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

Overview

The Aviation Transport Security Act 2004 was enacted to provide for the security of civil aviation and to establish measures to protect aircraft, airports, and other aviation infrastructure from acts of unlawful interference. This Act was introduced to address the need for comprehensive security protocols within the aviation sector to safeguard against terrorism and other criminal activities. The Act empowers the Commonwealth Parliament to regulate and enforce security measures across Australian airports. The policy objective of the Act is to ensure the safety and security of air transport, thereby protecting passengers, crew, and the general public from potential threats. The enactment of this legislation is a critical step in maintaining the integrity of Australia's aviation security framework. On 13 February 2014, Pauline Sullivan, as a delegate of the Secretary of the Department of Infrastructure and Regional Development, issued a notice under the Aviation Transport Security Act 2004. This notice revoked the previous declaration that Emerald Airport was a security controlled airport and re-declared it as such, along with establishing its airside area. This action underscores the ongoing commitment to ensuring that all designated airports maintain the required security standards to protect against unlawful interference. The notice, published in the Commonwealth of Australia Gazette, is effective from its publication date and remains in force until it is revoked in writing and published in the Gazette again.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and persons involved in the operation of airports, aircraft, and air services within Australia. This Act is a Commonwealth law that establishes a regulatory framework to ensure the security of aviation transport. It applies to airports, aircraft operators, air traffic service providers, and other relevant entities operating in the air transport sector. The geographic reach of the Act is national, governing activities across all states and territories of Australia. The Act also extends its application through subordinate instruments that can detail specific security measures and operational protocols. Notably, the Act includes certain exclusions and exemptions, such as private aircraft used for non-commercial purposes, which are not subject to the same stringent security requirements as commercial aviation. The revocation and declaration of security controlled airports, as evidenced by the notice concerning Emerald Airport, are integral to the Act's administration, illustrating its dynamic nature in response to changing security needs.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) outlines the legal framework for ensuring the security of aviation transport in Australia. Under this Act, specific airports can be designated as security controlled airports, meaning that stringent security measures must be implemented to protect against potential threats. In this context, section 28(2) allows for the declaration and revocation of such designations by a delegate of the Secretary of the Department of Infrastructure and Regional Development. The current notice, A05780, revokes the previous declaration of Emerald Airport as a security controlled airport, which was previously published as Notice A05734 in the Gazette on 10 February 2014 (GN C2014G00267). Instead, it now declares Emerald Airport as a security controlled airport and establishes an airside area for the airport, as shown on the attached map. The obligations imposed by this declaration require that Emerald Airport must now adhere to the security protocols and regulations stipulated under the Act. This includes the implementation of measures to secure the airport's infrastructure, manage access to restricted areas, and ensure the safety of passengers and aircraft. The airside area, in particular, must be closely monitored and controlled to prevent unauthorised access and potential security breaches. These obligations are crucial to maintaining the integrity of the aviation transport system and safeguarding public safety. Failure to comply with the provisions of the Act can result in serious consequences. Section 173 of the Act outlines various offences that can be committed, including unauthorised access to a security controlled airport, which can attract significant penalties. The Act also specifies that an individual found guilty of such offences can face substantial fines and imprisonment. For instance, section 174 details that a person can be fined up to 120 penalty units, which is approximately AUD 22,200 as of 2024, and/or imprisoned for up to five years for contravening security-related provisions. In addition to criminal penalties, breaches can also lead to civil liabilities, including compensation claims for damages caused by security failures. Therefore, adherence to the Act’s requirements is not only mandatory but also essential to avoid severe legal repercussions.