Notice of Declaration of Security Controlled Airport and Airside Area – Broome International Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for enhanced security measures in the aviation sector, aiming to prevent acts of unlawful interference with civil aviation. This Act was established by the Parliament of Australia to safeguard the national airspace and to ensure the security of aviation operations. The policy objective of the Act is to provide a comprehensive framework for the regulation and enforcement of security measures in relation to civil aviation. This includes the designation of security controlled airports and the establishment of airside areas, which are critical for enforcing security protocols and protecting against potential threats. The Act empowers the Director, Transport Security Operations, to declare certain airports as security controlled and to define the boundaries of airside areas, as demonstrated by the revocation and re-declaration of Broome International Airport in 2019. This legislative framework is essential for maintaining the integrity and safety of Australia's aviation infrastructure.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) pertains to the security of aviation transport in Australia and applies to entities and individuals involved in the operation of airports and air transport services. It specifically governs the security of Commonwealth airports, aircraft, and air transport services, thereby impacting airlines, airport operators, and other aviation-related entities. The geographic reach of the Act extends to the Commonwealth jurisdiction, thereby impacting airports and air services that are federally controlled. The Act allows for the declaration of security-controlled airports and the establishment of airside areas, which are designated zones where access is restricted to authorised personnel to enhance aviation security. In this instance, Broome International Airport has been declared a security-controlled airport, and an airside area has been established, as evidenced by the Notice published in the Gazette. The Act allows for the revocation of such declarations through subordinate instruments, which can be exercised by the Director, Transport Security Operations, as demonstrated in the revocation of Notice NTC-15842 and the subsequent declaration under Notice NTC-16642. This Notice is effective immediately upon publication in the Gazette and remains in force until revoked in writing and republished in the Gazette.

Key Provisions

The key operative sections of the notice NTC-16642, published under the Aviation Transport Security Act 2004, revolve around the revocation and re-declaration of Broome International Airport as a security controlled airport and the establishment of its airside area. Under subsection 28(2) of the Act, the notice revokes the previous declaration (NTC-15842) and re-declares Broome International Airport as a security controlled airport, as per the maps attached to the notice (sections 28(2) and 29). This means that the airport must adhere to stringent security measures to ensure the safety of passengers and aircraft. The obligations and requirements imposed by this Act on parties or entities it governs are extensive. Broome International Airport, now a security controlled airport, must comply with the security regulations stipulated under the Act. This includes ensuring that only authorised personnel and vehicles are allowed in the airside area, implementing security checks, and maintaining constant surveillance to prevent any security breaches. The airport must also ensure that any entity operating within the airside area follows the prescribed security protocols. The notice also outlines the consequences for non-compliance with the Act's provisions. Any breach of the security regulations can result in civil or criminal penalties. While the specific penalties are not detailed in the notice, the Act generally provides for hefty fines and potential imprisonment for severe violations. The maximum penalties under the Act can reach up to $22,200 or imprisonment for up to two years, or both, depending on the severity of the breach. These penalties underscore the importance of strict adherence to the security protocols at Broome International Airport.