Notice of Declaration of Security Controlled Airport and Airside Area - Alice Springs Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for comprehensive security measures to protect Australia’s aviation infrastructure from threats such as terrorism, sabotage, and other criminal activities. This legislation provides a framework for the implementation of security controls at airports and on aircraft, ensuring that the highest standards of safety and security are maintained. The Act was introduced by the Australian Parliament and its policy objective is to safeguard the aviation sector, thereby protecting passengers, crew, and the general public from potential risks. Through the establishment and revocation of security-controlled airports and airside areas, the Act allows for the flexible application of stringent security protocols in response to evolving threats and operational requirements. On 23 November 2012, Terasa Jane Cremer, as the Acting General Manager of Transport Security Operations in the Office of Transport Security within the Department of Infrastructure and Transport, issued a notice to revoke the previous declaration of Alice Springs Airport as a security controlled airport and to re-declare it with updated boundaries and an established airside area. This action was taken under the authority granted by subsection 28(2) of the Aviation Transport Security Act 2004, ensuring that the airport continues to be subject to the necessary security measures as outlined in the Act. The notice, published in the Commonwealth of Australia Gazette, remains in effect until formally revoked and republished in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to individuals and entities involved in the aviation industry within Australia, particularly focusing on security measures at airports and airside areas. This legislation mandates the establishment and enforcement of security controls to safeguard the aviation sector from potential threats. The Act's jurisdiction spans the entire Commonwealth of Australia, and it includes provisions that can be extended or restricted through subordinate instruments, which provide further detail and specific regulations for implementation. In the context of Alice Springs Airport, the Act allows for the declaration of the airport as a security controlled airport and the establishment of an airside area, which are critical for ensuring the safety and security of air travel. This declaration and establishment are subject to revocation and amendment, as evidenced by the notice revoking the previous declaration and re-establishing the airport under current security controls. The Act's application is comprehensive, covering all relevant persons and entities within the specified geographic scope, with no explicit exclusions or exemptions mentioned in the provided text.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) primarily addresses the security of aviation transport in Australia. Section 28(2) of the Act allows the Secretary to designate airports as security controlled airports and to establish airside areas within those airports. Alice Springs Airport has been designated as a security controlled airport under this section, as evidenced by the Notice of Declaration issued by Terasa Jane Cremer, Acting General Manager of Transport Security Operations (section 28(2)). This declaration not only identifies Alice Springs Airport as a security controlled airport but also clearly defines its boundaries through an attached map that is part of the notice. Additionally, the notice establishes the airside area of Alice Springs Airport, which is also delineated on the attached map in accordance with section 29 of the Act. The notice, dated 23 November 2012, revokes a previous declaration (Gazette No. GN 8, 2 March 2005) and becomes effective upon publication in the Gazette. The Act imposes specific obligations on the entities and individuals operating within the security controlled airport and its airside area. Operators, including airlines, ground handling agents, and other service providers, are required to comply with the security measures outlined by the Secretary. These measures are designed to protect the integrity of aviation transport and the safety of passengers, crew, and airport staff. The Secretary has the authority to issue security directives and regulations that must be adhered to by all parties operating within the security controlled airport. Compliance with these directives is crucial for maintaining the security standards set forth by the Act. Breaches of the obligations and requirements imposed by the Act can result in serious consequences. Section 30 of the Act outlines offences related to non-compliance with security directives, including fines and imprisonment. The maximum penalty for individuals found guilty of an offence under section 30 is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both. For corporations, the maximum penalty can be significantly higher, reaching up to 25,000 penalty units. These penalties underscore the importance of strict adherence to the security protocols established by the Act. Failure to comply not only risks these financial and criminal penalties but also potentially endangers the safety and security of the aviation transport system.