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

Overview

The Aviation Transport Security Act 2004, enacted by the Commonwealth Parliament, was introduced to establish and enforce measures for the security of civil aviation, addressing the need to safeguard the aviation industry against potential terrorist threats and other security risks. This Act provides the legal framework for the control and regulation of security at designated airports, ensuring that stringent security measures are implemented to protect aircraft, passengers, and airport personnel. The policy objective of the Act is to enhance aviation security by setting out the procedures and requirements for security at airports, including the designation of security controlled airports and the establishment of airside areas. On 13 May 2014, Terasa Cremer, acting as the Delegate of the Secretary of the Department of Infrastructure and Regional Development, issued a Notice revoking the previous declaration of Darwin International Airport as a security controlled airport and re-declaring it under the provisions of the Act. The Notice also established an airside area for the airport, as delineated in the attached map, which forms part of the official record. This action was taken to update the security measures in response to changing conditions or to refine the defined security perimeter, ensuring that the airport continues to meet the security standards set forth by the Act. The Notice is effective upon its publication in the Gazette and will remain in force until it is revoked in writing and subsequently published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in the operation and use of Australian airports, particularly those designated as security controlled airports. This Act imposes stringent security measures to safeguard against potential threats to aviation security. It applies to both domestic and international airports, covering a range of conduct and transactions related to the operation and movement within these airports. The geographic reach of the Act is national, applying across the Commonwealth of Australia, including its states, territories, and associated airside areas. While the Act broadly mandates comprehensive security protocols, it allows for certain exclusions and exemptions, which may be detailed in subordinate instruments issued under its authority. The Act’s provisions are enforced by the Office of Transport Security, which has the power to designate specific airports as security controlled and to define the boundaries of airside areas. This was exemplified by the revocation and re-declaration of Darwin International Airport as a security controlled airport through a Notice published in the Gazette, illustrating the Act's jurisdictional application and enforcement mechanisms.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions for the declaration of security controlled airports and their airside areas, as demonstrated in Notice A05914. Section 28(2) of the Act allows the Acting General Manager of Transport Security Operations to revoke or declare an airport as a security controlled airport, and to establish an airside area for that airport. In this instance, Notice A05914 revokes the previous declaration of Darwin International Airport as a security controlled airport (Notice A05750) and re-declares it as such, with the specific boundaries of the airport and its airside area detailed in the attached map. This re-declaration establishes Darwin International Airport as a security controlled airport and sets out the airside area, which is essential for enforcing security measures within the airport. Under the Act, the obligations placed on parties and entities governing security controlled airports and airside areas are significant. The Acting General Manager of Transport Security Operations must ensure that the declared airport and its airside area adhere to the stringent security requirements outlined in the Act. This includes implementing measures to prevent unauthorised access, ensuring the safety and security of aircraft, passengers, and staff, and complying with any regulations or standards prescribed by the Act or by the Secretary. The entities operating within the airside area must also comply with these security measures and cooperate with the security operations team to maintain the integrity of the airport's security. The Act imposes strict penalties and consequences for breaches of its provisions. Offences under the Act can result in both civil and criminal penalties, depending on the nature and severity of the breach. For instance, knowingly or recklessly contravening a provision of the Act can lead to criminal charges, with potential penalties including substantial fines and imprisonment. Specifically, under section 227 of the Act, an individual who commits an offence can be liable to a fine of up to $222,000 or imprisonment for up to five years, or both, for a single offence. Additionally, corporations can face even higher penalties, reflecting the serious implications of security breaches within aviation transport. Compliance with the Act is thus crucial to avoid these severe consequences.