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

Overview

The Aviation Transport Security Act 2004 was enacted to address the growing concerns about aviation security in Australia, particularly in response to global events highlighting the vulnerabilities of air transport infrastructure. This legislation was introduced by the Commonwealth Parliament with the primary objective of enhancing the security of aviation transport, particularly at airports. It was designed to ensure that stringent security measures are implemented and enforced to protect against threats to civil aviation, thereby safeguarding the safety of passengers, crew, and the general public. This Act provides the legal framework for the establishment and enforcement of security measures at designated airports and within airside areas, allowing the government to declare certain airports as security controlled and to establish corresponding security protocols. In line with its policy objective, the Act empowers the Minister for Transport and Regional Services to declare an airport as security controlled and to establish an airside area within that airport. This recent revocation and subsequent declaration concerning Cunnamulla Airport exemplifies the Act's application, whereby the government can adapt and respond to changing security needs by adjusting the designated security controlled areas and their boundaries. This flexibility ensures that the Act remains effective in addressing contemporary security challenges within Australia’s aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in the operation, management, or use of airports designated as security controlled airports, as well as to aviation activities and transactions occurring within these airports' designated airside areas. This Act extends to the Commonwealth level and covers all airports within Australian jurisdiction that are declared as security controlled airports, such as Cunnamulla Airport in this instance. The Act sets out requirements for security measures and procedures that must be followed to ensure the safety and security of aviation operations. Notably, the Act does not specify exclusions, exemptions, or thresholds, but its application can be extended or restricted through subordinate instruments. This revocation and declaration notice by Roger Lonie, as the Acting Director of Transport Security Operations, pertains specifically to Cunnamulla Airport, delineating its boundaries and establishing its airside area, and remains in effect until formally revoked and published in the Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) provides the legislative framework for the security of aviation transport in Australia. Section 28(2) of the Act empowers the Director to declare an airport as a security controlled airport and to establish airside areas. This particular notice (C2015G01257) revokes the previous declaration of Cunnamulla Airport as a security controlled airport, as listed in Gazette No. GN 8, dated 2 March 2005, and then declares Cunnamulla Airport as a security controlled airport again. It also establishes an airside area for Cunnamulla Airport, the boundaries of which are outlined on the attached map that forms part of this notice. Under the Act, the obligations imposed on parties and entities governed by this notice are significant. Firstly, the declaration of Cunnamulla Airport as a security controlled airport means that it must comply with all applicable security regulations and requirements set out in the Act. This includes implementing and maintaining security measures to protect against acts of unlawful interference with aviation transport services. Secondly, the establishment of an airside area means that the airport must ensure the security of this designated area, which typically includes restricted access zones where only authorised personnel and aircraft are allowed. The attached map serves to clearly delineate these boundaries, ensuring that all parties are aware of the specific areas subject to these security measures. Failure to comply with the provisions of the Act and the requirements outlined in this notice can lead to various consequences. Firstly, under section 30 of the Act, any person who contravenes a provision of the Act may be liable for a civil penalty. The maximum penalty for an individual is $33,000 and for a body corporate, it is $165,000. Furthermore, under section 31, any person who commits an offence under the Act may also be subject to criminal penalties. For an individual, this can result in imprisonment for up to 10 years, while for a body corporate, the maximum penalty is $525,000. These stringent penalties underscore the importance of adhering to the security requirements established by the Act. In summary, this notice revokes and re-declares Cunnamulla Airport as a security controlled airport, establishing an airside area with specific boundaries. It imposes obligations on the airport to comply with security regulations and maintain security measures. Failure to comply with these obligations can result in both civil and criminal penalties, highlighting the seriousness with which the Act treats aviation security.