Aviation Transport Security Act 2004
NOTICE ASSIGNING AIRPORT CATEGORISATION – ONSLOW AIRPORT
I, PAULINE SULLIVAN, General Manager, Transport Security Operations, Office of
Transport Security, under subsection 28(6) of the Aviation Transport Security Act 2004:
REVOKE Notice NTC-4683 which assigned Onslow Airport as a Category 6 security
controlled airport, as published in the Gazette C2014G01834; and
ASSIGN Onslow Airport as a Category 3 security controlled airport, as further defined
under regulation 3.01B of the Aviation Transport Security Regulations 2005.
This Notice comes into force on 6 July 2015 and remains in force unless otherwise revoked
in writing.
Date: 26 June 2015
Pauline Sullivan
Delegate of the Secretary of the
Department of Infrastructure and Regional Development
RAT227-01
Overview
The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures in the aviation sector to protect against acts of unlawful interference and other security threats. The Act established a comprehensive framework for aviation security, including the categorisation of airports based on their security risk profiles and the imposition of corresponding security measures. The policy objective of the Act is to ensure the safety and security of air transport and passengers through effective regulatory oversight and enforcement.
In the context of the legislative instrument provided, Pauline Sullivan, as the General Manager of Transport Security Operations under the Department of Infrastructure and Regional Development, utilised her authority under the Act to revoke a previous notice that had categorised Onslow Airport as a Category 6 security controlled airport. This decision was made to reflect an updated assessment of the airport's security risks, resulting in its reclassification as a Category 3 security controlled airport, effective from 6 July 2015. This change aligns with the overarching goal of the Act to maintain and adapt security measures in response to evolving threats and conditions in the aviation sector.
Scope and Application
The Aviation Transport Security Act 2004 applies to all aspects of aviation transport security within Australia, encompassing various entities such as airports, airlines, and other aviation-related businesses. It is designed to ensure the safety and security of air travel, imposing obligations and restrictions on these entities to protect against potential threats. The Act extends to all airports in Australia, regardless of their size or location, ensuring a uniform standard of security across the country. Notably, the Act includes provisions for the classification of airports into different security categories, which determine the specific security measures required at each airport. This categorisation process is governed by the Act and further detailed in the Aviation Transport Security Regulations 2005. Certain exclusions and exemptions may apply, particularly for smaller or less frequently used airports, but these are defined within the legislative framework. The Act can also be extended or modified through subordinate instruments, allowing for adjustments to security measures as necessary in response to emerging threats or changes in the aviation landscape.
Key Provisions
The key operative sections of the Aviation Transport Security Act 2004 in this notice pertain to the classification of airports based on security risk (subsection 28(6)). This particular notice, NTC-8592, revokes the previous notice (NTC-4683) which had designated Onslow Airport as a Category 6 security controlled airport (subsection 28(6)). Instead, it assigns Onslow Airport as a Category 3 security controlled airport, as defined under regulation 3.01B of the Aviation Transport Security Regulations 2005. This change in classification is effective from 6 July 2015 and will remain in force unless revoked in writing by the appropriate authority.
The obligations and requirements imposed by this Act on the parties or entities governed by it involve ensuring that the security measures implemented at Onslow Airport align with the new Category 3 classification. This would include adhering to the specific security protocols and regulations outlined in the Aviation Transport Security Regulations 2005. Such measures might involve updating security procedures, ensuring staff are appropriately trained, and maintaining the necessary infrastructure to meet the new security requirements.
In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline specific criminal or civil penalties within this notice. However, any failure to comply with the designated security measures for Category 3 airports could potentially lead to enforcement actions by the Transport Security Operations, which might include fines, legal proceedings, or further regulatory measures to ensure compliance. The severity of penalties would depend on the nature and extent of the non-compliance, and would be in line with the overarching provisions of the Aviation Transport Security Act 2004 and related regulations.