Notice of Declaration of Security Controlled Airport and Airside Area – Hobart International 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. This legislation was brought into effect by the Commonwealth Parliament and aimed to ensure the safety and security of Australia's aviation transport system. The Act provides a framework for the implementation of security measures at airports, including the designation of security controlled airports and the establishment of airside areas. The Act empowers the Secretary of the Department of Infrastructure and Regional Development to declare airports as security controlled and to define the boundaries of airside areas, which are critical for enforcing security protocols. This legislative measure was essential in aligning Australia with international standards for aviation security and ensuring the safety of passengers and aircraft.

Scope and Application

The Aviation Transport Security Act 2004 applies to a range of persons, entities, and conduct within the aviation industry to ensure the security of aviation transport. The Act establishes measures and requirements for security control at airports, particularly focusing on security controlled airports and airside areas. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia. This Notice specifically pertains to Hobart International Airport, revoking the previous declaration and re-establishing it as a security controlled airport with defined airside area boundaries. The Act extends its application through subordinate instruments, which provide further detail on security measures and compliance requirements. There are no stated exclusions or exemptions in this Notice, but thresholds for security control are set out in the Act itself. The Notice is effective upon publication in the Gazette and remains in force until revoked in writing and subsequently published in the Gazette.

Key Provisions

The key provisions of the Aviation Transport Security Act 2004 (the Act) revolve around the declaration and revocation of security controlled airports and airside areas, as illustrated by Notice of Declaration of Security Controlled Airport and Airside Area – Hobart International Airport. Under subsection 28(2) of the Act, Pauline Sullivan, as the General Manager of Transport Security Operations in the Office of Transport Security, revoked Notice A02803 which previously declared Hobart International Airport as a security controlled airport (subsection 28(2)). In its place, this new notice declares Hobart International Airport as a security controlled airport, with the boundaries of the airport detailed on an attached map which becomes part of this notice (subsection 28(2)). Furthermore, this notice establishes an airside area for Hobart International Airport as per section 29 of the Act, with the specific area indicated on the same attached map. This notice becomes effective upon its publication in the Gazette. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the General Manager of Transport Security Operations, through Pauline Sullivan, is responsible for making declarations and revocations regarding security controlled airports and airside areas. These declarations and revocations must be published in the Gazette to be effective, as per the note included in the notice. Additionally, the boundaries of the airport and the airside area must be clearly defined and made publicly available, which is achieved through the inclusion of an attached map. These requirements ensure that the public and relevant stakeholders are aware of the designated security zones. Breaching the obligations and requirements outlined in the Act may result in various consequences. While the notice itself does not detail specific offences or penalties, the Act provides for the imposition of civil and criminal penalties for non-compliance. For example, under section 247 of the Act, any person who contravenes a provision of the Act may be subject to a penalty. The maximum penalties vary depending on the nature of the offence, with potential fines and imprisonment terms available. Civil penalties can include substantial fines, while criminal penalties may include imprisonment for up to two years or both, depending on the severity of the breach. These provisions underscore the importance of adhering to the Act’s requirements to maintain the security of aviation transport.