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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports in Australia, with a focus on preventing and mitigating threats to civil aviation. This legislation was introduced by the Parliament of Australia and its overarching policy objective is to safeguard the integrity of Australia's aviation transport system by imposing strict security controls at designated airports. The Act provides the framework for the identification and regulation of security controlled airports, as well as the establishment of airside areas where heightened security measures are mandated. In this context, the Act empowers the Secretary of the Department of Infrastructure and Transport to declare specific airports as security controlled and to establish the boundaries of airside areas within these airports. This ensures a coordinated and comprehensive approach to aviation security across the nation. In the specific case of Canberra Airport, the enactment of this legislation has allowed for the revocation of a previous declaration and the re-establishment of the airport as a security controlled site, with updated boundaries and airside area definitions. This ensures that Canberra Airport continues to comply with the stringent security requirements set forth by the Act, thereby contributing to the overall safety and security of Australia's aviation transport system.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation of aviation security measures across Australia, encompassing both Commonwealth and state jurisdictions. This legislation specifically targets security controlled airports, such as Canberra Airport, which is identified in this Act as a location subject to stringent security protocols to protect against threats to civil aviation. The Act applies to individuals, entities, and operations within the specified boundaries of a security controlled airport, including airlines, passengers, airport staff, and other relevant parties. Its jurisdictional reach extends across all airports deemed critical to national security, with Canberra Airport now explicitly identified as such through this Notice. Exclusions or exemptions are not detailed in the Act itself but may be established through subordinate instruments. This Notice, revoking a previous declaration and establishing new boundaries and an airside area for Canberra Airport, underscores the dynamic nature of aviation security measures, which are subject to periodic review and adjustment as necessary.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) contains provisions that allow for the declaration of airports as security controlled airports and the establishment of airside areas. In this context, section 28(2) empowers the General Manager of Transport Security Operations to declare an airport as a security controlled airport and to define its boundaries, as demonstrated by the revocation of Notice A4905 and the subsequent declaration of Canberra Airport in Notice A5366. Section 29 of the Act further allows for the establishment of an airside area, which is a specific part of the airport where heightened security measures are required. This Notice A5366 thus revokes the previous declaration and establishes new boundaries and an airside area for Canberra Airport. Under the Act, the General Manager of Transport Security Operations has the authority to make these declarations and establish airside areas, as seen in the actions taken in Notice A5366. The obligations imposed by the Act on the parties and entities it governs include adhering to the security measures and regulations specified for security controlled airports and airside areas. These measures are designed to ensure the safety and security of air transport and require compliance with the provisions outlined in the Act. Entities such as airlines, airport operators, and security personnel must implement and maintain these security protocols to prevent unauthorised access and potential threats to aviation security. The Act provides for various consequences for breaches of its provisions. Section 46 of the Act establishes that any person who contravenes a provision of the Act may be subject to a civil penalty. The maximum penalty for a corporation is 500 penalty units, while the maximum penalty for an individual is 100 penalty units. Additionally, the Act also allows for criminal penalties for more serious breaches. For example, under section 47, a person who wilfully or recklessly contravenes a provision of the Act may be liable to imprisonment for a term of up to two years or a fine of up to 2,100 penalty units, or both, if convicted in a court. These penalties underscore the importance of compliance with the security measures and regulations set out in the Act.