Notice of Declaration of Security Controlled Airport and Airside Area - Gold Coast Airport

Overview

The Aviation Transport Security Act 2004 was enacted to establish a framework for securing Australia's aviation transport system, including both land-based and air-based operations, against threats such as terrorism and other forms of unlawful interference. This legislation was introduced by the Australian Parliament to address the need for stringent security measures in the aviation industry to protect passengers, crew, and the broader community from potential security risks. The Act aims to ensure that aviation security measures are implemented effectively and consistently across all airports and airside areas designated under its provisions. The policy objective of the Act is to enhance the overall security of the nation's aviation infrastructure, thereby contributing to public safety and national security. The notice issued by Pauline Margaret Sullivan, General Manager of Transport Security Operations, under the authority of the Act, specifically addresses the declaration of Gold Coast Airport as a security controlled airport and the establishment of its airside area. This revocation and re-declaration of security controls, as outlined in the notice, is aimed at updating and reaffirming the security measures in place at the airport to ensure compliance with the stringent security requirements set forth by the Aviation Transport Security Act 2004. This action underscores the commitment to maintaining high standards of aviation security, adapting to any changes in operational or security contexts, and ensuring the continuous protection of the airport and its operations.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person, aircraft, or entity involved in the aviation transport industry, encompassing the conduct and transactions occurring within the designated security controlled airports and airside areas across Australia. Specifically, the Act applies to entities operating at Gold Coast Airport, as recently declared under the Notice of Declaration of Security Controlled Airport and Airside Area. The geographic and jurisdictional reach of this Act is national, applying uniformly across the Commonwealth of Australia, thereby ensuring consistent security measures and protocols. The Act’s application may be further defined and extended through subordinate instruments, such as regulations and orders, which specify detailed operational requirements and exceptions. In this instance, the revocation and redeclaration of Gold Coast Airport as a security controlled airport under the Act underscores its comprehensive approach to securing critical aviation infrastructure.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) provides provisions for the regulation of aviation security, including the declaration of security controlled airports and airside areas. Section 28(2) of the Act allows for the revocation or declaration of security controlled airports, and section 29 facilitates the establishment of airside areas for these airports. Notice A03725, which was published in the Gazette (GN 33) on 22 August 2012, previously declared Gold Coast Airport as a security controlled airport. This notice has been revoked, and a new declaration has been made by Pauline Margaret Sullivan, the General Manager of Transport Security Operations for the Office of Transport Security. The new notice, which is published in the Gazette on 27 June 2014, declares Gold Coast Airport as a security controlled airport and establishes an airside area, the boundaries of which are specified on the attached maps that form part of this notice. Under the Act, the obligations imposed on parties or entities governed by this legislation include compliance with the security requirements for designated security controlled airports and airside areas. This includes adherence to any security measures and protocols that may be prescribed by the regulations or the responsible authorities. The declaration and establishment of a security controlled airport and airside area mandate that stringent security measures be implemented to safeguard against potential threats to aviation security. The Act provides for various offences, penalties, and consequences for breaches of its provisions. While the specific penalties are not detailed in the notice, it is understood that violations of the Act can result in both criminal and civil penalties. Under section 239 of the Act, a person found guilty of an offence can be subject to a fine of up to 200 penalty units or imprisonment for up to two years, or both. Additionally, civil penalties may be imposed, including fines of up to 50,000 penalty units for corporations and 10,000 penalty units for individuals, as stipulated in section 240 of the Act. These penalties underscore the seriousness with which the Act treats non-compliance and aim to ensure robust enforcement of aviation security measures.