Aviation Transport Security Act 2004
NOTICE ASSIGNING AIRPORT CATEGORISATION – ONSLOW AIRPORT
I, PAULINE MARGARET SULLIVAN, General Manager, Transport Security Operations, Office of Transport Security, under subsection 28(6) of the Aviation Transport Security Act 2004,
ASSIGN Onslow Airport as a Category 6 security controlled airport, as further defined under regulation 3.01B of the Aviation Transport Security Regulations 2005.
This Notice comes into force on the date of signature below and remains in force unless otherwise revoked in writing.
Date: 24 October 2014
Pauline Sullivan
Delegate of the Secretary of the
Department of Infrastructure and Regional Development
RAT228-01
Overview
The Aviation Transport Security Act 2004 was enacted to provide for the security of civil aviation transport in Australia. The Act was introduced to address the need for comprehensive security measures in the aviation sector, particularly in light of global security concerns and the critical role of aviation in the economy and everyday life. This legislation was enacted by the Parliament of Australia, aiming to safeguard the nation’s aviation infrastructure against potential threats. The policy objective of the Act is to ensure that all necessary security measures are implemented to protect aircraft, passengers, and airport personnel, thereby maintaining the integrity and safety of the aviation transport system. The enactment of this Act reflects a commitment to upholding high standards of security within Australia’s aviation industry.
Scope and Application
The Aviation Transport Security Act 2004 applies to various entities, including airports, airlines, and other aviation industry participants, with a specific focus on ensuring the security of air transport in Australia. The Act's provisions govern the security arrangements at designated airports, aiming to safeguard the national airspace and mitigate risks associated with air transport. The Act applies to airports categorised by the Minister under the Act, including Category 6 security controlled airports like Onslow Airport, which has been assigned this classification through a notice issued by the General Manager, Transport Security Operations, under subsection 28(6) of the Act. The jurisdictional reach of this Act is national, extending to all airports within Australia that handle scheduled passenger air services. While the Act applies broadly, certain exclusions and exemptions may exist, particularly concerning smaller airports or specific types of flights, which can be further detailed in subordinate regulations such as the Aviation Transport Security Regulations 2005. These regulations often elaborate on the application of the Act, including the specific requirements for airport categorisation and the security measures applicable to different airport categories.
Key Provisions
The key provisions of the Aviation Transport Security Act 2004, as evidenced by the Notice Assigning Airport Categorisation for Onslow Airport, are outlined in section 28(6) (subsection 28(6)). This section allows the General Manager, Transport Security Operations, to assign an airport to a specific security category. Onslow Airport has been assigned as a Category 6 security controlled airport, as detailed in regulation 3.01B of the Aviation Transport Security Regulations 2005 (subsection 28(6)). This categorisation is a formal recognition of the airport's security status and delineates the specific security measures and requirements applicable to it.
The Act imposes various obligations and requirements on the parties and entities governed by it, particularly those pertaining to the assigned security category. For a Category 6 airport such as Onslow Airport, these obligations include the implementation of stringent security protocols, regular audits, and adherence to the specific security measures outlined in the Act and its accompanying regulations. This ensures that the airport maintains a high level of security to protect against potential threats to aviation safety.
Breaches of the obligations and requirements set out in the Aviation Transport Security Act 2004 can lead to serious offences, penalties, and civil or criminal consequences. The Act provides for a range of potential penalties, which may include substantial fines and imprisonment for individuals or corporations found guilty of serious security breaches. For instance, under section 212 of the Act, a person who contravenes a direction by the Secretary can be subject to a penalty of up to $10,000, while under section 215, a person found guilty of an offence against the Act can face imprisonment for up to two years, a fine of up to $21,000, or both. These penalties are designed to enforce compliance and deter non-compliance with the stringent security measures mandated by the Act.