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

Overview

The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to address the need for stringent security measures to protect civil aviation from acts of unlawful interference. The Act was introduced to fill the gap in security provisions that were previously inadequate to handle the evolving threats to air transport. The primary policy objective of the Act is to enhance the security of aircraft and airports, thereby ensuring the safety of passengers and crew, as well as the integrity of the national airspace. The notice dated 11 November 2013, issued by Pauline Margaret Sullivan, the General Manager of Transport Security Operations, under the authority delegated by the Secretary of the Department of Infrastructure and Regional Development, revokes the previous declaration of Geraldton Airport as a security controlled airport and re-establishes it under the provisions of the Act. This action underscores the continuous reassessment and adaptation of security measures to meet current threats and ensure compliance with the legislative framework.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to various entities and persons involved in aviation transport security, including airports and air carriers. In the specific case of Geraldton Airport, the Act empowers the General Manager, Transport Security Operations, to declare and manage the security control of the airport and its airside areas. This declaration, as evidenced by Notice A05517, involves the establishment of security protocols and boundaries as depicted on the attached map, which is integral to the notice. The revocation of the previous notice, A04119, and the declaration of Geraldton Airport as a security controlled airport, underscores the ongoing commitment to maintaining stringent security measures as per the Act. The Act’s jurisdictional reach is national, operating under the Commonwealth of Australia, and its provisions are implemented through subordinate instruments, ensuring that the security controls are effectively managed and enforced across the designated airport. The exclusions or exemptions from the Act are not specified in the notice, but it is implied that adherence to the security protocols is mandatory for all relevant entities operating within the declared security controlled airport.

Key Provisions

The notice A05517 issued by Pauline Margaret Sullivan, the General Manager of Transport Security Operations, revokes the previous notice A04119 and declares Geraldton Airport as a security controlled airport under subsection 28(2) of the Aviation Transport Security Act 2004 (Act). It establishes the boundaries of the airport as shown on the attached map and designates an airside area for Geraldton Airport, also indicated on the attached map. This notice takes effect from the date of its publication in the Gazette. The Act provides for the control and regulation of security at airports to ensure the safety of passengers, crew, and aircraft. Under the Act, the obligations imposed on parties or entities governed by this legislation include adhering to the established security protocols and regulations within the designated security controlled airport and airside area. This means that any person or entity operating within these boundaries must comply with the security measures and standards set forth by the Office of Transport Security. This includes ensuring that all personnel, vehicles, and materials entering the airside area undergo appropriate security screening and checks. The Act also mandates the implementation of measures to prevent unauthorised access to the airside area and to respond to any security threats or incidents promptly. Failure to comply with the provisions of the Act can result in various offences and penalties. The Act stipulates that any person who contravenes a provision of the Act may be liable to a civil penalty. For example, subsection 13(2) of the Act allows for the imposition of a civil penalty of up to $22,200 for individuals and $111,000 for bodies corporate for each contravention. Additionally, subsection 13(3) allows for the imposition of a civil penalty of up to $666,000 for each day of non-compliance. The Act also provides for the imposition of criminal penalties for more serious offences. For instance, subsection 15(2) allows for the imposition of a penalty of up to five years imprisonment for an offence involving the supply of a dangerous item or a dangerous substance. Furthermore, subsection 15(3) allows for the imposition of a penalty of up to ten years imprisonment for an offence involving the supply of a dangerous item or a dangerous substance that causes death or serious injury. In summary, the notice A05517 declares Geraldton Airport as a security controlled airport and establishes the boundaries of the airport and the airside area. The Act imposes obligations on parties and entities to comply with security protocols and measures within these boundaries. Failure to comply can result in civil and criminal penalties, including fines and imprisonment, depending on the severity of the offence. The notice remains in force until revoked in writing and upon subsequent publication in the Gazette.