Notice of Declaration of Security Controlled Airport and Airside Area - Kalgoorlie-Boulder Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to address the need for comprehensive security measures in aviation transport. The Act was designed to fill the gap in national security protocols related to the aviation sector, ensuring that airports and aircraft are protected against acts of unlawful interference. This was necessitated by the growing recognition of aviation as a critical infrastructure sector vulnerable to terrorism and other security threats. The policy objective of the Act is to provide a legislative framework for the security of civil aviation and to ensure that adequate measures are in place to safeguard passengers, crew, and aircraft from potential threats. On 26 July 2013, Pauline Margaret Sullivan, the General Manager of Transport Security Operations in the Office of Transport Security, issued a notice under the Act to revoke a previous declaration that designated Kalgoorlie-Boulder Airport as a security controlled airport. This was followed by a new declaration that re-established Kalgoorlie-Boulder Airport as a security controlled airport, with the airside area boundaries being specified in the attached map. This notice became effective upon publication in the Gazette and remains in force until it is formally revoked in writing and subsequently published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to all persons and entities involved in the operation and use of airports that are designated as security controlled airports. This includes individuals such as passengers, airport staff, and contractors, as well as entities like airlines, ground handling companies, and the airport itself. The Act specifically governs the conduct and transactions taking place within the designated airside areas of these airports. The geographic and jurisdictional reach of the Act is national, as it pertains to the Commonwealth of Australia. The Act includes provisions that allow for the revocation and declaration of security controlled airports through subordinate instruments, as demonstrated by the notice revoking the previous declaration for Kalgoorlie-Boulder Airport and establishing it anew. Exemptions and thresholds within the Act are outlined to address various operational aspects and ensure that security measures are proportionate and effective. The Act’s provisions extend through regulations and other legislative instruments, thereby enabling detailed and specific application across different scenarios and contexts.

Key Provisions

The key operative sections of the Aviation Transport Security Act 2004 (the Act) in this Notice, A05215, include the revocation of the previous declaration (subsection 28(2)) and the establishment of a new security controlled airport status for Kalgoorlie-Boulder Airport, along with defining its airside area (section 29). These provisions are designed to outline the specific boundaries and security protocols applicable to the airport, ensuring that the aviation security measures are clearly defined and enforced. Under the Act, the obligations and requirements imposed on the parties or entities governed by this legislation include the adherence to security protocols within the newly defined security controlled airport and airside area. The declaration of Kalgoorlie-Boulder Airport as a security controlled airport means that stringent security measures must be implemented and maintained at the airport. This includes ensuring that all individuals and goods accessing the airside area comply with security regulations. Furthermore, any entity operating within the airport's boundaries must cooperate with security personnel and comply with the security directives issued by the relevant authorities. The Act also stipulates potential offences, penalties, and consequences for breaches of its provisions. Those who fail to comply with the security regulations at a security controlled airport may face both civil and criminal penalties. For instance, under the Act, individuals who intentionally contravene the security provisions may be subject to criminal prosecution, potentially resulting in fines and imprisonment. The maximum penalties for such offences are specified within the Act, reflecting the seriousness with which aviation security is treated. The enforcement of these penalties serves as a deterrent to non-compliance and ensures that the security measures are robustly upheld.