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

Overview

The Aviation Transport Security Act 2004 was enacted to provide a legislative framework for the security of civil aviation transport in Australia, addressing the need for stringent security measures to protect passengers, aircraft, and airport infrastructure from potential terrorist attacks and other security threats. This Act was introduced by the Australian Parliament to ensure that aviation security measures are uniformly applied across all airports within the country, thereby enhancing the overall safety and security of the aviation industry. The policy objective of the Act is to establish a consistent and comprehensive security regime for civil aviation, which includes the designation of security controlled airports and the delineation of airside areas subject to specific security regulations. The Act empowers the relevant authorities to implement and enforce these security measures effectively. On 16 June 2017, a notice was published in the Gazette, revoking the previous declaration that designated Hobart Airport as a security controlled airport and subsequently re-declaring it under the provisions of the Aviation Transport Security Act 2004. This action was taken by Raymond Thesira, acting as a delegate of the Secretary of the Department of Infrastructure and Regional Development. The notice also established an airside area for Hobart Airport, outlining its boundaries as per the attached map. This re-declaration ensures that Hobart Airport continues to be subject to the stringent security measures mandated by the Act, thereby maintaining the high standards of aviation security required to protect the interests of all stakeholders in the aviation industry.

Scope and Application

The Aviation Transport Security Act 2004 applies to the protection of civil aviation and aviation infrastructure within the Commonwealth of Australia, including airports designated as security controlled airports. This Act governs the security measures and standards that must be adhered to at these airports to safeguard against potential threats to aviation security. The Act applies to a range of entities, including airports, airlines, passengers, and all persons or entities engaged in activities within the airside area of a security controlled airport. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act can extend or restrict its application through subordinate instruments, which may include regulations and notices such as the one in question, detailing specific security measures or the designation of particular airports as security controlled. Exemptions and exclusions are possible, often detailed in subordinate instruments, but the primary scope of the Act is to ensure the safety and security of the nation's aviation infrastructure and passengers. The revocation of a previous notice and the declaration of a new security controlled airport, such as Hobart Airport, highlights the Act's dynamic nature in adapting to evolving security needs.

Key Provisions

The Aviation Transport Security Act 2004, through the Notice issued by Raymond Thesira, A/Director, Transport Security Operations, includes specific provisions regarding the designation of security controlled airports and airside areas. Section 28(2) of the Act allows for the declaration of an airport as a security controlled airport, as well as the establishment of an airside area within that airport. In this instance, Notice NTC-13411 revokes the previous notice, NTC-12648, which had declared Hobart Airport a security controlled airport, and replaces it with new boundaries for the airport and airside area, as detailed in the attached map. This notice comes into effect upon publication in the Gazette. The obligations imposed by the Act on the parties and entities governed by this legislation are primarily concerned with the security and safety of the designated airport and airside areas. The Act requires that appropriate security measures are implemented and maintained to protect against threats to aviation security. For airports declared as security controlled, this includes compliance with stringent security protocols and regulations, which may encompass passenger screening, baggage checks, access control, and other security-related activities. The establishment of an airside area further delineates the specific zones within the airport where these security measures must be strictly enforced. Failure to comply with the provisions of the Aviation Transport Security Act 2004 can lead to various consequences. Offences under the Act may result in both civil and criminal penalties. For instance, individuals or entities found in breach of the Act's provisions may face fines, imprisonment, or both. The maximum penalties can vary depending on the specific offence and the severity of the breach. For example, wilful or reckless conduct that results in serious harm or death may attract more severe penalties, including longer prison terms and higher fines. The enforcement of these penalties is intended to ensure adherence to the Act's requirements and to maintain the integrity of aviation security across Australia.