and seek to maintain the integrity of aviation security through detailed guidelines and requirements. The specific exemption notice issued by Christine Deegan, Director, Transport Security Operations, Aviation and Maritime Security, under the authority granted by the Aviation Transport Security Regulations 2005, provides an exemption for certain personnel involved in VIP airside events at the 34 Squadron Royal Australian Air Force Special Purpose Aircraft Facility at Canberra Airport. This exemption is designed to facilitate the smooth conduct of VIP events while ensuring that essential security measures are still upheld within the defined parameters.

Scope and Application

The NTC-16325Aviation Transport Security Regulations 2005 (EXEMPTION FROM DISPLAYING AN AVIATION SECURITY IDENTIFICATION CARD IN AN AIRSIDE AREA) issued by Christine Deegan, Director, Transport Security Operations, Aviation and Maritime Security, provides an exemption from displaying an Aviation Security Identification Card (ASIC) under regulation 3.08 for specific non-exempt persons involved in VIP airside events at the 34 Squadron Royal Australian Air Force Special Purpose Aircraft Facility at Canberra Airport. This exemption applies to authorised personnel who are approved for airside access by the 34 Squadron Royal Australian Air Force, Department of Defence, and is limited to routine VIP events occurring one hour prior to and up to 30 minutes after each event. The exemption is restricted to the specified Zone depicted on the attached maps that form part of the Notice. It is imperative that airside access control and inspection measures are upheld in accordance with the approved Canberra Airport Transport Security Program (TSP). The Notice is subject to conditions and commences on the date it is signed, remaining in effect until 15 September 2021 unless revoked earlier.

Key Provisions

The notice (C2019G00577) issued by Christine Deegan, Director of Transport Security Operations, Aviation and Maritime Security, provides an exemption from the requirement to display an Aviation Security Identification Card (ASIC) in airside areas for certain individuals involved in VIP airside events at the 34 Squadron Royal Australian Air Force Special Purpose Aircraft Facility at Canberra Airport. This exemption is granted under regulation 3.08 of the Aviation Transport Security Regulations 2005 and is subject to specific conditions. These conditions include the exemption being valid only for routine VIP events occurring between one hour before and up to 30 minutes after each event. It is also limited to the specific Zone depicted on the attached maps, which form part of the notice. Furthermore, the exemption applies only to authorised personnel who are necessary for the conduct of the VIP event and who have been approved for airside access to the Zone by the 34 Squadron Royal Australian Air Force, Department of Defence, to the Defence Establishment Fairbairn Special Purpose Aircraft facility. The notice imposes several obligations on the parties it governs. Firstly, it requires that airside access control and inspection measures are maintained in accordance with the approved Canberra Airport Transport Security Program (TSP). This ensures that despite the exemption from displaying an ASIC, other security protocols remain in place to maintain the integrity of the airside area. Additionally, the notice mandates that the exemption applies only to members of the Australian Defence Force (ADF) or a visiting force on training, exercises, or operations with the ADF who are in uniform or other role-appropriate clothing on duty for lawful purposes and involved in the support or operation of the aircraft. These individuals must also display proper identification as a member of the defence force. This requirement is further clarified by referencing the definition of 'Visiting Force' under the Defence (Visiting Forces) Act 1963 and 'VIP Event' as the arrival and departure of domestic and foreign aircraft associated with the movement of domestic and foreign dignitaries, and airside planning activities approved by 34 Squadron Royal Australian Air Force associated with these events. The notice does not explicitly detail offences, penalties, or consequences for breach within its text. However, any breach of the Aviation Transport Security Regulations 2005, including unauthorised access or failure to comply with security measures, could potentially lead to civil or criminal consequences under the applicable aviation security laws. The Aviation Transport Security Act 2004, for instance, provides for significant penalties, including fines and imprisonment, for violations of the regulations aimed at ensuring the security of air transport. The maximum penalties for such breaches can be substantial, reflecting the critical nature of aviation security. It is therefore crucial for the exempted personnel to adhere strictly to the conditions outlined in the notice to avoid any potential legal repercussions.