Notice of Declaration of Security Controlled Airport and Airside Area - Broken Hill Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports and on aircraft to protect against acts of unlawful interference. This legislation was introduced by the Australian Parliament to bolster the nation's aviation security framework in response to the growing threat of terrorism and other security risks. The policy objective of the Act is to ensure that appropriate security measures are in place to safeguard the safety of passengers, aircraft, and airport infrastructure. This particular gazette notice, issued by Celia Medley, the Director of Transport Security Operations within the Department of Infrastructure and Regional Development, serves to revoke the previous declaration of Broken Hill Airport as a security controlled airport and to re-declare it under the provisions of the Act. This re-declaration and the establishment of a new airside area at Broken Hill Airport aim to align the airport's security status with current security requirements and regulatory standards.

Scope and Application

The Aviation Transport Security Act 2004 applies to various persons and entities within the scope of aviation transport security, including airports and aircraft operators, and it encompasses the conduct and transactions that may impact aviation security. The Act is of national jurisdiction, operating across the Commonwealth of Australia, including its states, territories, and external territories. The legislation includes provisions for declaring airports as security controlled, which includes setting boundaries and establishing airside areas, as seen in the revocation and subsequent declaration of Broken Hill Airport as a security controlled airport. This is evidenced by the Notice of Declaration of Security Controlled Airport and Airside Area issued by Celia Medley, the Director of Transport Security Operations, on 22 September 2017. The Act's application can be extended or restricted through subordinate instruments, which may specify additional details or conditions related to security control at declared airports. Notably, this Act does not detail specific exclusions or thresholds in the provided text but rather focuses on the procedural aspects of airport security control declarations.

Key Provisions

The key provisions of the Aviation Transport Security Act 2004 (the Act) include sections 28 and 29, which pertain to the declaration and establishment of security controlled airports and airside areas. Under section 28(2), the Director, Transport Security Operations, has the authority to revoke or declare an airport as a security controlled airport, with these declarations being published in the Gazette. The notice issued by Celia Medley, Director, Transport Security Operations, under section 28(2) revokes the previous declaration of Broken Hill Airport as a security controlled airport, which was listed in the Gazette (No. GN 8, 2 March 2005 as S28/2005001 Line 48). The same subsection permits the declaration of Broken Hill Airport as a security controlled airport, with the boundaries of the airport being detailed in an attached map that forms part of this notice. Concurrently, section 29 of the Act empowers the Director to establish an airside area for the airport, as indicated on the attached map. This notice becomes effective upon its publication in the Gazette. The Act imposes several obligations on the entities it governs. Firstly, it mandates that the Director, Transport Security Operations, must ensure that any declaration or revocation of a security controlled airport or airside area is formally published in the Gazette. This ensures transparency and legal clarity regarding the security status of airports and their airside areas. Additionally, the Director is required to delineate the exact boundaries of these areas, which must be visually represented in an accompanying map. These obligations are crucial for maintaining the security and regulatory framework around aviation transport in Australia. Failure to comply with the requirements set out in the Act can lead to various legal consequences. While the specific offences and penalties are not detailed in the notice, the Act itself outlines a range of potential sanctions for breaches of its provisions. These may include fines and imprisonment, depending on the severity and nature of the violation. The maximum penalties are not specified in the notice but can be found in the relevant sections of the Act, ensuring that there are clear deterrents against non-compliance. This structured approach to enforcement helps to uphold the integrity of Australia's aviation security regulations.