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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for enhanced security measures at airports to safeguard against terrorist activities and other threats to aviation security. This legislation aims to ensure that adequate security protocols are in place to protect the aviation sector and its passengers. The Act empowers the relevant authorities to designate specific airports as security controlled airports and to establish airside areas within these airports where stringent security measures must be enforced. As a part of this legislative framework, the Act facilitates the declaration and revocation of such security designations through notices published in the Gazette, ensuring that the security measures are kept current and applicable to the evolving threats in the aviation industry. The policy objective behind the Act is to maintain a robust and adaptable security framework to protect the nation's aviation infrastructure and ensure the safety of air travel.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person, entity or industry involved in the aviation industry, including airports, aircraft, and aviation-related services, with a specific focus on ensuring the security of Australia's aviation transport system. This Act applies nationally, extending across all states and territories within the Commonwealth of Australia, to ensure a uniform approach to aviation security. The Act establishes stringent security measures for designated security controlled airports and their airside areas, as evidenced by the revocation and re-declaration of Emerald Airport as a security controlled airport under this Act. The Act’s application may be further defined and extended through subordinate instruments, such as regulations and notices, which specify the detailed operational and procedural requirements for compliance. Notably, this legislation does not detail specific exclusions or exemptions but rather focuses on establishing comprehensive security frameworks for designated airports and their operations.

Key Provisions

The notice (A05287) under the Aviation Transport Security Act 2004, issued by Pauline Margaret Sullivan, the General Manager of Transport Security Operations in the Office of Transport Security, revokes a previous declaration (A03143) that designated Emerald Airport as a security controlled airport, as was published in the Gazette (No. GN 20, 23 May 2012). This revocation is made under subsection 28(2) of the Act. Instead, the notice now declares Emerald Airport as a security controlled airport, with its boundaries clearly delineated on the attached map, which is considered part of this notice. Furthermore, the notice establishes an airside area for Emerald Airport, as specified on the attached map, in accordance with section 29 of the Act. The notice becomes effective from the date of its publication in the Gazette, which was 8 September 2013. The obligations imposed by this notice on the parties or entities it governs include strict adherence to the security protocols and regulations as outlined by the Act. Specifically, the declaration of Emerald Airport as a security controlled airport means that all activities within the airport premises must comply with the heightened security measures prescribed by the Act. This includes stringent checks on passengers, baggage, and cargo, as well as rigorous security assessments of all personnel and entities operating within the airport's boundaries. The establishment of an airside area further delineates specific zones where access is strictly controlled to ensure the safety and security of aviation operations. Any entity or individual operating within these areas must obtain the necessary approvals and adhere to the security protocols established by the Act. Failure to comply with the provisions of the Aviation Transport Security Act 2004 can result in severe consequences. The Act stipulates various offences, which, if breached, can lead to civil or criminal penalties. For instance, unauthorised access to a security controlled airport or airside area can result in significant fines or imprisonment. The maximum penalties for such offences can vary, but they are designed to deter non-compliance and ensure the highest standards of aviation security are maintained. The seriousness of these penalties underscores the importance of adhering to the security measures outlined in the Act, thereby protecting the integrity and safety of Australia's aviation system.