Notice of Declaration of Security Controlled Airport and Airside Area - Cairns Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a framework for the security of aviation transport, particularly in relation to the prevention of acts of unlawful interference with civil aircraft. The Act was introduced to address the growing need for stringent security measures in the aviation sector to protect against terrorism and other threats to air travel. The policy objective of the Act is to enhance the security of civil aviation and to ensure that appropriate measures are in place to safeguard the integrity of the aviation system. Through the revocation of a previous notice and the issuance of a new one, the Director of Transport Security Operations, on behalf of the Secretary of the Department of Infrastructure and Regional Development, has declared Cairns Airport as a security controlled airport and established an airside area, as per the provisions of the Act. This action is intended to maintain the security protocols necessary for the protection of aviation operations at the airport.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation of security at designated security controlled airports in Australia, ensuring the safety of aviation transport. This legislation applies to the persons and entities involved in activities at these airports, particularly those responsible for security measures. The Act also governs the conduct and transactions related to the operation of security controlled airports and airside areas, imposing obligations on airlines, airport operators, and other relevant parties to comply with specified security standards. Geographically, the Act extends its jurisdiction across the Commonwealth of Australia, impacting both state and territory levels by setting national security benchmarks for aviation. However, the Act allows for exclusions and exemptions, often determined through subordinate instruments that can adapt the application of the legislation to specific circumstances or sectors. In the case of Cairns Airport, the Act delineates its airside area and revokes previous declarations, ensuring the continuous application of updated security protocols. This legislative framework ensures that security measures at Australian airports are consistently enforced and adapted to meet evolving security challenges.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) sets out various provisions for the security of aviation transport, including the declaration and control of security at airports. Section 28(2) of the Act empowers the Director, Transport Security Operations, to declare an airport as a security controlled airport and to establish an airside area. This process is formalised in the Notice issued by Robert Pugsley, the Director of Queensland Transport Security Operations, on 4 April 2016, published in the Gazette C2016G00462. The Notice revokes the previous declaration (NTC-5339) published on 29 January 2015 and re-establishes Cairns Airport as a security controlled airport, with the boundaries of the airport and its airside area defined in the attached map, which is part of the Notice. The obligations imposed by the Act on parties and entities governed by it include the requirement for airports to maintain stringent security measures, as outlined in the Act and further detailed by the Department of Infrastructure and Regional Development. This encompasses the establishment of security protocols, the management of access to restricted areas, and the implementation of measures to prevent unauthorised access or activities within the declared airside area. Compliance with these obligations is crucial to ensuring the safety and security of aviation transport and must be upheld by all relevant stakeholders. Failure to comply with the provisions of the Act can lead to various consequences. Section 32 of the Act outlines that any person who contravenes a provision of the Act is subject to penalties. These penalties can include fines and, in severe cases, imprisonment. The specific penalties are determined by the nature and severity of the breach. For example, serious breaches may incur fines of up to $22,200 for individuals and significantly higher amounts for corporations, with additional penalties for repeated offences. In cases of criminal conduct, the court may impose imprisonment for up to five years for serious offences. The Notice ensures that these legal consequences are applicable to any breach of the security provisions at Cairns Airport, reinforcing the importance of adherence to the established regulations.