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

Overview

The Aviation Transport Security Act 2004 was enacted to address the critical need for stringent security measures in Australian airports to protect against threats to civil aviation. This Act was passed by the Parliament of Australia, aiming to ensure the safety and security of aviation operations through comprehensive regulatory measures. The Act was introduced to fill the gap in security protocols by providing a legal framework that mandates security controls at designated airports to mitigate risks to air transport. This specific gazette notice, issued under the authority of the Act, revokes the previous declaration that designated Cairns Airport as a security controlled airport and re-establishes it with updated boundaries and a defined airside area. This action is taken by Robert Pugsley, a delegate of the Secretary of the Department of Infrastructure and Regional Development, as part of the ongoing efforts to adapt and enforce security measures in response to evolving threats and operational requirements. The notice underscores the policy objective of maintaining robust security standards at critical aviation infrastructure sites.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and persons involved in the aviation transport industry within Australia, particularly those operating within or in proximity to airports designated as security controlled airports. The Act establishes the regulatory framework for ensuring the security of aviation transport, including the designation of certain airports and their airside areas as security controlled. This legislation applies to the conduct and transactions within these designated areas to maintain stringent security standards and prevent potential threats to aviation safety. Geographically, the Act operates within the Commonwealth jurisdiction, ensuring a uniform approach to aviation security across the nation. The Act's application extends to revoking or establishing security controlled airports through subordinate instruments, as demonstrated by the revocation of Cairns Airport's previous security control designation and its re-establishment in this Notice. This regulatory flexibility allows the Act to adapt to changing security needs and airport operations. Notably, the Act does not specify exclusions or thresholds for its application but relies on the designation of specific airports and their airside areas to determine its scope. This Notice, effective from its publication in the Gazette, revokes the previous declaration and re-establishes Cairns Airport as a security controlled airport, outlining its boundaries and airside area as per the attached map.

Key Provisions

The notice issued under the Aviation Transport Security Act 2004 (the Act) revokes the previous declaration of Cairns Airport as a security controlled airport and establishes it anew with specific boundaries, as detailed in the attached map (subsection 28(2)). Additionally, the notice formally designates an airside area for Cairns Airport, which is also outlined in the attached map (section 29). This declaration and establishment of the airside area are effective upon publication in the Gazette. Under the Act, the obligations imposed on parties or entities governed by this notice include adherence to the specified boundaries and areas designated as security controlled and airside. These areas are crucial for the implementation of aviation security measures, ensuring that appropriate security protocols are observed within these zones. Compliance with the security requirements set forth by the Act is mandatory for all persons and entities operating within the defined security controlled airport and airside areas. Failure to comply with the provisions of the Act can result in various offences and penalties. While the notice itself does not specify penalties, the Act generally outlines serious consequences for non-compliance. Offences under the Act can lead to criminal charges, with potential penalties including substantial fines and imprisonment. For instance, under section 226, a person found guilty of an offence can be fined up to $22,200 for an individual and $111,000 for a body corporate, along with possible imprisonment terms. Additionally, civil penalties can be imposed, with maximum fines reaching up to $22,200 for individuals and $111,000 for bodies corporate as stipulated in section 227. These measures are designed to enforce compliance and ensure the safety and security of aviation transport operations.