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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for enhanced security measures in Australia's aviation sector, particularly in the context of preventing terrorist acts and other security threats. This Act was introduced by the Commonwealth Parliament, reflecting a national policy objective to ensure the safety and security of the Australian aviation transport system. The 2014 Notice of Declaration of Security Controlled Airport and Airside Area for Cairns Airport, issued by Pauline Margaret Sullivan as a delegate of the Secretary of the Department of Infrastructure and Regional Development, demonstrates the practical application of the Act. The Notice revokes a previous declaration concerning Cairns Airport and re-establishes it as a security controlled airport, specifying the boundaries and airside area of the airport. This re-declaration underscores the ongoing commitment to maintaining stringent security protocols in line with the Act's overarching policy objective to safeguard aviation transport security in Australia.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in the aviation industry, including airports, aircraft operators, and persons who may engage in activities affecting aviation security. The Act specifically designates Cairns Airport as a security controlled airport, encompassing the airport premises and the airside area as defined by the attached map in the Notice. This legislative measure extends its jurisdictional reach throughout the Commonwealth of Australia, with specific declarations and revocations made by authorised delegates of the Department of Infrastructure and Regional Development. The Act outlines procedures for declaring and revoking the status of airports as security controlled areas, thereby establishing the parameters and security measures applicable to these designated sites. Exclusions or exemptions within the Act are subject to the terms of subordinate instruments, which can extend or restrict the application of the Act. The Notice revoking and re-declaring Cairns Airport as a security controlled airport, along with the establishment of its airside area, highlights the Act's dynamic nature in adapting to changing security needs and operational requirements in the aviation sector.

Key Provisions

The main operative sections of the Aviation Transport Security Act 2004 (the Act) that pertain to this Notice are sections 28 and 29. Section 28(2) empowers the General Manager, Transport Security Operations, to revoke or declare an airport as a security controlled airport. Section 29 allows for the establishment of an airside area within a security controlled airport, as defined by the attached map. This Notice revokes the previous declaration for Cairns Airport and establishes it anew as a security controlled airport with specified boundaries for its airside area. The Act imposes specific obligations and requirements on the parties and entities governed by it. Firstly, the General Manager, Transport Security Operations, is required to ensure that the security measures at Cairns Airport meet the standards set by the Act. This includes implementing and maintaining adequate security protocols and controls. Secondly, the operators of Cairns Airport must cooperate with the Department of Infrastructure and Regional Development and comply with all regulations and requirements set forth in the Act to maintain the airport's status as a security controlled airport. Failure to comply with these obligations may result in enforcement actions. Breach of the requirements and obligations under the Act may lead to various offences and penalties. While the specific penalties are not detailed in this Notice, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines up to a maximum of $22,200 for individuals and $111,000 for corporations, as per the current legislative framework. Criminal penalties may include imprisonment for up to two years for individuals and higher fines for corporations, depending on the severity and nature of the offence. It is essential for all parties involved to adhere to the Act to avoid such legal repercussions.