Notice of Declaration of Security Controlled Airport and Airside Area - Hervey Bay Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports to protect against acts of unlawful interference with civil aircraft and to safeguard aviation security. This Act was introduced by the Australian Parliament to ensure that aviation transport security is robust and consistent across the country, thereby enhancing the safety and security of air travel. The policy objective of the Act is to prevent and mitigate threats to aviation security by implementing a framework that mandates security measures at designated airports and on aircraft. The Act allows for the declaration of airports as security controlled, which involves establishing security protocols and designating airside areas that are subject to heightened security measures. The 2016 Gazette notice under this Act, concerning Hervey Bay Airport, serves to revoke a previous declaration and establish new boundaries for the security controlled airport and its airside area, reflecting adjustments to the airport's operational security needs.

Scope and Application

The Aviation Transport Security Act 2004 applies to all persons and entities involved in the operation and use of airports in Australia, particularly focusing on those that are designated as security controlled airports. This includes airlines, airport operators, and other entities involved in the provision of aviation services. The Act extends to any conduct or transactions occurring within the designated airside areas of airports that are classified as security controlled, such as Hervey Bay Airport as outlined in the notice. The geographic reach of the Act is national, applying across the Commonwealth of Australia. However, the Act allows for the specific exclusion of certain areas or airports through subordinate instruments, as evidenced by the revocation of the previous notice for Hervey Bay Airport. The notice of revocation and re-declaration of Hervey Bay Airport as a security controlled airport specifies the boundaries of the airport and the airside area, which are detailed on the attached map and form part of the notice. This notice remains in effect until it is formally revoked and published in the Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) contains provisions that enable the declaration of security controlled airports and the establishment of airside areas. Section 28(2) allows the Director of Transport Security Operations to revoke or declare a security controlled airport, as demonstrated in this Notice (A03647) concerning Hervey Bay Airport. The Notice, published in the Gazette (No. GN 26, 04 July 2012), revokes the previous declaration of Hervey Bay Airport as a security controlled airport and re-declares it with updated boundaries. Additionally, section 29 of the Act empowers the Director to establish an airside area for the airport, which is also defined in this Notice. The Notice is effective upon publication in the Gazette. The Act imposes several obligations on the parties and entities it governs. The Director of Transport Security Operations is responsible for declaring security controlled airports and establishing airside areas. The boundaries of these areas must be clearly defined, as illustrated in the attached map to this Notice. Furthermore, any changes to the status or boundaries of a security controlled airport must be formally declared in writing and published in the Gazette, ensuring transparency and legal clarity. Under the Act, breaches of the provisions concerning security controlled airports and airside areas may result in significant consequences. Although the specific offences and penalties are not detailed in this Notice, the Act generally provides for both civil and criminal penalties for non-compliance with its requirements. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the seriousness with which the Act treats security breaches in aviation transport. The maximum penalties are stipulated in other sections of the Act, but they underscore the importance of adhering to the declared boundaries and operational requirements. The Notice clarifies that it remains in force until revoked in writing and published in the Gazette, ensuring that any future changes are formally documented and communicated. This procedural requirement ensures that stakeholders are aware of any modifications to the security status of the airport and the defined airside area. Such formal revocation and declaration processes are essential for maintaining the integrity and security of the aviation transport system in Australia.