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

Overview

The Aviation Transport Security Act 2004 was enacted to provide for the security of aviation transport, particularly focusing on the prevention of unlawful interference with aircraft and the protection of passengers, crew, and the aircraft itself. This legislation was introduced to address the need for stringent security measures in the aviation sector following heightened global concerns about aviation security, especially in the wake of terrorist attacks on aircraft. The Act was passed by the Parliament of Australia with the overarching policy objective of enhancing the security of aviation transport to protect the public and maintain the integrity of the aviation system. The Act empowers the Minister for Transport and Infrastructure to designate airports as security controlled airports and establish airside areas where enhanced security measures are required. This legislative framework ensures that appropriate security protocols are implemented at designated airports to mitigate risks to aviation security. On 5 March 2017, a notice was published in the Gazette declaring Cloncurry Airport as a security controlled airport and establishing its airside area. This was done under the authority granted by the Aviation Transport Security Act 2004, specifically subsection 28(2) of the Act, which allows the Director, Transport Security Operations, to make such declarations. The notice revoked previous declarations regarding the airport to update the security status and boundaries in line with current security requirements. The enactment of this notice by Robert Pugsley, as a delegate of the Secretary of the Department of Infrastructure and Regional Development, ensures that Cloncurry Airport now falls under the stringent security measures prescribed by the Act, thereby enhancing the overall security of aviation transport in Australia.

Scope and Application

The Aviation Transport Security Act 2004 applies to security at airports and on aircraft, with the primary objective of safeguarding against unlawful interference. The Act applies to all airports designated as security controlled airports, including Cloncurry Airport as declared by the Director, Transport Security Operations, in the notice of revocation and re-declaration. The Act's reach extends across the Commonwealth of Australia, ensuring uniform security measures are implemented nationwide. The Act sets out specific requirements for the control and management of security at these airports and their airside areas, which include any land, buildings, or other infrastructure used for the take-off or landing of aircraft, as well as areas designated as airside. Certain exclusions and exemptions may apply, which are detailed in the Act or specified through subordinate instruments. This declaration of Cloncurry Airport as a security controlled airport and the establishment of its airside area reflects the ongoing commitment to maintaining stringent security standards as required by the Act.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) is a critical piece of legislation aimed at ensuring the safety and security of aviation transport in Australia. One of the significant actions taken under this Act is the declaration of security controlled airports and the establishment of airside areas, as seen in the Notice of Declaration of Security Controlled Airport and Airside Area for Cloncurry Airport. Under subsection 28(2) of the Act, the Director of Transport Security Operations has the authority to declare an airport as security controlled, as evidenced by the revocation of the previous notice A03154 dated 22 June 2012 and the previous declaration for Cloncurry Airport. This new declaration outlines the specific boundaries of Cloncurry Airport and the designated airside area, as shown in the attached map. Entities and parties governed by the Act, particularly those operating within the airside area of a security controlled airport, are subject to specific obligations and requirements. These include adherence to security measures and protocols established under the Act. For example, airlines, airport operators, and other relevant entities must ensure that their operations comply with the security standards set forth in the Act to protect against acts of unlawful interference. This includes implementing security checks, screening processes, and other protective measures to safeguard the airport infrastructure and passengers. The Act imposes serious consequences for any breaches of its provisions. Offences under the Act can lead to both criminal and civil penalties. For instance, under section 303 of the Act, individuals found guilty of certain offences may face imprisonment for up to 10 years, fines, or both. Additionally, entities such as airlines and airport operators may be subject to substantial financial penalties. For example, under section 312, a body corporate found guilty of an offence may be fined up to 210,000 penalty units, a significant deterrent aimed at ensuring compliance with aviation security regulations. These penalties underscore the importance of adhering to the Act's requirements to maintain the safety and security of Australia's aviation transport system.