Notice of Declaration of Security Controlled Airport and Airside Area - Moranbah Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures at airports to protect against acts of unlawful interference with civil aviation. The Act provides a legal framework for the implementation of aviation security measures and establishes the obligations and responsibilities of various stakeholders, including airport operators and air carriers. The policy objective of the Act is to enhance the security of Australia's aviation system and to ensure that it aligns with international standards, thereby safeguarding the safety of passengers, crew, and the general public. This notice, issued under the authority of the Act, pertains to the revocation and subsequent declaration of Moranbah Airport as a security controlled airport and the establishment of an airside area. The notice, signed by Roger Lonie, Acting Director of Queensland Transport Security Operations, demonstrates the ongoing commitment to maintaining and updating security measures at designated airports in response to evolving threats and operational requirements. The notice also highlights the procedure for communicating such changes to the public and relevant stakeholders through official gazette publications.

Scope and Application

The Aviation Transport Security Act 2004 applies to the management and regulation of aviation transport security within the Commonwealth of Australia, impacting various stakeholders including airports, airlines, and other aviation industry entities. This Act mandates the security of aircraft, airports, and airside areas to protect against threats to civil aviation. The Act applies to all airports designated as security controlled airports, including Moranbah Airport as declared in this Notice, and encompasses the conduct and transactions occurring within these areas. The geographic reach of the Act is national, extending to all airports within Australia, ensuring a unified approach to aviation security across the Commonwealth. The Act allows for the revocation of security control designations and the establishment of new security controlled areas, as evidenced by the revocation of the previous notice and the new declaration for Moranbah Airport. Exclusions and exemptions are not explicitly detailed in this Notice, but the Act typically allows for certain exclusions or variations based on subordinate instruments, which may further define specific operational requirements or exemptions. This Notice, which revokes the previous security control designation for Moranbah Airport and establishes new boundaries for the airside area, is an example of how the Act’s application can be adjusted to meet evolving security needs.

Key Provisions

The Notice of Declaration of Security Controlled Airport and Airside Area – Moranbah Airport, issued under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), revokes the previous declaration (Notice A03684) that Moranbah Airport was a security controlled airport, which was published in the Gazette No. 86, 28 June 2012. The new notice declares that Moranbah Airport is now a security controlled airport, with the boundaries clearly defined on the attached map which is part of this notice. Furthermore, the notice establishes an airside area for Moranbah Airport, with the specific area delineated on the accompanying map. The Notice becomes effective upon publication in the Gazette on 21 August 2015. The obligations imposed by the Act on parties or entities governed by this declaration include adherence to the stringent security measures required for a security controlled airport. This entails ensuring that all personnel, vehicles, and goods entering the airport undergo appropriate screening and security checks. Moreover, the airport must comply with the regulations concerning restricted areas and access, which are designed to prevent unauthorised entry and mitigate potential security threats. The entities responsible for the operation and management of Moranbah Airport are required to implement and maintain these security protocols effectively. Failure to comply with the provisions of the Act can result in significant consequences. The Act provides for both civil and criminal penalties for breaches. For example, individuals or entities found guilty of contravening the Act may face substantial fines. The maximum penalty for an individual can be up to $210,000 or imprisonment for up to five years, or both, while the maximum penalty for a body corporate can be up to $1,050,000. These penalties underscore the seriousness with which the Act treats security breaches and aim to deter non-compliance. Additionally, breaches can also result in the suspension or revocation of operational licenses, further impacting the ability of the airport to function.