Notice of Declaration of Security Controlled Airport and Airside Area – Bathurst Regional Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for robust security measures at Australian airports to protect against acts of unlawful interference with aircraft and to safeguard people and property within the airport perimeter. The Act was introduced to fill a critical gap in ensuring the security of civil aviation, aligning Australia with international standards and protocols for aviation security. The policy objective of the Act is to prevent and mitigate risks to aviation security through the establishment and enforcement of security measures at designated airports. This includes the authority to declare certain airports as security controlled and to establish airside areas that are subject to specific security regulations. The Act provides the framework for the enforcement of these security measures and the imposition of penalties for non-compliance.

Scope and Application

The Aviation Transport Security Act 2004 applies to aviation transport security in Australia, encompassing both federal and state jurisdictions. The Act regulates the security of airports, aircraft, and airside areas to ensure the safety of air transport. It applies to any person or entity involved in the provision of services at a security controlled airport, including airlines, airport operators, and security service providers. The Act's geographic reach extends across the Commonwealth of Australia, affecting all airports designated as security controlled under the Act, such as Bathurst Regional Airport in this instance. This particular notice revokes a previous declaration and re-establishes Bathurst Regional Airport as a security controlled airport, setting specific boundaries for the airport and defining the airside area. The application of the Act is further extended and specified through subordinate instruments and notices, such as this one, which provide detailed definitions and operational requirements for compliance. The Act does not provide specific exclusions or exemptions but rather establishes a regulatory framework that must be adhered to within its jurisdiction.

Key Provisions

The key sections of the Notice under the Aviation Transport Security Act 2004 (the Act) include section 28, which outlines the authority to declare an airport as a security controlled airport, and section 29, which allows for the establishment of an airside area. Specifically, section 28(2) of the Act allows the Regional Director, Transport Security Operations, to declare an airport as a security controlled airport and to revoke such a declaration. In this instance, the Notice revokes the previous declaration of Bathurst Regional Airport as a security controlled airport (Notice s28/2010 017) and re-declares it under the same provisions. Section 29 of the Act enables the establishment of an airside area for the airport, which is delineated in the attached map accompanying this Notice. The obligations imposed by this Notice on the parties and entities governed by the Act include compliance with the security requirements applicable to a security controlled airport and its airside area. This means that Bathurst Regional Airport must adhere to specific security measures to ensure the safety and security of aircraft and passengers. The entities responsible for implementing and enforcing these measures, such as airport operators, airlines, and other relevant stakeholders, must ensure they follow the security protocols as outlined by the Act and any subsequent regulations or guidelines issued by the Department of Infrastructure and Regional Development. Failure to comply with the provisions of the Act, including the security requirements for a security controlled airport and its airside area, can lead to various consequences. Section 302 of the Act provides that a person who contravenes any provision of the Act is liable to a penalty. The maximum penalty for an individual is 500 penalty units, which equates to approximately AUD 55,000, or for a body corporate, the maximum penalty is 2,500 penalty units, which equates to approximately AUD 275,000. Additionally, ongoing non-compliance or repeated breaches can result in further enforcement actions, including legal proceedings, which may lead to higher penalties or other civil and criminal consequences as deemed appropriate by the courts. The Notice also specifies that it remains in force until revoked in writing and upon subsequent publication in the Gazette. This ensures that any changes to the status of Bathurst Regional Airport as a security controlled airport and the boundaries of its airside area are formally communicated and legally binding. The attached map is integral to this Notice, as it visually represents the boundaries of the airport and the airside area, providing clarity and specificity to the requirements imposed by the Act.