Notice of Declaration of Security Controlled Airport and Airside Area - Albury City Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures in the aviation industry, ensuring the safety and security of passengers, aircraft, and airport operations across Australia. This legislation was introduced by the Australian Parliament to establish a comprehensive framework for the security of aviation transport, including the regulation of security at airports. The policy objective of the Act is to provide for measures to protect civil aviation and aircraft from acts of unlawful interference, thereby contributing to national security and the safety of air travel. The Act empowers the Minister for Infrastructure and Transport to designate certain airports as security controlled airports and to establish airside areas where specific security measures must be implemented. This legal instrument facilitates the effective implementation of aviation security protocols by designating areas requiring heightened security controls. On 12 November 2014, Terasa Cremer, acting General Manager of Transport Security Operations in the Office of Transport Security, published a notice in the Commonwealth of Australia Gazette, revoking the previous declaration that Albury City Airport was a security controlled airport and subsequently re-declaring it as such. This action aligns with the provisions of the Aviation Transport Security Act 2004, which allows for the re-establishment of security controls at specified airports to adapt to changing security needs and ensure the continued safety and security of air travel. The notice includes the establishment of an airside area for Albury City Airport, defined by the attached map, which outlines the specific boundaries and areas subject to the enhanced security measures mandated by the Act.

Scope and Application

The Aviation Transport Security Act 2004, which applies throughout the Commonwealth of Australia, governs the security of aviation transport and the measures to be implemented at designated airports to ensure the safety and security of passengers, aircraft, and airport operations. This Act applies to persons, entities, and industries involved in aviation transport, including airlines, airport operators, and individuals working in or around airports. It encompasses the conduct and transactions that directly impact aviation security, such as the control and management of airport airside areas, which are critical zones where security measures are stringently enforced. The Act's scope extends to revoking and establishing declarations regarding security controlled airports and their airside areas, as demonstrated by the revocation and subsequent declaration of Albury City Airport. Any exclusions, exemptions, or thresholds are specified within the Act or through subordinate instruments, which provide additional detail and operational guidelines to ensure compliance with the overarching legislative intent.

Key Provisions

The primary operative sections of this Notice include the revocation of Notice s28/2010 033, which previously declared Albury City Airport as a security controlled airport (subsection 28(2)). This revocation is coupled with a new declaration under the same subsection, establishing Albury City Airport as a security controlled airport and defining its boundaries through an attached map. Furthermore, the Notice establishes an airside area for Albury City Airport, delineating this area on the same map that defines the airport’s boundaries (section 29). This Notice is published in the Gazette and takes effect upon its publication. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the declaration of Albury City Airport as a security controlled airport means that stringent security measures must be implemented and maintained within the defined airport boundaries. These measures are designed to protect against threats to aviation security. Secondly, the establishment of the airside area requires that additional security protocols and controls be enforced specifically within this designated area, ensuring that all activities and access are closely monitored and regulated. These obligations ensure that the airport complies with the security standards set forth by the Act. In terms of offences and penalties, the Act does not explicitly detail the specific penalties for breaches of security measures within a security controlled airport and its airside area. However, general provisions under the Act likely imply that any breach of these security requirements could lead to criminal or civil consequences. For criminal offences, the penalties could include fines and imprisonment, with the exact penalties depending on the nature and severity of the breach. For civil offences, penalties might include fines or other financial penalties, again determined by the specifics of the case and the severity of the breach. It is essential for all governed parties to adhere strictly to the security measures to avoid these potential consequences.