Notice of Declaration of Security Controlled Airport and Airside Area – Horn Island Airport

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the security of civil aviation in Australia, addressing gaps in the protection of air transport from acts of unlawful interference. This Act was established by the Commonwealth Parliament with the overarching policy objective of safeguarding Australia's aviation infrastructure and passengers from potential threats, thereby contributing to the nation's broader security framework. The Act provides the legal basis for the implementation of security measures at designated airports and on aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization. This legislative framework is crucial for maintaining the integrity and safety of Australia's air transport system. In the context of Horn Island Airport, the Act facilitates the designation of the airport as a security controlled area, ensuring that stringent security protocols are enforced to protect against unlawful interference. This particular enactment, as seen in Notice NTC-12975, revokes a previous declaration and reestablishes the airport as a security controlled site, highlighting the dynamic nature of aviation security measures in response to evolving threats and operational requirements.

Scope and Application

The Aviation Transport Security Act 2004 applies to a wide range of entities and individuals, including airlines, passengers, airport operators, and security personnel, with a specific focus on ensuring the security of aviation transport within Australia. The Act establishes the regulatory framework for security measures at designated airports and on aircraft, and it applies across the Commonwealth, encompassing all states and territories. It mandates the implementation of stringent security protocols to prevent acts of unlawful interference with civil aviation. Notably, the Act includes provisions for the declaration and revocation of security controlled airports and their airside areas, as seen in the revocation of Horn Island Airport's security control status and its subsequent re-establishment through a formal notice. This Act extends its application through subordinate instruments, such as regulations and orders, which provide detailed operational and procedural guidelines. However, the Act does not apply to all airports; instead, it specifically targets those that are declared as security controlled, thereby tailoring its application to airports posing significant security risks. The boundaries and scope of these security-controlled areas are clearly defined through Gazette notices and accompanying maps, ensuring precise jurisdictional reach.

Key Provisions

The key provisions of the notice revolve around the revocation of a previous declaration and the establishment of new security measures at Horn Island Airport. Firstly, under subsection 28(2) of the Aviation Transport Security Act 2004, the Director of Transport Security Operations, Robert Pugsley, revoked Notice NTC-8242 which previously declared Horn Island Airport as a security controlled airport. This revocation was made effective from the date of publication of this new notice in the Gazette, specifically 20 April 2017. Secondly, this new notice declares Horn Island Airport as a security controlled airport, with the boundaries of the airport clearly defined in the attached map, which is part of this notice. Additionally, the notice establishes an airside area for Horn Island Airport, as indicated on the attached map, in accordance with section 29 of the Act. The obligations imposed by the Act on parties or entities governed by this notice include adherence to the security protocols and regulations pertinent to a security controlled airport. This encompasses all airlines, passengers, airport staff, and other entities operating within or around Horn Island Airport. They are required to comply with the security measures and restrictions that are mandated for such airports to ensure the safety and security of air transport operations. This includes measures such as screening of passengers and baggage, access control, and coordination with relevant security authorities. Failure to comply with the provisions of the Aviation Transport Security Act 2004 can result in severe consequences. Offences under this Act can lead to both civil and criminal penalties. For example, under section 165, any person who contravenes the Act can be subject to fines and imprisonment. The maximum penalty for individuals is a fine of up to $126,000 or imprisonment for up to two years, or both. For bodies corporate, the penalties can be significantly higher, with fines reaching up to $630,000 for breaches involving security controlled airports. These penalties underscore the importance of adhering to the stringent security measures outlined in the Act.