Notice of Declaration of Security Controlled Airport and Airside Area - Latrobe Regional Airport

Overview

The Aviation Transport Security Act 2004 was enacted to enhance the security of Australia's aviation transport system and to protect the public and critical infrastructure from potential threats. This legislation was introduced to address the need for comprehensive and coordinated security measures within Australia's aviation sector, aiming to prevent acts of unlawful interference and to ensure the safety of passengers, crew, and aircraft. The Act was passed by the Parliament of Australia, reflecting a policy objective to safeguard the nation's aviation security in line with international standards and best practices. On 9 September 2013, Warwick Clarke Bull, Regional Director, Transport Security Operations, acting on behalf of the Secretary of the Department of Infrastructure and Transport, issued a notice revoking the previous declaration of Latrobe Regional Airport as a security controlled airport. This action was taken under the authority provided by subsection 28(2) of the Act and was intended to establish new boundaries for the airport and delineate the airside area, ensuring that appropriate security measures are implemented and maintained at this location. The notice, published in the Commonwealth of Australia Gazette, remains in effect until it is formally revoked and re-published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities, including airports, airlines, and other entities involved in the aviation industry within Australia. Specifically, the Act governs the security protocols and measures that need to be adhered to at designated security controlled airports, such as Latrobe Regional Airport, to safeguard against threats to aviation security. The Act mandates the declaration of security controlled airports and the establishment of airside areas, which are regions of an airport where stringent security measures must be implemented. The Act’s jurisdiction is national, applying across the Commonwealth of Australia, ensuring a uniform approach to aviation security. Exclusions or exemptions from the Act are not explicitly mentioned in the text, though it is likely that certain small or less critical airports may not be classified as security controlled airports unless they are deemed necessary for national security reasons. The application of the Act may also be extended or modified through subordinate instruments, such as notices and regulations, which provide further detail on the implementation of security measures and the boundaries of designated areas.

Key Provisions

The main operative sections of this Notice pertain to the revocation, declaration, and establishment of Latrobe Regional Airport as a security controlled airport and its airside area. Under subsection 28(2) of the Aviation Transport Security Act 2004, the Notice revokes the previous declaration of Latrobe Regional Airport as a security controlled airport, which was previously announced in Notice S28/2007029 and published in the Gazette (No. S11, 17 January 2008). This revocation takes immediate effect upon publication of the Notice in the Gazette. Subsequently, the Notice declares Latrobe Regional Airport as a security controlled airport, with its boundaries specified on the attached map, which is an integral part of the Notice. Additionally, the Notice establishes an airside area for Latrobe Regional Airport, as per section 29 of the Act, with the specific area delineated on the attached map. The obligations and requirements imposed by the Act on the parties or entities it governs include strict adherence to the security protocols and regulations for the designated security controlled airport and airside area. These obligations encompass ensuring that all necessary security measures are in place to protect the airport and its airside area from potential threats. This includes implementing security checks, monitoring systems, and other protective measures as required by the Act. Additionally, any entity operating within the airside area must comply with the security regulations and protocols established by the Act. These requirements ensure that the security of the airport and its airside area is maintained to safeguard against any potential security risks. The Act also outlines the consequences for breach of its provisions, including offences and penalties. Any individual or entity that fails to comply with the security requirements for the designated security controlled airport and airside area may be subject to both civil and criminal consequences. Under the Act, breaches of security provisions can result in fines and imprisonment. The maximum penalties for such offences are prescribed in the Act, although the exact penalties depend on the nature and severity of the breach. These provisions serve to enforce compliance with the security regulations and to deter any actions that could compromise the security of the airport and its airside area.