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

Overview

The Aviation Transport Security Act 2004, enacted by the Commonwealth Parliament, was introduced to ensure the security of Australia's aviation transport system, addressing the need for a unified and effective approach to preventing acts of unlawful interference with aircraft and protecting persons and property in the airside areas of airports. The policy objective of the Act is to enhance the security of civil aviation by establishing a comprehensive regulatory framework that includes the declaration of security controlled airports and the establishment of airside areas where heightened security measures are enforced. This legislative instrument, issued by the Director NSW, Transport Security Operations, Office of Transport Security, revokes the previous declaration of Moree Airport as a security controlled airport and re-establishes it under the Act, ensuring that the necessary security protocols continue to be applied to safeguard the airport and its airside areas. This notice, which comes into effect upon its publication in the Gazette, signifies the re-declaration of Moree Airport as a security controlled airport and the establishment of its airside area, as defined by the attached map. This action underscores the commitment to maintaining stringent security measures at designated airports to protect against potential threats and ensure the safety of passengers and aviation operations. The re-declaration remains in force until revoked by a subsequent written notice published in the Gazette, maintaining the regulatory oversight required under the Act.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons and entities involved in the operation and management of airports and aircraft within Australia, particularly focusing on security measures to prevent unlawful interference with civil aviation. This Act has a national reach, as it is a Commonwealth legislation, thereby applying across all states and territories in Australia. The Act applies to all airports designated as security controlled airports, which include those where the risk of unlawful interference is deemed significant enough to warrant stringent security measures. The Act also extends to the airside areas of these airports, which are defined as the parts of the airport where aircraft are serviced and passengers are processed. In this context, the Act's application to Moree Airport, as outlined in the Notice, involves revoking and re-establishing it as a security controlled airport and defining its airside area, ensuring that appropriate security protocols are in place to safeguard against potential threats. The application of the Act can be further refined or extended through subordinate instruments, allowing for detailed regulations that address specific security requirements or operational contexts.

Key Provisions

The primary operative sections of the notice, published under the Aviation Transport Security Act 2004 (section 28(2)), include the revocation of the declaration that Moree Airport is a security controlled airport, which was previously listed in Gazette No. GN 8 dated 2 March 2005. This revocation is effective upon the publication of this notice in the Gazette. Simultaneously, the notice declares that Moree Airport is, in fact, a security controlled airport. This declaration comes into effect upon publication and delineates the boundaries of the airport as depicted on the attached map, which becomes part of the notice. Additionally, the notice establishes an airside area for Moree Airport, specifying the area on the attached map as the airside area in accordance with section 29 of the Act. These provisions ensure that the legal status and defined areas of the airport are clearly stated and understood. The obligations and requirements imposed by this Act on the parties or entities it governs include maintaining clear and updated declarations regarding the status of security-controlled airports and their boundaries. This ensures that all relevant authorities and stakeholders have accurate and current information. The Act also mandates the establishment of clearly defined airside areas for these airports, which are areas where security measures are particularly stringent due to their proximity to aircraft and sensitive operations. Compliance with these provisions is critical for the coordination and enforcement of aviation security measures, ensuring that all designated areas are properly secured and monitored. The Act stipulates that any breaches of its provisions may lead to civil or criminal consequences, depending on the nature and severity of the breach. While the notice does not specify maximum penalties, it is understood that breaches of aviation security laws can result in significant penalties under Australian law. These penalties can include substantial fines and, in severe cases, imprisonment. The enforcement of these penalties is intended to maintain the highest standards of aviation security and to deter any actions that could compromise the safety and security of aviation operations. The Act thus serves as a critical tool in ensuring that all parties adhere to the stringent security requirements necessary for the protection of the aviation sector.