Notice of Declaration of Security Controlled Airport and Airside Area – Busselton-Margaret River Regional Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures in the aviation industry, ensuring the safety of passengers, crew, and aircraft. This legislation was introduced to fill the gap in security provisions for aviation transport and to align Australia's aviation security measures with international standards. The policy objective of the Act is to protect the public and critical infrastructure from acts of unlawful interference with civil aviation. The Act grants the Director, Transport Security Operations, the authority to designate airports and their airside areas as security controlled, which allows for the implementation of specific security measures to mitigate risks. This authority is exercised through notices published in the Commonwealth of Australia Gazette, as exemplified by the recent revocation and redeclaration of Busselton-Margaret River Regional Airport as a security controlled airport.

Scope and Application

The Aviation Transport Security Act 2004 applies to the aviation industry and specifically to entities and individuals who operate within or interact with security controlled airports and their airside areas. This legislation is enacted at the Commonwealth level and therefore has national jurisdiction across Australia, ensuring uniform standards of aviation security throughout the country. The Act imposes stringent security measures on designated airports, ensuring that all persons and entities involved in the aviation process comply with security protocols to safeguard against threats. Notably, the Act allows for the revocation and re-declaration of security controlled airports and their airside areas, as evidenced by the recent revocation of Busselton-Margaret River Regional Airport's status and its subsequent re-declaration. This revocation and re-declaration process is managed through subordinate instruments such as notices published in the Commonwealth of Australia Gazette, which serve to formally communicate changes in the security status of designated airports and their boundaries. While the Act broadly applies to all security controlled airports, specific exclusions or exemptions are not detailed in this notice but may be outlined in other sections of the Act or related regulations.

Key Provisions

The Aviation Transport Security Act 2004 outlines several key provisions concerning the security of airports and airside areas. Section 28(2) allows the Director, Transport Security Operations, to declare or revoke the status of an airport as a security controlled airport. In the present case, Michelle Cozadinos, as the Director, has exercised this authority to revoke the previous declaration of Busselton-Margaret River Regional Airport as a security controlled airport (subsection 28(2)) and has subsequently declared it as such again (subsection 28(2)). The boundaries of the airport and its airside area are detailed in an attached map, which is considered part of the notice. Additionally, section 29 of the Act empowers the Director to establish an airside area for a security controlled airport, which has been done for Busselton-Margaret River Regional Airport as shown on the map. The Act imposes several obligations on the parties involved. The Director, Transport Security Operations, must ensure that the security requirements for the declared security controlled airport and its airside area are met. This includes implementing appropriate security measures and procedures to protect against unlawful interference with aircraft and other security threats. The airport operator, in this case, the entity responsible for managing Busselton-Margaret River Regional Airport, must comply with these security requirements. This includes adhering to any specific security measures prescribed by the Director and ensuring that all personnel and activities within the airside area comply with the Act. Failure to comply with the provisions of the Act can result in serious consequences. Section 34 of the Act outlines the potential penalties for various offences, including fines and imprisonment. Specifically, for contravening a direction made under the Act, a person can be fined up to 5,000 penalty units or imprisoned for up to two years, or both (subsection 34(1)). Furthermore, any person who obstructs an authorised officer in the execution of their duties under the Act can be fined up to 2,500 penalty units or imprisoned for up to six months, or both (subsection 34(2)). These penalties underscore the importance of compliance with the Act and the potential repercussions for non-compliance. In summary, the Aviation Transport Security Act 2004 provides the framework for the declaration and management of security controlled airports and their airside areas. The Director, Transport Security Operations, has the authority to declare or revoke the status of an airport and establish an airside area. Both the Director and the airport operator have specific obligations to ensure compliance with security requirements. Failure to comply can result in significant penalties, including fines and imprisonment. The attached map and the notice published in the Gazette detail the boundaries of the security controlled airport and its airside area for Busselton-Margaret River Regional Airport.