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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the critical need for stringent security measures within the aviation sector to protect against acts of unlawful interference. This legislation was developed in response to the growing global threat of terrorism and the necessity to safeguard Australia's aviation infrastructure and passengers. The Act provides a comprehensive framework for aviation security, ensuring that security measures are uniformly enforced across all airports and aircraft within Australia. The policy objective of the Act is to mitigate risks to aviation security through the implementation of rigorous security protocols and regulations. This legislative instrument, Notice NTC-11868 of 2016, published in the Gazette, revokes the previous declaration of Cooma Airport as a security controlled airport and re-establishes it under the Act. Issued by the Director NSW, Transport Security Operations, Office of Transport Security, this notice designates Cooma Airport as a security controlled airport and defines the boundaries of the airside area. The notice also establishes the airside area as indicated on the attached map, ensuring compliance with the Act. This action reinforces the commitment to maintaining stringent aviation security measures and reflects the ongoing efforts to adapt and respond to emerging security challenges.

Scope and Application

The Aviation Transport Security Act 2004 applies to all aviation activities within the Commonwealth of Australia, encompassing both domestic and international flights. It establishes stringent security measures to safeguard against potential threats to aviation security, impacting a wide range of entities, including airlines, airports, air traffic control services, and other aviation-related businesses. The Act is designed to regulate and enforce security protocols across all airports designated as security controlled airports. These airports are identified through official notices published in the Commonwealth of Australia Gazette, which designate specific boundaries and airside areas subject to stringent security regulations. Notably, the Act allows for the revocation of previous security control declarations, as evidenced by the revocation of Notice s28/2010 018 concerning Cooma Airport, and the subsequent establishment of new boundaries and airside areas through new notices. The scope of the Act is further extended through subordinate instruments, which may introduce additional regulations or modify existing provisions to adapt to evolving security threats.

Key Provisions

The key provisions of the notice under the Aviation Transport Security Act 2004 (the Act) involve the revocation of a previous declaration (subsection 28(2)) and the establishment of new security controls. Firstly, Notice s28/2010 018, which previously declared Cooma Airport as a security controlled airport, is revoked (subsection 28(2)). This revocation renders the prior security controls at Cooma Airport null and void. Secondly, a new declaration is made under the same subsection, asserting that Cooma Airport is now a security controlled airport. The boundaries of this airport are specified on a map attached to the notice, which becomes part of the official record. Lastly, an airside area for Cooma Airport is established in accordance with section 29 of the Act, with its limits outlined on the same map. The Act imposes several obligations on the parties involved. Primarily, the declaration of Cooma Airport as a security controlled airport necessitates that stringent security measures be implemented to safeguard the airport's operations and passengers. These measures are to be detailed in the security program required under the Act, ensuring that all security protocols are followed meticulously. Additionally, any person or entity operating within the newly established airside area must comply with the security requirements set forth by the Act. This includes adhering to any additional security directives issued by the Director of Transport Security Operations. Breaching the security requirements outlined in the Act can lead to significant consequences. Under the Act, non-compliance with the security measures for a security controlled airport can result in both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties could be imposed, leading to imprisonment. The maximum penalties for contravening the Act are outlined in section 166, which includes fines up to $16,500 for individuals and substantially higher amounts for corporations, along with potential imprisonment terms. These provisions underscore the seriousness of maintaining stringent security measures at airports declared as security controlled under the Act.