Notice of Declaration of Security Controlled Airport and Airside Area - Jandakot Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures within the aviation sector, particularly focusing on the protection of airports and airside areas from potential threats. This Act was introduced by the Parliament of Australia, aiming to safeguard the aviation industry against acts of unlawful interference and to ensure the safety of passengers, crew, and the public at large. The policy objective of the Act is to establish and enforce security regulations that align with international standards and protocols, thereby enhancing the overall security framework of Australian airports. In the context of the notice published in the Gazette on 20 June 2019 by Christine Deegan, Acting Director of Transport Security Operations in the Aviation and Maritime Security Division, the Act is utilised to revoke the security control designation of Jandakot Airport while simultaneously declaring Gladstone Airport as a security controlled airport. This action is taken under the authority provided by subsection 28(2) of the Act, which allows for the establishment and modification of security controlled airports and their associated airside areas. The notice also delineates the boundaries of Gladstone Airport's airside area, which is essential for implementing and enforcing the required security measures effectively.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities, including airports, airlines, and other persons involved in the aviation industry, regulating security measures to protect against threats to civil aviation. This Act covers the geographic reach of Commonwealth law and extends to all airports designated as security controlled airports, including the newly declared Gladstone Airport. The Act revokes the previous designation of Jandakot Airport as a security controlled airport and establishes Gladstone Airport within the scope of this legislation. The Act's application is defined through subordinate instruments, such as the attached map, which detail the specific boundaries of the security controlled airport and the airside area. This Notice is effective from its publication in the Gazette, thereby altering the jurisdictional application of the Act to the new airport while simultaneously revoking the previous designation. The application of the Act is comprehensive, ensuring that all relevant entities within the specified areas adhere to the security protocols mandated by this legislation.

Key Provisions

The main operative sections of the notice include the revocation of a previous declaration (subsection 28(2)) that declared Jandakot Airport as a security controlled airport, the declaration of Gladstone Airport as a security controlled airport (subsection 28(2)), and the establishment of an airside area for Gladstone Airport (section 29). These provisions are intended to update and clarify the status of security control over specified airports and their respective airside areas. The obligations and requirements imposed by this Act concern the declaration and management of security controlled airports and their airside areas. The declaration of an airport as a security controlled airport (subsection 28(2)) mandates that stringent security measures are to be implemented and enforced within the airport's boundaries to safeguard against potential threats to aviation security. The establishment of an airside area (section 29) further delineates specific zones within the airport that are subject to heightened security protocols, ensuring that only authorised personnel and vehicles have access to these critical areas. Breaches of the obligations and requirements set out in the Act may result in both civil and criminal consequences. Offences under the Aviation Transport Security Act 2004 could include unauthorised access to a security controlled airport or airside area, failure to comply with security measures, and any actions that compromise the safety and security of aviation operations. The penalties for these offences are severe, with maximum penalties potentially including substantial fines and imprisonment. Specifically, individuals found guilty of serious offences may face fines of up to $220,000 and imprisonment for up to 10 years, while corporations may be fined up to $1,100,000. These penalties underscore the importance of adhering to the Act's provisions to maintain the high standards of aviation security.