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

Overview

The Aviation Transport Security Act 2004 was enacted to establish a national framework for the security of civil aviation and to provide for the security of aircraft, airports, and other aviation-related activities. The Act was introduced to address the need for a coordinated and comprehensive approach to aviation security in Australia, following heightened global concerns about the safety and security of air travel. The enacting body was the Parliament of Australia, with the objective of enhancing the security measures to protect passengers, crew, and the public against acts of unlawful interference with civil aircraft. This Act empowers the Australian Government to implement stringent security protocols and regulations at airports and other aviation facilities to mitigate potential threats. On 19 June 2013, a Notice was published in the Gazette, revoking the previous declaration of Brisbane Airport as a security controlled airport and re-declaring it under the provisions of the Act. This action was taken by Pauline Margaret Sullivan, the General Manager of Transport Security Operations at the Department of Infrastructure and Transport, to reaffirm and update the security parameters for Brisbane Airport. The Notice specifies the new boundaries of the airport and establishes an airside area, ensuring that the security measures are clearly defined and enforced. This re-declaration aims to maintain the high standards of aviation security and comply with international standards set by the International Civil Aviation Organization.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to various entities and individuals involved in aviation activities within Australia, including airports, airlines, and their employees. This Act establishes the legal framework for ensuring the security of air transport, specifically targeting security-controlled airports and airside areas where sensitive operations occur. The Act applies to all entities operating at these designated airports, including both domestic and international airlines, and mandates that they adhere to stringent security measures to safeguard against potential threats. The geographic reach of the Act is national, covering all security-controlled airports throughout Australia, as identified and declared under the Act. Exemptions and thresholds may apply, with specific conditions and requirements outlined in subordinate instruments. The Act's provisions can be extended or restricted through additional regulations, which may detail particular security protocols or operational standards that must be met. This specific notice revokes a previous declaration concerning Brisbane Airport and re-establishes it as a security-controlled airport, ensuring continued adherence to the stringent security requirements mandated by the Act.

Key Provisions

The main operative sections of this notice under the Aviation Transport Security Act 2004 include the revocation of the previous declaration of Brisbane Airport as a security controlled airport, the re-declaration of Brisbane Airport as such, and the establishment of an airside area for Brisbane Airport. Specifically, section 28(2) of the Act is used to revoke Notice A03849, while the same section is used to declare Brisbane Airport as a security controlled airport and establish its airside area. Section 29 of the Act is referenced in relation to the establishment of the airside area. The boundaries of the security controlled airport and the airside area are illustrated on the attached map, which is made part of this notice. This notice commences upon publication in the Gazette and remains in force until it is revoked in writing and subsequently published in the Gazette. The obligations and requirements imposed by this notice on parties and entities governed by the Act include the adherence to the newly established boundaries of Brisbane Airport as a security controlled airport and the airside area. Any entity operating within these boundaries must comply with the security measures and regulations stipulated under the Act. This includes ensuring that all personnel and activities within the airside area are subject to the relevant security protocols and that the infrastructure within these areas is maintained to the required standards. The declaration and establishment of the airside area also impose a duty on the relevant authorities to enforce compliance and to monitor the activities within these zones to prevent any security breaches. The Act provides for various offences and penalties for breaches of its provisions. For instance, unauthorised entry into a security controlled airport or airside area can result in criminal charges, with potential penalties including fines and imprisonment. The Act also allows for civil penalties, such as substantial fines, for breaches related to the operation of the airport or the management of the airside area. The maximum penalties for these offences can vary depending on the severity and nature of the breach, but they are designed to ensure strict adherence to the security requirements outlined in the Act. The enforcement of these penalties is intended to maintain the high standards of aviation security and to protect the interests of the public and the aviation industry.