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 within Australia's aviation sector, ensuring the safety and security of passengers and aircraft from potential threats. This legislation was introduced by the Parliament of Australia with the primary policy objective of establishing and maintaining a robust aviation security framework to protect civil aviation from acts of unlawful interference. The Act provides the legal basis for the declaration and regulation of security controlled airports and airside areas, which are critical for maintaining the integrity of Australia's air transport system. On 10 June 2015, a Notice of Declaration of Security Controlled Airport and Airside Area for Mildura Airport was published in the Commonwealth of Australia Gazette. This notice, issued by the Acting Director of Transport Security Operations on behalf of the Secretary of the Department of Infrastructure and Regional Development, revokes a previous declaration and re-establishes Mildura Airport as a security controlled airport. This action reaffirms the commitment to maintaining stringent security measures at the airport and delineates the specific airside area subject to these controls, as indicated on the attached map. The notice remains in effect until revoked and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons, entities, and various aspects of the aviation industry, particularly focusing on the security of air transport within Australia. This Act governs the security arrangements for airports and aircraft to ensure the safety and security of air travel, extending its reach across the Commonwealth. The Act applies to all security controlled airports and their designated airside areas, which are areas of an airport that are controlled for the purpose of preventing unauthorised access to aircraft and other areas of the airport where security measures are required. Mildura Airport, as declared in the Notice, is specifically included within this purview. The Act’s provisions are applicable nationally, ensuring a consistent approach to aviation security across different states and territories. While the Act covers a broad range of activities and entities involved in air transport, it does not specify any exclusions or exemptions in the Notice itself, although it can be subject to further delineation through subordinate instruments or regulations. The revocation and declaration of security controlled airports and airside areas, as seen in the Notice, demonstrates the Act’s flexibility in managing security measures through administrative actions.

Key Provisions

The key provisions of the notice under the Aviation Transport Security Act 2004 include the revocation of a previous declaration (subsection 28(2)), the declaration of Mildura Airport as a security controlled airport, and the establishment of an airside area for Mildura Airport (section 29). Notice A05461, which previously declared Mildura Airport as a security controlled airport, has been revoked (subsection 28(2)). The current notice specifies that Mildura Airport is now a security controlled airport, with its boundaries clearly defined on an attached map (subsection 28(2)). Additionally, an airside area for Mildura Airport is established, with its boundaries also indicated on the attached map (section 29). The Act imposes specific obligations on parties and entities governed by it. For Mildura Airport, being designated as a security controlled airport means that stringent security measures must be implemented and maintained to protect against threats to aviation security. This includes ensuring that security protocols are adhered to within the airside area, which is the defined area of the airport where aircraft are handled and passengers and crew are screened. These obligations extend to all personnel and entities operating within the airport premises, ensuring that security measures are consistently applied. Failure to comply with the provisions of the Act can result in various offences and penalties. Under the Act, individuals or entities that do not adhere to the security requirements for a security controlled airport or the airside area can face legal consequences. While the specific penalties are not detailed in the notice, the Act generally provides for both civil and criminal penalties. Civil penalties can include fines, and in more severe cases, criminal penalties may apply, potentially resulting in imprisonment. The exact penalties depend on the nature and severity of the breach. The notice remains in force until it is revoked in writing and published in the Gazette. This means that the security measures and obligations outlined in the notice will continue to apply until the notice is formally rescinded through a subsequent publication in the Gazette. This ensures that any changes to the security status of Mildura Airport are officially communicated and that the public and relevant parties are aware of the current security requirements.