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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for comprehensive security measures within the aviation industry. This legislation was introduced to ensure the protection of aviation transport and to mitigate the risks associated with aviation security threats. The policy objective of the Act is to provide a robust framework for the regulation and enforcement of security measures at airports and on aircraft, thereby safeguarding the safety and security of passengers, crew, and the general public. In accordance with the Act, the General Manager of Transport Security Operations has the authority to declare certain airports as security controlled airports and to establish airside areas requiring heightened security protocols. This is exemplified by the recent revocation and redeclaration of Leonora Airport as a security controlled airport, reflecting the dynamic nature of security needs within the aviation sector. The notice issued by Peter White, acting as a delegate of the Secretary of the Department of Infrastructure and Regional Development, revokes a previous declaration concerning Leonora Airport and re-establishes it as a security controlled airport. This action underscores the continuous evaluation and adaptation of security measures to address emerging threats and vulnerabilities. The notice, which is published in the Commonwealth of Australia Gazette, not only designates the airport but also specifies the airside area boundaries through an attached map. This detailed approach ensures that the security measures are clearly defined and enforceable, thereby maintaining the integrity of aviation security protocols. The notice remains in effect until formally revoked and republished in the Gazette, highlighting the Act's emphasis on flexibility and responsiveness in security regulation.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person, entity, or aircraft involved in the operation of an airport or any airside area designated as a security-controlled airport within the Commonwealth of Australia. This includes the actions of airlines, passengers, airport staff, and other entities that may operate within the airport's premises. The Act specifically extends to the establishment and regulation of security measures and protocols in airports and airside areas, thereby governing conduct and transactions that directly or indirectly impact aviation security. The Act’s jurisdiction is national, applying across all states and territories of Australia. However, the Act allows for certain exclusions and exemptions, such as when the Minister declares that specific airside areas do not require security measures due to low-risk profiles. The Act can also extend or restrict its application through subordinate instruments, enabling the Minister to implement additional security measures or modify existing regulations in response to evolving security threats. The revocation and declaration of specific airports as security-controlled sites, as exemplified by the Notice concerning Leonora Airport, further illustrate the Act's adaptability and focus on maintaining robust aviation security nationwide.

Key Provisions

The key operative sections of the Aviation Transport Security Act 2004 (the Act) are notably sections 28 and 29. Section 28(2) provides the authority for the declaration of a security controlled airport and the establishment of an airside area. This particular notice revokes a previous declaration (Notice s28/200912) and re-establishes Leonora Airport as a security controlled airport. The boundaries of the airport and the specific airside area are outlined in the attached map which forms an integral part of this notice. The Act imposes several obligations and requirements on the parties involved. It mandates that the General Manager of Transport Security Operations must ensure that the airport is adequately secured to prevent unauthorised access to the airside area. This includes implementing appropriate security measures and protocols to safeguard against potential threats. Additionally, the Act requires the General Manager to establish the airside area as specified, ensuring that all relevant boundaries are clearly defined and communicated to the appropriate stakeholders. Failure to comply with the provisions of the Act can result in various consequences. While the specific offences and penalties are not detailed in this notice, breaches of the Act can lead to civil or criminal sanctions. In the context of aviation security, this could include fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties are not specified in this notice but are outlined elsewhere in the Act, which provides a comprehensive framework for enforcement and compliance. In summary, this notice revokes the previous designation of Leonora Airport as a security controlled airport and re-establishes it under the Act's provisions. It clearly defines the airport boundaries and the airside area, which must be secured in accordance with the Act's requirements. Non-compliance can lead to significant civil or criminal penalties, underscoring the importance of adherence to the established security measures.