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

Overview

The Aviation Transport Security Act 2004 was enacted to address the growing need for stringent security measures within Australia's aviation transport sector. This Act was introduced by the Parliament of Australia to ensure that aviation security is maintained in a consistent and effective manner across the country, thereby protecting the public and enhancing the safety and security of air transport. The primary policy objective of the Act is to provide for the control of security at designated airports, including the establishment and management of security controlled airports and airside areas. The 2014 Notice of Declaration of Security Controlled Airport and Airside Area for Busselton Regional Airport, issued under the authority of the Act, serves as a practical application of the legislative framework established by the Act. This notice, published in the Commonwealth of Australia Gazette, revokes a previous declaration and re-establishes Busselton Regional Airport as a security controlled airport, thereby affirming the importance of maintaining robust security measures at this location. The notice also delineates the specific airside area for the airport, ensuring that security protocols are clearly defined and enforced. This administrative action is taken by the Regional Director, Transport Security Operations, under the auspices of the Department of Infrastructure and Regional Development, illustrating the collaborative effort between various government bodies to uphold the security provisions outlined in the Act.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons and entities involved in the aviation industry, specifically targeting the security of air transport to protect against acts of unlawful interference. The Act encompasses a broad range of entities including airlines, airports, aircraft operators, and other stakeholders involved in the air transport sector. Its jurisdictional reach is national, applying across the Commonwealth of Australia, thereby ensuring uniform security measures across all airports. The Act also extends its application through subordinate instruments, which can further define and refine the security protocols and measures required under the overarching legislation. Notably, certain exclusions and exemptions may apply, such as for private aircraft or operations that fall under specific regulatory oversight, but these are detailed within the subordinate legislation and regulations. This legislative framework is crucial in maintaining the integrity and safety of the Australian aviation system, ensuring compliance with international standards and protocols.

Key Provisions

The primary sections of the Aviation Transport Security Act 2004 (the Act) relevant to this Notice pertain to the declaration of security controlled airports and the establishment of airside areas. Section 28(2) allows the Regional Director to declare an airport as a security controlled airport, which mandates specific security measures for the protection of aviation transport. In this case, Section 28(2) is utilised to both revoke and declare the status of Busselton Regional Airport. Additionally, Section 29 enables the establishment of an airside area, which is an area within an airport where heightened security measures apply. This notice revokes the previous declaration (Notice A03657) and establishes new boundaries and an airside area for Busselton Regional Airport, as indicated in the attached map. The Act imposes several obligations on the parties and entities governed by it. These obligations include the requirement for Busselton Regional Airport to comply with all security measures and regulations as stipulated by the Act. This involves ensuring that the designated airside area is adequately secured and that appropriate measures are in place to prevent unauthorised access and potential security threats. The airport operator must also adhere to any additional security requirements that may be imposed by the Regional Director or other relevant authorities. Furthermore, any person or entity operating within the airside area must comply with the security protocols and regulations established under the Act. Failure to comply with the provisions of the Aviation Transport Security Act 2004 can result in significant legal consequences. The Act includes various offences and penalties for non-compliance, with the severity of the penalty depending on the nature and extent of the breach. For example, under Section 15 of the Act, a person who contravenes a security requirement may be subject to a fine of up to $22,200 for an individual or $111,000 for a body corporate. In more serious cases, a person who engages in conduct that endangers the safety of an aircraft or the security of an aviation facility can face imprisonment for up to 10 years. These penalties are designed to ensure that all parties subject to the Act take their security obligations seriously and adhere to the required standards to protect aviation transport.