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

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the security of Australia's aviation transport system, addressing the need for comprehensive measures to protect against acts of unlawful interference with civil aircraft and to enhance the security of airports and aircraft. This Act was enacted by the Parliament of Australia, reflecting a policy objective to safeguard the nation's aviation infrastructure and the people who use it. The Act provides the legal framework for the implementation of security measures, including the declaration of security controlled airports and the establishment of airside areas where stringent security controls are enforced. This specific Gazette notice from 2017, issued by Steven Weber, a delegate of the Secretary of the Department of Infrastructure and Regional Development, revokes a previous declaration regarding Broome International Airport and re-establishes it as a security controlled airport. The notice sets out the new boundaries of the airport and the airside area, ensuring that the appropriate security measures are in place to protect against potential threats. This action is in accordance with the provisions of the Act, which allows for the dynamic adjustment of security controls based on current risk assessments and operational needs.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person, aircraft, aircraft operator, or entity involved in any conduct or transaction that could impact the security of aviation transport within Australia. This Act has a national reach and encompasses the Commonwealth, states, and territories, establishing a cohesive legislative framework to safeguard against threats to aviation security. The Act sets out various security measures that must be adhered to by the relevant parties, ensuring the protection of the aviation sector against acts of unlawful interference. Exclusions and exemptions are outlined within the Act, and its application can be extended or restricted through subordinate instruments such as regulations and notices. For instance, the Act may exempt certain small aircraft or domestic flights from certain stringent security measures if they are deemed to pose a minimal risk. The revocation of a previous notice, such as Notice NTC-9974, and the subsequent declaration of Broome International Airport as a security controlled airport under the Act, exemplifies how the Act's scope can be modified to reflect changing security needs and assessments.

Key Provisions

The main operative sections of the Aviation Transport Security Act 2004 (the Act) in this context involve the revocation and re-declaration of Broome International Airport as a security controlled airport under sections 28(2) and the establishment of an airside area under section 29. The Director, Transport Security Operations, has revoked the previous declaration of Broome International Airport as a security controlled airport, which was published in the Gazette C2015G02029 on 9 December 2015. This revocation is effective from the date of publication of this new notice in the Gazette. In place of the previous declaration, the Director has now declared Broome International Airport as a security controlled airport and has also established an airside area for the airport, as per the map attached to this notice. This new declaration and establishment are also effective from the date of publication in the Gazette. The obligations and requirements imposed by the Act on the parties or entities governed by it include the need for the Director to manage and control security measures at airports declared as security controlled airports. This involves ensuring that the security measures comply with the provisions of the Act and any associated regulations. The Director must also ensure that the boundaries of the security controlled airport and the airside area are clearly defined, as specified in the attached map. These obligations are critical for maintaining the security of the aviation transport system and protecting the public from potential threats to air transport. The Act outlines various offences, penalties, and civil or criminal consequences for breach of its provisions. While the specific penalties are not detailed in this notice, under the general provisions of the Act, breaches can lead to significant penalties. For instance, offences under the Act can result in fines and, in serious cases, imprisonment. The maximum penalties depend on the nature and severity of the offence, and they can vary widely. For example, offences that involve endangering the safety of an aircraft or passengers can result in more severe penalties, potentially including lengthy imprisonment terms. The Act also provides for civil remedies, which can include compensation for damages caused by breaches of the Act. In conclusion, the Director’s actions in revoking and re-declaring Broome International Airport as a security controlled airport, and establishing an airside area, are crucial for maintaining the integrity of Australia’s aviation security framework. The obligations under the Act ensure that stringent security measures are implemented and enforced, while the potential penalties serve as a deterrent against non-compliance. The clear definition of the airport’s boundaries and airside area is essential for effective security management and compliance with the Act.