Notice of Declaration of Security Controlled Airport and Airside Area – Hobart Airport

Overview

The Aviation Transport Security Act 2004 was enacted to establish a framework for aviation transport security in Australia, addressing the need to protect the nation's air transport system from acts of unlawful interference and ensuring the safety of passengers, crew, and aircraft. The Act was introduced to address the gap in security provisions at designated airports, ensuring that measures are in place to mitigate potential threats. The enacting body was the Parliament of Australia, with the policy objective of enhancing aviation security to protect the public and maintain the integrity of the air transport system. The Act provides the authority for the declaration of security controlled airports and the establishment of airside areas, ensuring that specific security measures are implemented at these locations to safeguard against threats. In accordance with the Aviation Transport Security Act 2004, the Acting Director, Transport Security Operations, Aviation and Maritime Security Division, Michael Gray, has revoked the previous declaration of Hobart Airport as a security controlled airport and re-declared it as such, along with establishing an airside area for the airport. This action is necessary to ensure that the appropriate security measures are enforced at Hobart Airport, reflecting any changes in security needs or operational requirements. The declaration and establishment are formalised through a notice published in the Commonwealth of Australia Gazette, and the changes will remain in effect until they are revoked in writing and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons and entities involved in aviation activities within Australia, including airlines, airports, and other entities providing services to aircraft and passengers. This legislation pertains specifically to the security of aviation transport and encompasses conduct and transactions related to the security of aircraft, airports, and air travel. The geographic and jurisdictional reach of the Act is national, extending across all states and territories of Australia, thereby ensuring a uniform standard of aviation security throughout the Commonwealth. The Act may apply to international flights departing from Australian airports, thus extending its reach beyond national borders to include international aviation security matters. The Act includes provisions for subordinate instruments to further define and extend its application, allowing for detailed regulations and specific rules to be established to address evolving security threats. Notably, certain exemptions and thresholds may apply, particularly concerning smaller aircraft or airports, which may not be subject to the same stringent security measures as larger commercial airports. The Act also includes provisions for revocation and modification of security measures through notices published in the Gazette, as demonstrated by the revocation and subsequent re-declaration of Hobart Airport as a security controlled airport.

Key Provisions

The main operative sections of this Notice under the Aviation Transport Security Act 2004 (the Act) include the revocation of the previous notice NTC-15427 (subsection 28(2)), the declaration of Hobart Airport as a security controlled airport, and the establishment of an airside area for Hobart Airport (section 29). Section 28(2) of the Act allows for the declaration of an airport as a security controlled airport, which is a critical step in ensuring the security of aviation operations. The attached map delineates the specific boundaries of the airport and the airside area, which are integral parts of this declaration. The obligations imposed by this Act on the parties or entities it governs include adherence to the security measures and protocols that are necessary to protect the designated areas from unauthorised access and potential security threats. This involves compliance with the security regulations and procedures set forth by the Department of Home Affairs, ensuring that all activities within the security controlled airport and airside area adhere to the highest standards of aviation security. The declaration also mandates that appropriate security measures are implemented and maintained to safeguard the interests of the public and the aviation industry. Breaching the provisions of the Act can lead to significant consequences. Under the Act, offences related to the unauthorised entry into a security controlled airport or airside area can result in both criminal and civil penalties. The maximum penalty for contravening the Act can include substantial fines and imprisonment, reflecting the seriousness of compromising aviation security. The specific penalties are determined by the severity of the offence and the circumstances under which it occurred, with the aim of deterring any actions that could endanger the security of the aviation sector.