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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures within the aviation sector, particularly in response to the increasing threats to aviation security globally. This legislation provides a comprehensive framework for the regulation of security measures at Australian airports, aiming to safeguard the nation's transport infrastructure and public safety. By designating certain airports as security controlled airports and defining airside areas, the Act ensures that robust security protocols are implemented to prevent unlawful interference with civil aviation. The Act empowers the Director, Transport Security Operations, to declare and revoke the status of airports as security controlled, as seen in the recent notice concerning Coen Airport, reflecting the dynamic nature of security needs and the legislative flexibility to adapt accordingly.

Scope and Application

The Aviation Transport Security Act 2004 applies to security at airports within the Commonwealth of Australia, and this specific notice pertains to the revocation and redeclaration of Coen Airport in Queensland as a security controlled airport. The Act mandates that designated airports, such as Coen Airport, must adhere to stringent security protocols to safeguard against potential threats to aviation security. The geographic scope of this Act covers all airports in Australia, ensuring a consistent approach to security measures across the nation. The Act applies to persons and entities involved in aviation operations, including airlines, airport operators, and security personnel. Additionally, it governs the conduct and transactions that occur within the security perimeters of declared airports. The application of the Act is not limited by state borders, thereby ensuring a unified security framework across all Australian jurisdictions. This notice, issued by the Director of Transport Security Operations, effectively revokes the previous declaration of Coen Airport as a security controlled airport and reinstates it with specified boundaries and an established airside area, as detailed in the accompanying map. This redeclaration is subject to revocation as per the provisions of the Act, with any changes to be published in the Commonwealth of Australia Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions for the declaration and control of security at airports, including the designation of security controlled airports and the establishment of airside areas. Specifically, section 28(2) allows the Director of Transport Security to revoke or declare an airport as a security controlled airport, while section 29 empowers the Director to establish airside areas for such airports. In the Notice of Declaration of Security Controlled Airport and Airside Area – Coen Airport, Boyd Doherty, Director of Transport Security Operations, has exercised these powers to revoke the previous declaration of Coen Airport as a security controlled airport (Gazette No. S 40, 3 March 2005), declare it as such again, and establish an airside area for the airport, as delineated on the map attached to the notice. Under the Act, the declaration of Coen Airport as a security controlled airport imposes specific obligations on parties and entities operating within this airport. These obligations include adherence to security measures and protocols as outlined in the Act and any related regulations. This means that airlines, airport staff, and other entities must comply with the security requirements to ensure the safety and security of the airport and its operations. Similarly, the establishment of an airside area mandates that all activities within this designated area must conform to stringent security standards, which may include restricted access, screening of persons and goods, and other protective measures. Failure to comply with the provisions of the Act or the specific requirements set out in the Notice can lead to various consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness with which the Act treats security breaches. The exact penalties depend on the nature and severity of the offence, with the maximum penalties specified in the relevant sections of the Act. These measures are intended to deter non-compliance and ensure that the security standards at Coen Airport are maintained effectively.