Notice of Declaration of Security Controlled Airport and Airside Area – Albury Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to provide a comprehensive framework for securing Australia's aviation transport infrastructure against acts of unlawful interference. The Act was introduced to address the growing need for stringent aviation security measures in response to increasing global threats to civil aviation. It aims to ensure the safety and security of Australia's aviation system by imposing security obligations on persons who engage in activities at designated airports, including security controlled airports and airside areas. The policy objective of the Act is to safeguard the public and maintain the integrity of the aviation transport system by imposing stringent security requirements and penalties for non-compliance. The notice published in the Gazette on 12 February 2019 by Colin Sievers, Acting Director, Transport Security Operations, Aviation and Maritime Security Division, revokes the previous declaration of Albury Airport as a security controlled airport and re-declares it under the provisions of the Aviation Transport Security Act 2004. This re-declaration establishes the boundaries of Albury Airport and designates an airside area, reinforcing the security framework for the airport. The notice is effective upon its publication in the Gazette and remains in force until revoked in writing and subsequently published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to a broad range of persons, entities, and activities within the aviation industry, specifically focusing on ensuring the security of aviation transport in Australia. The Act's jurisdiction extends nationally, covering all airports and aircraft in the Commonwealth of Australia, including their associated airside areas. The Act mandates stringent security measures and requirements for entities operating within these areas to prevent security incidents that could compromise the safety of passengers and crew. It applies to airports designated as security controlled airports, which are those where the Minister determines that specific security measures are necessary for the protection of civil aviation. The Act allows for the revocation or establishment of security controlled airports and airside areas through notices published in the Gazette, as demonstrated by the recent notice concerning Albury Airport. The Act's provisions can be extended or modified through subordinate instruments, enabling the flexible implementation of security measures in response to evolving threats and operational needs. While the Act generally applies comprehensively, there are specific exclusions and exemptions that may apply to certain small or regional airports under certain conditions, as determined by the Minister.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) contains several key provisions relevant to the declaration of security controlled airports and the establishment of airside areas. Section 28(2) of the Act empowers the Acting Director, Transport Security Operations, Aviation and Maritime Security Division, to declare an airport as a security controlled airport and to revoke such a declaration. In this instance, Colin Sievers, as Acting Director, has revoked the previous declaration (Notice NTC-4770) regarding Albury Airport, which was published in the Gazette on 18 November 2014 (C2014G01883), and has issued a new declaration (Notice NTC-15761) that Albury Airport is now a security controlled airport, with specific boundaries detailed in the attached map. Additionally, section 29 of the Act allows for the establishment of an airside area at a security controlled airport, which in this case, is the area indicated on the map accompanying Notice NTC-15761. The obligations imposed by the Act on parties and entities governed by it are significant. When an airport is declared as a security controlled airport, it becomes subject to stringent security regulations designed to protect against acts of unlawful interference with civil aviation. The establishment of an airside area further delineates specific zones within the airport that are subject to heightened security measures. Any person or entity operating within these designated areas must comply with security protocols and regulations, which may include restrictions on access, baggage screening, and personnel vetting. The authorities have the right to inspect, monitor, and enforce compliance within these areas to ensure the safety and security of the aviation operations. Breaching the provisions of the Aviation Transport Security Act 2004 can lead to serious consequences. Offences under the Act may result in both civil and criminal penalties. For instance, knowingly violating security regulations within a security controlled airport or airside area could result in substantial fines or imprisonment. The maximum penalties vary depending on the nature and severity of the offence. For example, under section 167 of the Act, a person who contravenes a security direction can be liable for a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, for individual offenders. For corporate entities, the fines can be significantly higher, with penalties reaching up to 25,000 penalty units. These stringent measures underscore the importance of adhering to the Act's requirements to maintain aviation security.