Notice of Declaration of Security Controlled Airport and Airside Area – Devonport Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the critical need for stringent security measures at airports to protect passengers, crew, and aircraft from acts of unlawful interference. This Act forms part of a comprehensive legislative framework designed to ensure the security of Australia's aviation transport system, thereby safeguarding national and international interests. The policy objective of the Act is to establish a uniform approach to aviation security across Australia, enhancing the overall safety and security of air travel. Through the establishment of security controlled airports and designated airside areas, the Act ensures that stringent security protocols are uniformly applied, thereby mitigating potential threats to aviation security.

Scope and Application

The Aviation Transport Security Act 2004 applies to the security of aviation transport within Australia, focusing on measures to protect passengers, crew, and aircraft from threats. This Act applies to persons, entities, and industries involved in aviation transport, including airports, airlines, and aviation security personnel, as well as the conduct and transactions associated with the aviation transport industry. Its reach extends nationally, as it is a Commonwealth Act. The Act establishes security measures for airports and airside areas, including designating certain airports as security-controlled airports, and these designations are subject to revocation or establishment through notices published in the Gazette. Exclusions and exemptions are not detailed within the scope of this specific notice but are likely addressed in the broader provisions of the Act. Subordinate instruments may further extend or restrict the application of the Act, but the primary focus remains on ensuring the security of aviation transport across Australia.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) contains provisions that allow for the declaration of security controlled airports and the establishment of airside areas within those airports. Section 28(2) of the Act permits the Director, Transport Security Operations, to declare an airport as a security controlled airport, while section 29 allows for the establishment of an airside area within such an airport. The notice issued by Michelle Cozadinos, the Director, Transport Security Operations, under subsection 28(2) of the Act, revokes the previous declaration of Devonport Airport as a security controlled airport and re-declares it with updated boundaries and a newly established airside area, as shown on the attached map. The obligations imposed by the Act on the parties and entities it governs are primarily focused on ensuring the security of aviation transport. By declaring Devonport Airport as a security controlled airport and establishing an airside area, the Act requires that stringent security measures be implemented and enforced within the designated boundaries. This includes measures such as access control, surveillance, and the presence of security personnel. These obligations are intended to protect the airport and its facilities from potential threats and to ensure the safety and security of passengers, staff, and aircraft. Failure to comply with the provisions of the Aviation Transport Security Act 2004 can result in serious consequences, both civil and criminal. Offences under the Act can include unauthorised entry into security controlled areas, failure to comply with security requirements, and the unauthorised possession of dangerous items. The penalties for such offences can vary significantly, depending on the nature and severity of the breach. For example, a person found guilty of an offence that causes serious harm can be subject to a maximum penalty of imprisonment for up to 10 years, while other offences may carry lesser penalties, such as fines or shorter periods of imprisonment. The Act also provides for the imposition of civil penalties for breaches of its provisions, which can include significant fines. The notice issued by Michelle Cozadinos revokes the previous declaration of Devonport Airport as a security controlled airport and re-declares it with updated boundaries and a newly established airside area. This revocation and re-declaration are in accordance with section 28(2) of the Act, and the updated boundaries and airside area are detailed on the attached map, which forms part of the notice. The notice remains in force until it is revoked in writing and published in the Gazette, at which point it will be superseded by the new provisions. This ensures that the security measures in place at Devonport Airport are kept up to date and reflect any changes in the airport’s operations or layout.