Notice of Declaration of Security Controlled Airport and Airside Area - Lockhart River Aerodrome

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a robust framework for the security of aviation transport, addressing the growing need for stringent measures to safeguard against threats to civil aviation. The Act was introduced to ensure that aviation security is uniformly managed across the country, filling a critical gap in the protection of air transport infrastructure and passengers. The policy objective of the Act is to provide for the security of aircraft, aerodromes, and air transport, with a focus on preventing acts of unlawful interference with civil aviation. This legislative framework is vital in maintaining the safety and security of Australia's aviation sector, thereby protecting national interests and ensuring public confidence in air travel. The notice under review pertains to the revocation and redeclaration of Lockhart River Aerodrome as a security controlled airport under the Act, as well as the establishment of an airside area. This action was taken by Roger Lonie, as the Acting Director of Queensland Transport Security Operations within the Office of Transport Security, on behalf of the Secretary of the Department of Infrastructure and Regional Development. The notice serves to clarify the boundaries of the aerodrome and the specific airside area, ensuring that appropriate security measures are applied and enforced in accordance with the provisions of the Act. This administrative update underscores the ongoing commitment to maintaining stringent security protocols in Australia's aviation landscape.

Scope and Application

The Aviation Transport Security Act 2004 applies to individuals and entities involved in aviation activities within Australia, including aircraft operators, passengers, crew members, and airport operators. The Act establishes security measures to protect aviation transport from acts of unlawful interference. It covers security controlled airports, including their airside areas, and mandates compliance with specified security standards. The geographic reach of the Act is national, applying across all states and territories in Australia. The Act also allows for the establishment of security controlled airports through subordinate instruments, such as the notice revoking and re-declaring Lockhart River Airport as a security controlled airport. The revocation and re-declaration of Lockhart River Airport as a security controlled airport and the establishment of its airside area, as per the notice, indicate the application of the Act's provisions to specific airports and their designated areas. The notice remains in effect until it is revoked and published in the Gazette.

Key Provisions

The primary sections of the Aviation Transport Security Act 2004 (the Act) that are relevant to the Lockhart River Aerodrome's declaration as a security controlled airport and the establishment of an airside area are sections 28 and 29. Section 28(2) allows the revocation of a previous declaration concerning the status of an airport as a security controlled airport, as well as the declaration of a new or amended status. Section 29 provides for the establishment of an airside area for the aerodrome. The notice issued by Roger Lonie, as a delegate of the Secretary of the Department of Infrastructure and Regional Development, revokes the previous declaration (Notice s28/2010 015) and re-declares Lockhart River Aerodrome as a security controlled airport, specifying the boundaries of this aerodrome and the airside area on an attached map. Under this Act, the obligations imposed on parties or entities involve strict adherence to the regulations governing security controlled airports and their airside areas. These obligations include implementing necessary security measures to protect the aerodrome and any aircraft within the designated airside area. This includes ensuring that all personnel and materials entering the airside area are properly authorised and that security protocols are diligently followed. The Act also requires that the boundaries of the aerodrome and airside area be clearly defined and communicated, which is facilitated through the attached map and published notice. Failure to comply with the provisions of the Act can result in serious consequences. Offences under the Act can lead to both civil and criminal penalties. Civil penalties may include fines, with the exact amount determined by the severity of the breach. Criminal penalties are also applicable and can include imprisonment. For instance, under section 150 of the Act, a person who contravenes a direction given under the Act can be fined up to 120 penalty units or imprisoned for a period of up to six months, or both, for an individual offence. For a body corporate, the fine can escalate to 600 penalty units. These penalties underscore the importance of strict compliance with the Act's provisions.