Aviation Transport Security Act 2004
NOTICE OF DECLARATION OF SECURITY CONTROLLED AIRPORT AND AIRSIDE AREA –
BLACKALL AIRPORT
I, JACQUELINE IRELAND, Director, Transport Security Operations, Office of Transport Security:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act),
Notice A05246 which declared Blackall Airport as a security controlled airport as published in the Gazette (No. C2013G01160 29 July 2013);
DECLARE, under subsection 28(2) of the Act, that Blackall Airport is a security controlled
airport, the boundaries of Blackall Airport are shown on the attached map which forms part of
this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Blackall Airport being that area indicated as the airside area on the attached map.
This Notice commences upon publication in the Gazette.
Date: 23 February 2017
Jacqui Ireland
Delegate of the Secretary of the
Department of Infrastructure and Regional Development
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
Overview
The Aviation Transport Security Act 2004 was enacted to address the growing need for stringent security measures in the aviation sector to protect against acts of unlawful interference, thereby ensuring the safety of air transport. This Act was introduced by the Commonwealth Parliament to establish a national framework for aviation security, setting out obligations for all persons involved in aviation activities. The policy objective of the Act is to maintain a high level of security for civil aviation and to ensure the safety and security of aircraft, passengers, and airport operations. The Act empowers the Minister for Infrastructure and Transport to designate airports as security controlled airports and to establish airside areas, which are zones within an airport where access is restricted to authorised persons only. This ensures that sensitive areas are adequately protected from unauthorised access, thereby enhancing the overall security of the aviation transport system.
Scope and Application
The Aviation Transport Security Act 2004 applies to various persons, entities, and industries involved in aviation transport security across Australia. It governs the security of airports, aircraft, and airside areas, ensuring that appropriate measures are in place to safeguard against security threats. The Act applies nationally, covering all Commonwealth, state, and territory airports. Its provisions extend to any individual or entity engaged in activities that affect the security of aviation transport, including airlines, ground service providers, and airport operators. Notably, the Act includes provisions for declaring certain airports as security controlled airports and establishing airside areas, which are subject to stringent security regulations. Subordinate instruments and notices, such as the one declaring Blackall Airport as a security controlled airport, may extend or specify application details and boundaries. While the Act provides a broad framework, certain exclusions and exemptions may apply, often detailed in subsidiary legislation or specific notices, ensuring the regulations are tailored to the unique circumstances of each airport and airside area.
Key Provisions
The Aviation Transport Security Act 2004 governs the security of Australia's aviation transport system, including the control of airports and airside areas. Section 28(2) of the Act allows the Director, Transport Security Operations, to revoke or declare an airport as a security controlled airport, and to establish an airside area (subsection 29). In this instance, the Director, Jacqui Ireland, revoked Notice A05246 (section 28(2)) which had previously declared Blackall Airport a security controlled airport (C2013G01160 29 July 2013) and issued a new declaration (section 28(2)) with the boundaries of the airport and the airside area specified on an attached map (section 29).
The obligations imposed by this Act on the parties or entities it governs include compliance with the security measures and controls specified by the Director. This entails adherence to regulations, standards, and procedures outlined by the Act and its subsidiary legislation. These obligations may include the implementation of security screening, access control, surveillance, and other protective measures to safeguard the airport and airside area against security threats. Furthermore, the Act mandates cooperation with the Director and other relevant authorities in the enforcement and oversight of security measures.
Breaches of the provisions under the Aviation Transport Security Act 2004 can result in both civil and criminal penalties. For instance, contravening the Act's requirements may lead to fines and imprisonment. Specifically, under section 327 of the Act, a person who contravenes a provision of the Act, other than a provision that is a civil penalty provision, is liable to a fine of up to 200 penalty units ($33,000) for an individual and up to 1,000 penalty units ($165,000) for a body corporate. Additionally, section 328 of the Act provides that a person who is convicted of an offence against the Act may be imprisoned for up to five years. These penalties underscore the seriousness with which the Act treats non-compliance and its commitment to maintaining the security of Australia's aviation transport system.