Notice of Declaration of Security Controlled Airport and Airside Area – Cocos (Keeling) Islands Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures in the aviation sector, particularly in protecting against terrorist threats and other forms of criminal activity. The Act provides the legislative framework for ensuring that aviation security is maintained across Australia, including its territories. The Parliament of Australia introduced this Act to safeguard the nation's air transport system, thereby ensuring the safety and security of passengers, crew, and the general public. The policy objective of the Act is to provide a comprehensive and integrated approach to aviation security, ensuring that all aspects of air transport are adequately protected. This legislative measure was necessary to fill the gap in security protocols and to establish a unified approach to managing aviation security risks throughout the country.

Scope and Application

The Aviation Transport Security Act 2004 applies to a broad range of entities, including airlines, airports, aircraft, and individuals engaged in aviation activities within Australia. The Act establishes security measures for the protection of civil aviation against acts of unlawful interference, primarily focusing on the control of airports and airside areas designated as security controlled. The geographical reach of the Act is national, encompassing all airports and aviation activities within Australia, including the external territories such as the Cocos (Keeling) Islands. This specific revocation and declaration notice pertains to the Cocos (Keeling) Islands Airport, altering its status from a security controlled airport to one that is not under security control, with the boundaries of the airport and the airside area specified in the attached map. The notice also establishes the airside area for the airport as per section 29 of the Act. The Act may extend its application through subordinate instruments, such as regulations or notices, which provide further detail on specific security measures and operational requirements. The Act does not explicitly state exclusions or thresholds within this particular notice but generally excludes matters governed by state or territory laws unless they conflict with the federal legislation. This notice is effective upon its publication in the Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions for the declaration and management of security controlled airports and airside areas. In particular, section 28(2) allows the Director, Transport Security Operations, to issue notices declaring an airport as a security controlled airport and to establish the boundaries of an airside area (subsections 28(2) and 29). In this instance, Notice NTC-13045 revokes the previous declaration (NTC-11182) concerning Cocos (Keeling) Islands Airport and re-declares it as a security controlled airport, specifying the new boundaries and establishing a new airside area as detailed on the attached map. The Act imposes several obligations on parties and entities it governs, particularly in relation to the security of declared airports and airside areas. These obligations include compliance with security measures and regulations set forth in the Act and its subsidiary legislation. For Cocos (Keeling) Islands Airport, these obligations would involve adherence to security protocols and standards that are applicable to all security controlled airports. This includes the implementation of security screening for passengers, baggage, and cargo, as well as the management of access to the airside area to prevent unauthorised entry. Non-compliance with the requirements of the Aviation Transport Security Act 2004 can lead to various offences, penalties, and legal consequences. For instance, breaches of the Act may result in criminal charges under section 323, which pertains to offences related to aviation security. The maximum penalties for such offences can be substantial, potentially including fines of up to $330,000 for corporations and $66,000 for individuals, along with imprisonment terms. Additionally, civil penalties may also apply, which can include significant fines and other sanctions designed to enforce compliance with aviation security regulations. The notice itself, NTC-13045, revokes the previous declaration and re-establishes the security controlled status for Cocos (Keeling) Islands Airport, along with the airside area boundaries, effective from its publication in the Gazette. This revocation and re-declaration process ensures that the airport continues to be subject to stringent security measures, adapting to any changes in the airport's layout, operations, or security needs. The attached map is integral to this notice, providing the definitive boundaries of the airport and airside area, and thus, must be referred to for accurate compliance with the Act.