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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to provide a legislative framework for aviation security, aiming to protect the public and critical infrastructure from threats to civil aviation. This Act establishes the legal basis for designating security controlled airports and airside areas, ensuring that necessary security measures are implemented and enforced. The policy objective behind the Act is to safeguard Australia's aviation system by setting out the obligations and standards for aviation security, thereby contributing to the overall safety and security of air travel within and beyond the nation's borders. The Notice of Declaration of Security Controlled Airport and Airside Area for Inverell Airport, issued by the Regional Director, Transport Security Operations, under the authority of the Department of Infrastructure and Regional Development, serves to revoke the previous declaration of Inverell Airport as a security controlled airport and re-establish its status and boundaries. This action aligns with the provisions of the Act, ensuring that the appropriate security measures are maintained to protect the airport and its airside area from potential threats. The Notice is effective from its publication in the Gazette and remains in force until revoked in writing and published subsequently in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to any individual or entity involved in the operation or management of an airport within Australia, including airlines, ground handling companies, and other aviation service providers. This Act governs the security of air transport and applies to all airports designated as security controlled airports, including Inverell Airport as per the notice of declaration. The Act's jurisdictional reach is national, applying to all Commonwealth territories and encompassing all airports that fall within its definition of a security controlled airport. The Act includes provisions that can be extended or restricted through subordinate instruments, such as regulations or directions, allowing for the detailed implementation of security measures. The Act does not specify exclusions or exemptions but relies on its broad application to ensure the security of Australia's aviation infrastructure, including the establishment of airside areas as delineated in the attached maps. This notice revokes a previous declaration and establishes new boundaries, demonstrating the Act's ability to adapt to changing circumstances while maintaining a stringent focus on aviation security.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) is pivotal in regulating security measures at airports in Australia. Section 28(2) of the Act allows the Regional Director, Transport Security Operations, to revoke or declare an airport as a security controlled airport. This power is exercised in the Notice of Declaration of Security Controlled Airport and Airside Area – Inverell Airport. Here, the Regional Director has revoked the previous declaration of Inverell Airport as a security controlled airport and simultaneously declared it as such again, specifying the boundaries of the airport and the airside area on the attached map (section 29). This re-declaration ensures that specific security measures are applied to safeguard the airport and its airside area. Under the Act, the obligations imposed on parties such as the Regional Director, airport operators, and other relevant entities are significant. The Regional Director is responsible for determining the security status of airports and must provide clear and precise boundaries for both the airport and its airside area. Airport operators, once an airport is declared as security controlled, must comply with the security measures prescribed by the Act. These measures typically include access control, screening, and other protective actions to ensure the safety of the airport and its operations. Breaches of the provisions set out in the Act can lead to severe consequences. The Act provides for both civil and criminal penalties for non-compliance. Section 18 of the Act outlines that any person who contravenes a provision of the Act may be subject to civil penalty provisions, which can include fines. Additionally, section 20 of the Act specifies that any person who engages in conduct that constitutes an offence may be subject to criminal penalties, including fines of up to $22,200 for individuals and $111,000 for bodies corporate, as stipulated by the Act. These provisions underscore the importance of strict adherence to the security requirements established under the Act.