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 provide a legislative framework for the security of Australia's aviation transport system. This legislation was introduced to address the need for stringent security measures in response to the growing threat of terrorism and other security risks to aviation. The Act establishes the legal basis for security regulations, controls, and procedures to protect passengers, crew, aircraft, and airport infrastructure. The policy objective behind the Act is to ensure the safety and security of Australia's aviation transport system, thereby protecting national security and public confidence in air travel. The Act includes provisions for the declaration of security controlled airports and the establishment of airside areas, which are crucial for enforcing security measures and ensuring the safety of aviation operations. In line with the Act, the notice of the declaration of a security controlled airport and the establishment of an airside area at Emerald Airport, published in the Commonwealth of Australia Gazette, demonstrates the practical implementation of these legislative provisions. The revocation of the previous notice and the re-establishment of Emerald Airport as a security controlled airport underscores the dynamic nature of aviation security, adapting to the evolving threat landscape. This notice, issued by the Acting Regional Director of Transport Security Operations, indicates the commitment of the Department of Infrastructure and Regional Development to maintaining stringent security standards at Australian airports.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities, including airlines, aircraft operators, airports, and individuals involved in the operation and management of air transport services within Australia. The Act pertains to the regulation of security measures to protect air transport infrastructure and passengers against acts of unlawful interference. It encompasses a broad range of conduct and transactions related to the aviation sector, ensuring that stringent security protocols are implemented to maintain the safety and security of Australia's air transport network. The Act extends to the Commonwealth jurisdiction and applies to all airports within Australia, including newly designated security controlled airports such as Emerald Airport, as evidenced by the recent notice revoking and re-establishing its status. The Act allows for the establishment of airside areas, which are crucial for enforcing security measures, and this can be further detailed through subordinate instruments, such as maps and boundary descriptions, as seen in the notice for Emerald Airport. There are no explicit exclusions or exemptions stated in the Act, but its application can be influenced by specific regulations and subordinate legislation.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) provides for the security of Australia's aviation transport system. Under this Act, the Acting Regional Director, Transport Security Operations, has the authority to declare certain airports as security controlled airports and to establish airside areas within these airports. Section 28(2) of the Act allows for the revocation of previous declarations, while section 29 enables the establishment of airside areas for security purposes. In the recent Notice A05734, Roger Vaugh Lonie, the Acting Regional Director, revoked the previous declaration of Emerald Airport as a security controlled airport (Notice A05287) and re-declared it under the same provisions, with updated boundaries as shown on the attached map. This new declaration is now effective as of the date of publication in the Gazette, 31 January 2014. Under the Act, the obligations for parties and entities governed by the legislation are primarily concerned with compliance with security measures and regulations at security controlled airports. These obligations include adherence to the boundaries of the airside areas, which are critical for ensuring the security of aircraft and passengers. Emerald Airport, now re-declared as a security controlled airport, must ensure that all its operations within the newly defined airside area comply with the security measures prescribed by the Act. This includes implementing and maintaining security protocols, conducting security checks, and ensuring that only authorised personnel and vehicles have access to the airside area. The Act also includes provisions for offences and penalties for breaches of its requirements. Section 328 of the Act outlines the potential criminal and civil penalties for non-compliance with the security measures and regulations. For example, if an individual or entity fails to comply with the security measures, they may be subject to criminal prosecution. The maximum penalty for an individual can include imprisonment for up to 10 years, while the maximum penalty for a corporation can be a fine of up to 500,000 Australian dollars. Additionally, civil penalties may apply, including fines for breaches of the Act, and the possibility of court-ordered injunctions or other remedies to ensure compliance. These penalties are intended to enforce the security requirements and protect the integrity of Australia's aviation transport system.