Notice of Declaration of Security Controlled Airport and Airside Area - Esperance Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address security concerns in the aviation transport sector, particularly with respect to the protection of passengers, aircraft, and airport infrastructure against acts of unlawful interference. The Act establishes a comprehensive framework for aviation security, ensuring that stringent measures are implemented to safeguard the aviation industry. One of the mechanisms provided by the Act is the ability to designate certain airports as security controlled airports and to define airside areas within these airports. This legislative tool allows the relevant authorities to apply specific security protocols and regulations in areas where security risks are deemed significant. In the context of the 2016 Gazette Notice, the Office of Transport Security, under the authority of the Department of Infrastructure and Regional Development, revoked a previous declaration that had designated Esperance Airport as a security controlled airport. The revocation was followed by a new declaration, establishing Esperance Airport as a security controlled airport and defining the boundaries of its airside area. This action underscores the Act’s flexibility in adapting to changing security landscapes and ensuring that appropriate measures are in place to protect critical aviation infrastructure.

Scope and Application

The Aviation Transport Security Act 2004 applies to designated security controlled airports and airside areas, aiming to safeguard the aviation industry against threats to security. This legislation directly affects airports such as Esperance Airport, which has been declared a security controlled airport, thus falling under the purview of the Act. The Act applies to any person or entity engaging in conduct or transactions at these airports, thereby ensuring compliance with stringent security measures. Geographically, the Act operates within the Commonwealth, extending its reach to all security controlled airports as designated under the Act or subsequent notices. Any exclusions, exemptions, or thresholds are not explicitly stated within the scope of this particular notice but are typically defined in subordinate instruments or the Act itself. These instruments may further extend or restrict the application of the Act by detailing specific security protocols, operational requirements, or administrative processes for designated airports.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions for the declaration and control of security at airports. Under section 28(2) of the Act, the General Manager, Transport Security Operations can declare an airport as a security controlled airport and establish an airside area. This has been exercised in the case of Esperance Airport, where Notice A04087, which previously declared Esperance Airport as a security controlled airport, has been revoked. The new declaration, published in the Gazette No. GN 43, 2012, now outlines the boundaries of Esperance Airport and its airside area, as shown on the attached map. This Notice comes into effect upon its publication in the Gazette, as stated by Richard Farmer, the Delegate of the Secretary of the Department of Infrastructure and Regional Development. The Act imposes specific obligations on the parties and entities it governs, ensuring that security measures are properly implemented and maintained at designated airports. By declaring Esperance Airport as a security controlled airport, the Act mandates that stringent security protocols must be observed within the defined boundaries. This includes measures to prevent unauthorised access, protect aircraft, and ensure the safety of passengers and staff. The establishment of the airside area further delineates the zones where heightened security measures are required. Entities operating within these areas must comply with the security regulations stipulated by the Act. Failure to comply with the provisions of the Aviation Transport Security Act 2004 can result in various consequences. Breaches of the security requirements may lead to civil or criminal penalties. For instance, under section 111 of the Act, an individual who engages in conduct that constitutes an offence can be liable to a fine of up to $100,000 for an individual or $500,000 for a body corporate, depending on the severity and nature of the offence. In more serious cases, particularly those involving threats to national security, criminal penalties can be imposed, potentially leading to imprisonment. It is imperative for all entities operating within the declared security controlled airport and airside areas to adhere to the Act's requirements to avoid these legal repercussions.