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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a framework for ensuring the security of civil aviation in Australia. The Act was introduced to address the need for stringent security measures at airports to protect against threats to aviation safety and national security. The policy objective of the Act is to prevent acts of unlawful interference with civil aviation and to provide for the coordination of aviation security activities across the country. This legislative measure aims to safeguard the aviation sector by imposing strict security controls at designated airports and airside areas, thereby mitigating potential risks to passengers, aircraft, and airport operations. The Act empowers the relevant authorities to declare specific airports as security controlled, as evidenced by the revocation and subsequent re-declaration of Canberra Airport in 2012, ensuring continued adherence to the established security protocols.

Scope and Application

The Aviation Transport Security Act 2004 applies to a broad range of entities and individuals involved in aviation activities within Australia, including airlines, airport operators, and passengers. The Act's jurisdiction is national, extending to all airports designated as security controlled airports under the Act. These airports include Canberra Airport, which is identified in the Notice of Declaration of Security Controlled Airport and Airside Area for Canberra Airport, issued by the Acting General Manager of Transport Security Operations. The notice specifies the boundaries of the airport and the airside area, which are subject to heightened security measures as mandated by the Act. Exclusions and exemptions are not detailed in this specific notice, but they are typically defined within the Act or through subordinate instruments. The Act allows for the extension or restriction of its application through regulations and other legislative instruments, ensuring a flexible and responsive approach to evolving security threats. This particular notice, once published in the Gazette, revokes a previous declaration and establishes the security status of Canberra Airport, effective from the date of publication.

Key Provisions

The main operative sections of the Aviation Transport Security Act 2004 (the Act) relevant to this Notice include sections 28 and 29. Section 28(2) allows the Acting General Manager, Transport Security Operations, to declare an airport as a security controlled airport and to define its boundaries. Section 29 permits the establishment of an airside area within the declared airport. In this specific case, the Notice revokes a previous declaration (Notice A02402) and re-declares Canberra Airport as a security controlled airport, establishing its boundaries and airside area as outlined on the attached map. This Notice is effective from the date of its publication in the Gazette. The obligations and requirements imposed by the Act on the parties and entities it governs are primarily concerned with the security of aviation transport. For instance, the declaration of Canberra Airport as a security controlled airport mandates that stringent security measures must be implemented within its boundaries. These measures typically include controlled access, surveillance, and the presence of security personnel. The establishment of an airside area further delineates the specific zones where heightened security protocols must be enforced to protect against unauthorised access and potential threats to aviation security. The Act also outlines specific offences and penalties for breaches of its provisions. For instance, section 32 of the Act specifies that any person who contravenes a security requirement, such as unauthorised access to a security controlled airport or airside area, commits an offence. The maximum penalty for such an offence is substantial, reflecting the serious nature of aviation security breaches. In particular, the penalty may include imprisonment for up to five years, a fine of up to $22,200 for an individual, or a larger fine for a corporation. These provisions underscore the critical importance of compliance with aviation security regulations to safeguard the safety and integrity of Australia’s aviation system.