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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures to protect civil aviation from acts of unlawful interference. This legislation was introduced by the Parliament of Australia to ensure that aviation security measures are robust and uniformly applied across all airports, thereby protecting passengers and maintaining the integrity of the national aviation system. The policy objective of the Act is to provide a framework for the regulation of aviation security, ensuring that all airports, especially those that handle international flights, adhere to stringent security standards. The Act empowers the relevant authorities to declare certain airports as security controlled, a status which imposes specific security requirements on those airports. This particular notice, issued under the authority of the Act, revokes a previous declaration that designated Leonora Airport as a security controlled airport and re-establishes it with new boundaries and an airside area as specified. This action underscores the dynamic nature of aviation security requirements, reflecting changes in operational needs, threat levels, and the evolving landscape of aviation security protocols. The notice is issued by Peter White, the General Manager of Transport Security Operations, on behalf of the Department of Infrastructure and Regional Development, and it comes into effect upon publication in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and persons involved in the aviation industry, including airlines, aircraft operators, and airport operators, as well as individuals or entities conducting activities that could affect aviation security. This legislation is designed to ensure the security of civil aviation within the Commonwealth of Australia and extends to all airports, aerodromes, and aircraft registered in Australia, regardless of their location. The Act provides the legal framework for the implementation of security measures and regulations to prevent and mitigate threats to aviation security. Notably, the Act can be extended and specified through subordinate instruments, which allows for detailed regulations and standards to be established and enforced. The Act does not apply to military aircraft or operations, which are governed by separate legislation and regulations. The revocation and redeclaration of Leonora Airport as a security controlled airport, as indicated in the Notice of Declaration of Security Controlled Airport and Airside Area, is an example of how the Act's scope can be adjusted to reflect changes in security needs and operational status. This Notice ensures that the security measures applicable to Leonora Airport are clearly defined and enforced, thereby maintaining the integrity of the aviation security framework in Australia.

Key Provisions

The key operative sections of the notice are sections 28(2) and 29 of the Aviation Transport Security Act 2004 (the Act), which allow the General Manager, Transport Security Operations, to revoke an existing declaration and establish a new declaration of a security controlled airport and its airside area. Section 28(2) enables the revocation of the previous declaration of Leonora Airport as a security controlled airport, as published in the Gazette on 20 May 2009 (Notice s28/200912). This revocation is effective upon the publication of the new notice in the Gazette. Following the revocation, section 28(2) is again utilised to declare Leonora Airport as a security controlled airport, with the boundaries of the airport clearly delineated on an attached map that forms part of this notice. Additionally, section 29 of the Act is invoked to establish an airside area for Leonora Airport, with the specific area also indicated on the attached map. The Act imposes several obligations and requirements on the parties and entities governed by it. The General Manager, Transport Security Operations, is responsible for making the necessary declarations and revocations under sections 28(2) and 29. This includes the publication of these declarations in the Gazette to ensure they are officially recognised and communicated to the public. The attached map is a critical component, as it provides the precise geographical boundaries of the security controlled airport and the airside area. This ensures that all stakeholders, including airport authorities, security personnel, and the public, have a clear understanding of the areas subject to security controls. The notice also specifies that these declarations remain in force until they are revoked in writing and published in the Gazette again. The Act outlines potential offences, penalties, and consequences for breaches of its provisions. Although the notice itself does not specify particular penalties for non-compliance, the overarching Act provides a framework for enforcement. Generally, breaches of aviation security regulations can lead to civil or criminal penalties. Civil penalties may include fines, while criminal offences can result in imprisonment. The maximum penalties are not detailed in this specific notice but are defined within the broader provisions of the Act. It is essential for all parties involved to adhere to the declared boundaries and requirements to avoid any legal repercussions.