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 stringent security measures in the aviation transport sector, particularly in the wake of increasing global terrorism and the necessity to safeguard the nation's airspace. The Act establishes a framework for the security of aviation transport, including the designation of security controlled airports and airside areas, which are crucial for ensuring the safety and security of passengers and aircraft. This legislative instrument aims to provide for the control and regulation of aviation transport security in a manner that balances security needs with the operational efficiency of the aviation industry. On 20 September 2017, Boyd Doherty, the Director of Transport Security Operations within the Department of Infrastructure and Regional Development, issued a notice under the Act to revoke the previous declaration that designated Emerald Airport as a security controlled airport, as published in the Gazette on 14 February 2014. Simultaneously, Doherty declared Emerald Airport as a security controlled airport and established an airside area for the airport, as depicted on the attached maps. This declaration is part of the ongoing effort to ensure that all designated airports maintain the necessary security standards to protect against potential threats. The notice remains in effect until it is formally revoked and republished in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and persons involved in aviation transport security, including operators of security controlled airports, aviation security officers, and those responsible for implementing security measures. The Act is administered at the Commonwealth level, extending its jurisdiction across Australia to ensure a uniform standard of aviation security. The Act’s provisions are applicable to the operation and management of airports designated as security controlled, thereby mandating stringent security protocols to safeguard the aviation industry. Notably, the Act can be extended or restricted through subordinate instruments, allowing for the adaptation of regulations to specific circumstances or technological advancements in security measures. Exemptions and thresholds are outlined within the Act, delineating the scope of mandatory security requirements based on the nature and scale of the airport operations. However, the revocation of a previous declaration, as evidenced by the notice for Emerald Airport, demonstrates the Act's flexibility in adjusting security classifications to meet current needs and assessments.

Key Provisions

The key operative sections of this Notice, as outlined in the Aviation Transport Security Act 2004, include the revocation of the previous security controlled airport declaration for Emerald Airport under subsection 28(2) (Notice A05780), the declaration of Emerald Airport as a security controlled airport, and the establishment of an airside area for the airport under section 29. These sections clarify the scope and boundaries of the airport’s security controls, ensuring that the airport meets the security requirements set by the Act. The attached maps, which form part of this notice, provide a visual representation of the boundaries of the airport and its airside area. The obligations imposed by the Act on the parties or entities it governs include the requirement to maintain security measures that comply with the Act’s provisions. For Emerald Airport, this means ensuring that all areas within the declared security controlled airport and airside area adhere to the stringent security protocols mandated by the legislation. These protocols are designed to safeguard the airport against potential threats to aviation security. The Act also requires the airport to update its security measures as necessary to address emerging threats or changes in the security landscape. Failure to comply with the provisions of the Act can result in significant legal consequences. Offences under the Act may be subject to both civil and criminal penalties. For instance, any person found to have breached the security measures at a security controlled airport could be liable for a civil penalty of up to $33,000 for an individual or $165,000 for a body corporate, as outlined in section 116 of the Act. Additionally, in cases where a breach results in serious harm or death, the penalties can escalate significantly, with potential criminal penalties including imprisonment. It is crucial for all stakeholders, including airport operators and security personnel, to be fully aware of these obligations and the potential consequences of non-compliance to ensure the highest standards of aviation security are maintained.