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

Overview

The Aviation Transport Security Act 2004 was enacted to establish a national framework for aviation security in Australia, addressing the need for stringent security measures to protect the aviation industry from potential threats. The Act is designed to ensure the safety and security of aircraft and passengers, thereby contributing to the broader goal of maintaining the integrity of the nation's transport security system. The Australian Parliament enacted this legislation to provide a comprehensive approach to aviation security, ensuring that all airports, particularly those of significant importance, adhere to stringent security protocols. The policy objective behind the Act is to prevent acts of unlawful interference with civil aircraft in service and to protect persons and property in the vicinity of such aircraft, thereby safeguarding national security and public safety. This specific notice, issued by Roger Lonie, Acting Director Queensland, Transport Security Operations, Office of Transport Security, revokes the previous declaration made in 2010 that designated Charleville Airport as a security controlled airport and re-establishes it under the updated criteria set by the Act. The boundaries of the newly declared security controlled airport and the airside area are detailed in the attached map, which is integral to the notice. This re-declaration is in accordance with the provisions of the Act and aims to maintain the high standards of aviation security required to protect against potential threats to aviation operations at Charleville Airport.

Scope and Application

The Aviation Transport Security Act 2004, as evidenced by this gazetted notice, applies specifically to the declaration and control of security at designated airports within Australia. The Act, which is a Commonwealth legislation, provides the framework for the regulation and enforcement of aviation security measures across the nation. This particular notice pertains to Charleville Airport, identifying it as a security controlled airport and defining the airside area boundaries as outlined in the accompanying map. The declaration and subsequent revocation of a security controlled airport status, as seen here, are significant administrative actions under the Act, affecting how security measures are implemented and enforced at the airport. The notice, signed by Roger Lonie, an authorised delegate, revokes a previous declaration and establishes new boundaries, illustrating the dynamic nature of security control measures under the Act. This legislative instrument directly impacts airport authorities, security personnel, and potentially the travelling public by determining the scope of security regulations at Charleville Airport.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions for the declaration and control of security at airports. Section 28(2) of the Act allows for the revocation or declaration of an airport as a security controlled airport, as seen in the Notice s28/2010 022 which initially designated Charleville Airport as such. This Notice, published in the Gazette GN 15 on 21 April 2010, has been revoked by the Acting Director Queensland, Transport Security Operations, under the same authority of section 28(2). In its place, Charleville Airport has been re-declared as a security controlled airport, with the boundaries of this designation being explicitly outlined on an attached map, which forms an integral part of this notice. Additionally, section 29 of the Act is invoked to establish an airside area for Charleville Airport, the boundaries of which are also delineated on the attached map. The Notice becomes effective upon its publication in the Gazette, which occurred on 24 July 2015. The obligations imposed by the Act on parties and entities governed by it include the requirement to adhere to the security protocols established for security controlled airports. This includes ensuring that all activities within the designated airside area are compliant with the regulations set forth under the Act. Specifically, these obligations necessitate that any person or entity operating within the airside area of Charleville Airport must comply with the security measures and controls that have been established to safeguard against security threats. This includes stringent identification checks, baggage screening, and other security procedures designed to protect the integrity of the aviation transport system. In terms of enforcement, the Act includes provisions for both civil and criminal consequences for breaches of its provisions. Under section 131, any person who contravenes a provision of the Act that is a civil penalty provision is liable to a pecuniary penalty not exceeding the greater of three times the value of a single penalty unit (currently AUD 222) for a corporation, or five times the value of a single penalty unit (currently AUD 37,500) for an individual. Additionally, section 133 outlines criminal penalties for serious offences under the Act, with the maximum penalties ranging from fines to imprisonment, depending on the severity of the offence. For example, section 133(1) provides for imprisonment for up to 10 years for offences that involve acts of violence against aviation security personnel or the use of weapons at a security controlled airport.