Notice of Declaration of Security Controlled Airport and Airside Area – Moorabbin Airport Corporation

Overview

The Aviation Transport Security Act 2004, enacted by the Parliament of Australia, was introduced to address the need for stringent security measures in the aviation sector to protect against potential threats and ensure the safety of passengers and aircraft. This Act provides the legal framework for the regulation of security at airports and on aircraft, aiming to mitigate risks associated with aviation transport. The policy objective of the Act is to establish and enforce stringent security measures to prevent terrorist attacks and other security incidents within the aviation industry. The Act empowers the Minister for Transport and Infrastructure to issue various notices and declarations, including the designation of security controlled airports and the establishment of airside areas, which are critical for the enforcement of aviation security regulations. The 2015 Gazette notice concerning the Moorabbin Airport Corporation exemplifies the practical application of the Act. By revoking the previous declaration and re-establishing Moorabbin Airport as a security controlled airport, the Department of Infrastructure and Regional Development ensures that the airport complies with the stringent security requirements set forth in the Act. This re-declaration underscores the ongoing commitment to maintaining high security standards in Australia's aviation infrastructure, aligning with the Act's overarching policy objective of safeguarding the nation's air transport system.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation of aviation transport security, specifically targeting the security of airports and aircraft within Australia. This Act extends its jurisdiction over security-controlled airports, which are designated by the Secretary under subsection 28(2) of the Act, and over airside areas where security measures are enforced to protect against unlawful interference with civil aviation. In this instance, the Act is invoked to declare Moorabbin Airport as a security controlled airport and to establish an airside area for this airport. The geographic reach of the Act is national, impacting all security-controlled airports across Australia. The Act allows for the application to be extended or restricted through subordinate instruments, such as notices or regulations, which can modify the boundaries of security-controlled airports or airside areas. Exemptions or exclusions are not specified in this notice, but the Act generally allows for certain exemptions to be prescribed by the Secretary, particularly in relation to specific types of aircraft or circumstances. This legislative framework ensures that security measures are applied consistently and effectively across all designated airports, safeguarding Australia’s civil aviation infrastructure.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) governs the security of aviation transport in Australia, and includes provisions for declaring airports as security controlled. Section 28(2) of the Act allows for the revocation or declaration of an airport as a security controlled airport, which is demonstrated in the Notice issued by Catherine Murphy, Director, Transport Security Operations, Office of Transport Security. This Notice revokes the previous declaration of Moorabbin Airport (RPT) as a security controlled airport, which was published in the Gazette on 10 September 2008 (GN S183), and re-declares Moorabbin Airport (RPT) as a security controlled airport, with the boundaries specified on the attached map. Section 29 of the Act is referenced in the establishment of an airside area for Moorabbin Airport (RPT), also indicated on the attached map. The Act imposes several obligations on parties and entities governed by it. Firstly, it requires adherence to the security measures outlined in the Act for airports declared as security controlled. Moorabbin Airport (RPT) now falls under these obligations, necessitating compliance with stringent security protocols to safeguard against threats to aviation transport. Furthermore, the Act mandates that any changes to the status of an airport as a security controlled airport, including revocations or new declarations, must be formally communicated and published in the Gazette. This ensures transparency and legal certainty for all stakeholders involved in aviation security. Breaches of the provisions in the Aviation Transport Security Act 2004 can result in severe consequences. Offences under the Act can lead to both criminal and civil penalties. Criminal offences may incur significant fines, with the maximum penalty depending on the severity of the offence. For example, the Act provides for substantial fines for non-compliance with security measures, which can reach up to thousands of Australian dollars. Additionally, individuals or entities found guilty of serious breaches may face imprisonment. Civil penalties may also apply, where the courts can impose fines for violations of the Act, further reinforcing the importance of adherence to its provisions. These penalties serve as deterrents against non-compliance and ensure the Act's objectives are met effectively.