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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures in the aviation industry, ensuring the safety of passengers, aircraft, and airport operations. The Act was introduced by the Parliament of Australia and its policy objective is to provide a framework for the security of civil aviation and the protection of aircraft from acts of unlawful interference. The Act revokes the previous declaration of Mildura Airport as a security controlled airport and re-declares it under the updated provisions, establishing new boundaries and an airside area. This legislative action, overseen by Pauline Margaret Sullivan as the General Manager of Transport Security Operations, is published in the Gazette and will remain in force until it is revoked in writing and republished in the Gazette. This notice, published under the authority of the Aviation Transport Security Act 2004, serves to re-establish Mildura Airport as a security controlled airport and delineate its airside area. By doing so, it ensures that stringent security protocols are applied to this airport, safeguarding it against potential threats. The boundaries of the newly declared airside area are detailed on an attached map, which forms an integral part of this notice. This legislative update aims to maintain the integrity of Australia's aviation security framework and to provide a clear and enforceable perimeter for security measures at Mildura Airport.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation of aviation security within Australia, ensuring the safety of passengers and the integrity of the aviation system. This Act imposes obligations on a range of entities, including airlines, airports, and other aviation-related businesses, to implement stringent security measures. The Act's reach extends nationally, covering all Commonwealth-regulated airports, including their airside areas where security is paramount. The Act's application is not limited by state or territory boundaries and applies uniformly across the entire country. The revocation of the previous security control declaration for Mildura Airport and the establishment of a new airside area demonstrate the Act's dynamic nature, allowing for adjustments in security measures as required. Certain exclusions and exemptions may apply, and the Act can be extended or restricted through subordinate instruments, ensuring that it remains effective and relevant in the face of evolving security threats.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) governs the security of airports and aircraft in Australia. Specifically, section 28(2) allows the General Manager of Transport Security Operations to declare an airport as a security controlled airport, while section 29 pertains to the establishment of airside areas within such airports. In the case of Mildura Airport, section 28(2) was initially used to declare it as a security controlled airport in Notice s28/2008049, published in the Gazette (No. S197, 04 October 2008). However, this declaration has since been revoked by the Notice dated 27 September 2013, which not only revokes the previous declaration but also re-establishes Mildura Airport as a security controlled airport. Additionally, the Notice establishes an airside area for Mildura Airport, with the boundaries of both the airport and the airside area detailed on an attached map. Under the Act, the General Manager of Transport Security Operations has the authority to impose various obligations on the parties and entities governed by the legislation. These obligations include ensuring that appropriate security measures are implemented and maintained at the security controlled airport and within the designated airside area. Such measures may encompass a range of activities, such as screening passengers and baggage, controlling access to restricted areas, and monitoring the airport's perimeter. Furthermore, the General Manager may issue specific directions to the airport operator or other relevant parties to ensure compliance with the Act and its associated regulations. Failure to comply with the provisions of the Aviation Transport Security Act 2004, including the obligations imposed by the Notice, may result in various consequences. Firstly, individuals or entities found to be in breach of the Act may face civil penalties, including fines of up to $22,200 for individuals and $111,000 for bodies corporate, as stipulated in section 227. Additionally, the Act may impose criminal penalties for more serious offences, with maximum penalties varying depending on the nature of the offence. For example, section 208 imposes a maximum penalty of imprisonment for two years or a fine of up to $11,100, or both, for offences related to the provision of false or misleading information in relation to aviation security. Furthermore, section 209A establishes a maximum penalty of imprisonment for five years or a fine of up to $275,000, or both, for offences involving the unlawful use of an aircraft or the attempted use of an aircraft in a manner that endangers safety. These penalties serve to deter non-compliance and ensure the ongoing security of Australia's aviation industry.