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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for robust aviation security measures in Australia, particularly in response to the evolving landscape of global terrorism and other security threats. The Act was introduced by the Australian Parliament with the primary policy objective of enhancing the security of Australia’s aviation transport system, ensuring that both passenger and cargo are protected against acts of unlawful interference. This legislative framework provides the necessary powers and mechanisms to enforce stringent security controls at airports, thereby safeguarding the nation's air transport infrastructure. The revocation of the previous declaration concerning Mackay Airport and the subsequent re-declaration, as evidenced by the Notice of Declaration of Security Controlled Airport and Airside Area for Mackay Airport published in the Gazette, reflects ongoing efforts to maintain and adapt security measures in response to current risks and operational requirements. This continual reassessment ensures that the security protocols remain effective and aligned with national security standards.

Scope and Application

The Aviation Transport Security Act 2004 applies to all persons, entities, and industries involved in the aviation transport sector within Australia, as well as to the conduct and transactions that occur within the airside areas of airports designated as security controlled. The Act's jurisdictional reach is national, extending to all airports within the Commonwealth of Australia. The legislation specifically targets the protection of aviation security by establishing protocols and standards for security at airports. The Act includes provisions for the declaration of security controlled airports and their respective airside areas, ensuring that appropriate security measures are implemented to safeguard against potential threats. Notably, the Act may be applied and extended through subordinate instruments, allowing for the inclusion of additional security measures or the modification of existing ones as circumstances demand. This particular revocation and declaration notice, issued by Pauline Sullivan, the General Manager of Transport Security Operations, pertains to Mackay Airport and involves the revocation of a prior notice that had designated the airport as a security controlled airport, and the re-establishment of its boundaries and airside area. The boundaries and the airside area are detailed in the attached map, which is part of the official notice. The application of the Act is enforced through such notices, which are published in the Commonwealth of Australia Gazette, ensuring transparency and adherence to the statutory requirements. Any changes to the status of the airport's security control or its boundaries must be similarly communicated via the Gazette to maintain the Act's efficacy and compliance.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) contains several key provisions that are relevant to the operation of airports and the regulation of aviation security. Section 28(2) of the Act allows for the declaration of security controlled airports and airside areas, and section 29 pertains to the establishment of these areas. In the present case, Notice A05761 revokes a previous declaration concerning Mackay Airport and establishes new provisions for its security status (sections 28(2) and 29). This notice declares Mackay Airport as a security controlled airport and defines its boundaries, as well as establishing an airside area within the airport, details of which are provided in the attached map. Under the Act, the obligations imposed on parties and entities governed by these provisions include compliance with all security measures and regulations set forth by the Department of Infrastructure and Regional Development. The General Manager, Transport Security Operations, who issues these notices, must ensure that all security requirements are met and enforced at the declared airport. This includes the implementation of appropriate security measures to safeguard the airport and its airside area, and the maintenance of records and documentation relating to these measures. Failure to comply with these obligations can result in various legal consequences. The Act also outlines specific offences and penalties for breaches of its provisions. For instance, unauthorised entry into a security controlled airport or airside area is an offence under section 32 of the Act, with potential penalties including fines and imprisonment. The maximum penalties for these offences can vary depending on the specific circumstances and the severity of the breach. Additionally, any person who fails to comply with the Act or its regulations may be subject to civil or criminal penalties, which can include fines and imprisonment. The exact penalties are specified within the relevant sections of the Act, and can be enforced by authorised officers of the Department of Infrastructure and Regional Development. It is important to note that the Notice remains in force until revoked in writing and upon subsequent publication in the Gazette, as per the note provided in the document. This means that any changes to the security status or boundaries of the airport, or the airside area, must be formally communicated and published to ensure compliance and legal effect. The revocation of the previous notice and the establishment of new provisions for Mackay Airport under this Notice reflect the ongoing need for security measures to be updated and enforced in accordance with the requirements of the Aviation Transport Security Act 2004.