Notice of Declaration of Security Controlled Airport and Airside Area - Darwin International Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures at airports to protect against acts of unlawful interference with civil aviation. This Act was developed in response to increasing global threats to aviation security and aimed to ensure the safety of passengers, crew, and aircraft by implementing rigorous security protocols. The policy objective of the Act is to safeguard civil aviation by providing for the establishment and maintenance of aviation security measures, including the declaration of security controlled airports and the definition of airside areas. The enactment of this legislation ensures that Australia meets international standards for aviation security, thereby enhancing the overall safety of the nation's air transport system. This specific notice, issued by Terasa Cremer, the Acting General Manager of Transport Security Operations, revokes the previous declaration of Darwin International Airport as a security controlled airport and re-establishes it under the updated provisions of the Act. The notice delineates the new boundaries of the airport and the airside area, which is crucial for enforcing security measures effectively. The re-declaration underscores the commitment to maintaining stringent security protocols in line with the Act's objectives.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons and entities involved in aviation activities within Australia, encompassing both domestic and international flights. This Act imposes stringent security measures on designated airports, their airside areas, and aircraft to safeguard against terrorism and other security threats. The Act's jurisdiction extends across the Commonwealth of Australia, affecting all state and territory airports that fall under its purview. Notably, the Act includes provisions that allow for the declaration and revocation of security controlled airports through subordinate instruments, enabling the government to adjust the scope of its application as necessary. Exemptions and thresholds are specified within the Act, detailing which airports and areas require security controls based on various criteria such as passenger numbers and flight types. This legislative framework is crucial for maintaining the integrity of Australia's aviation security measures and ensuring compliance with international standards.

Key Provisions

The main operative sections of the Aviation Transport Security Act 2004 include sections 28(2) and 29, which pertain to the declaration of security controlled airports and the establishment of airside areas. Under section 28(2), the Acting General Manager, Transport Security Operations, has the authority to declare an airport as a security controlled airport, and to specify its boundaries. The Acting General Manager also has the power, under section 29, to establish an airside area for the airport, as detailed on a map that forms part of the notice. In this particular case, the Acting General Manager has revoked a previous notice, A05914, and has declared Darwin International Airport as a security controlled airport with the boundaries shown on the attached map. Additionally, an airside area for the airport has been established as indicated on the map. This Notice comes into effect upon publication in the Gazette. The Act imposes several obligations and requirements on the parties or entities it governs. The Acting General Manager, Transport Security Operations, is responsible for ensuring the security of the airport and its airside area, and must declare any changes to the boundaries or the establishment of an airside area in accordance with the Act. The declaration of Darwin International Airport as a security controlled airport means that stringent security measures must be implemented to protect the airport and its airside area. Furthermore, the establishment of an airside area requires the implementation of additional security controls and restrictions on access to that area. These obligations are necessary to ensure the safety and security of passengers, crew, and aircraft at the airport. Failure to comply with the provisions of the Act may result in offences, penalties, or civil/criminal consequences. Under section 302, any person who contravenes a direction given by the Acting General Manager, Transport Security Operations, commits an offence and is liable to a fine of up to 200 penalty units or imprisonment for up to two years, or both. Additionally, under section 305, any person who obstructs or hinders the Acting General Manager, Transport Security Operations, in the performance of their duties commits an offence and is liable to a fine of up to 100 penalty units or imprisonment for up to six months, or both. These penalties are in place to ensure that the security of the airport and its airside area is not compromised and that the safety and security of passengers, crew, and aircraft are protected. It is important to note that the Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette. The Acting General Manager, Transport Security Operations, has the power to revoke the Notice at any time if it is determined that the security of the airport or its airside area is no longer at risk. The revocation of the Notice would mean that Darwin International Airport would no longer be a security controlled airport, and the security measures and restrictions on access to the airside area would no longer apply. This power allows for flexibility in the implementation of security measures at the airport and ensures that they are tailored to the specific needs and risks of the airport and its airside area.