Aviation Transport Security Act 2004
NOTICE OF DECLARATION OF SECURITY CONTROLLED AIRPORT AND AIRSIDE AREA – HOBART AIRPORT
I, ROSENDO ORTEGA, Acting Director, Transport Security Operations, Aviation and Maritime Security Division:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), Notice NTC-14954 which declared Hobart Airport as a security controlled airport as published in the Gazette (C2018G00622 7 August 2018);
DECLARE, under subsection 28(2) of the Act, that Hobart Airport is a security controlled airport, the boundaries of Hobart Airport are shown on the attached map which forms part of this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Hobart Airport being that area indicated as the airside area on the attached map.
This Notice commences upon publication in the Gazette.
Date: 29 November 2018
Ross Ortega
Delegate of the Secretary of the
Department of Home Affairs
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
Overview
The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at Australian airports to protect against terrorist threats and other security risks. The Act was introduced by the Parliament of Australia, aiming to establish a comprehensive framework for aviation security that aligns with international standards and best practices. This legislation plays a crucial role in safeguarding the nation's aviation infrastructure and ensuring the safety of passengers, crew, and airport personnel. The Act allows for the declaration of security controlled airports and the establishment of airside areas, as demonstrated in the revocation and redeclaration of Hobart Airport's status, reflecting ongoing efforts to adapt and maintain robust security protocols.
Scope and Application
The Aviation Transport Security Act 2004 applies to the regulation of aviation security measures, including the declaration and control of security at airports within Australia. This Act mandates that certain airports be designated as security controlled airports, with specific zones such as the airside area being defined and regulated to ensure the safety and security of aviation operations. The Act applies to any person or entity operating within the designated security controlled airports and airside areas, ensuring compliance with security protocols and procedures. The geographic reach of the Act is national, covering all airports within Australia's jurisdiction. Exclusions or exemptions from the Act's application are not specified in this particular notice, which focuses on the revocation and redeclaration of Hobart Airport as a security controlled airport and the establishment of its airside area. The Act's application may be extended or restricted through subordinate instruments, such as regulations or orders, which provide further detail on security measures and compliance requirements. This notice, published in the Gazette, is effective upon its publication and remains in force until formally revoked and published in the Gazette.
Key Provisions
The Aviation Transport Security Act 2004 (the Act) governs the security measures for aviation transport in Australia, and includes provisions for the designation and control of security in airports. Section 28(2) of the Act allows the declaration of a security controlled airport, while section 29 establishes the boundaries of an airside area within a declared airport. The Notice of Declaration of Security Controlled Airport and Airside Area – Hobart Airport, published in the Gazette, revokes the previous declaration (NTC-14954) and re-declares Hobart Airport as a security controlled airport, with the specific boundaries of the airport and the airside area illustrated on an attached map. This new declaration is effective from the date of its publication in the Gazette.
The obligations imposed by the Act on the parties and entities governed by this Notice include adherence to the security measures outlined within the designated airside area of Hobart Airport. This means that all persons and entities operating within this area must comply with the stringent security protocols established under the Act, which are designed to prevent unauthorised access and potential threats to aviation security. Such measures may include access control, surveillance, and other security-related procedures that are deemed necessary by the authorities responsible for implementing the Act.
Failure to comply with the provisions of the Act or the specific requirements outlined in this Notice can result in various penalties and consequences. Under the Act, breaches of the security measures within a security controlled airport can lead to civil or criminal penalties. The specific penalties for breaches are not detailed within the Notice itself, but they can include fines, imprisonment, or both, depending on the severity of the offence. The Act provides for significant deterrents to ensure that all parties comply with the necessary security protocols to maintain the safety and security of aviation transport.
The Notice also emphasises the importance of continuous monitoring and enforcement of the security measures. The declaration of Hobart Airport as a security controlled airport remains in effect until it is revoked in writing and subsequently published in the Gazette. This ensures that the security measures can be adapted and updated as necessary to address new threats or changes in the aviation environment. The revocation and re-declaration process ensures that the security protocols remain effective and relevant, providing a robust framework for the protection of aviation transport in Australia.