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

Overview

The Aviation Transport Security Act 2004 was enacted to establish a national framework for the security of civil aviation and to ensure that adequate security measures are implemented at all airports. This legislation was introduced to address the need for a comprehensive and unified approach to aviation security in Australia, following a series of terrorist attacks and security threats worldwide. The Act was enacted by the Parliament of Australia, aiming to safeguard the aviation industry, protect passengers, and maintain the integrity of the national airspace. The policy objective of the Act is to ensure that appropriate security measures are in place to prevent acts of unlawful interference with civil aircraft and to protect against other threats to aviation security. On 20 December 2013, Michael Rowe, the Regional Director of Transport Security Operations, issued a notice under the Act revoking the previous declaration of Moruya Airport as a security controlled airport and re-establishing it with new boundaries and an airside area. This action reflects the ongoing assessment and adjustment of security measures to effectively address evolving threats and maintain the safety and security of the aviation sector. The notice, which takes effect upon publication in the Gazette, underscores the commitment of the Australian government to ensuring robust aviation security protocols are in place.

Scope and Application

The Aviation Transport Security Act 2004 applies to various persons, entities, and conduct related to aviation transport security within Australia. This Act imposes obligations and restrictions on individuals and organisations involved in the operation of airports, airlines, and airside areas to ensure the security of aviation transport. The Act applies to security controlled airports, which are designated by a notice under the Act, and to the airside areas of these airports where specific security measures must be implemented. The Act’s jurisdictional reach is national, as it is a Commonwealth Act, thereby applying across all states and territories in Australia. There are no specific exclusions mentioned in this particular notice, but generally, the Act may provide exemptions or thresholds for certain types of aircraft or operations under subordinate instruments. This notice specifically revokes a previous declaration that designated Moruya Airport as a security controlled airport and re-establishes its status along with defining its airside area. This change is effective upon publication in the Gazette and remains in force until revoked in writing and subsequently published.

Key Provisions

The Aviation Transport Security Act 2004 contains provisions that allow for the declaration and revocation of security controlled airports and the establishment of airside areas. In this case, the Regional Director of Transport Security Operations, Michael Rowe, has revoked a previous notice (A05688) that declared Moruya Airport as a security controlled airport and established its airside area. This revocation is done under section 28(2) of the Act (paragraphs 1-3). Now, a new declaration is made, also under section 28(2), that Moruya Airport is a security controlled airport, with the boundaries of the airport and the airside area specified on an attached map, which forms part of this notice. Furthermore, section 29 of the Act is invoked to establish the airside area for Moruya Airport. The Act imposes several obligations on parties and entities it governs. The most direct impact here is on Moruya Airport, which must now comply with the security measures and regulations associated with being a security controlled airport. This includes adherence to the specific boundaries of the airport and the airside area as delineated in the notice. Additionally, any persons or entities operating within these areas must comply with the security protocols set out in the Act. This involves ensuring that security measures are in place, personnel are appropriately trained, and all activities within the airport and airside area are conducted in accordance with the Act. Failure to comply with the provisions of the Aviation Transport Security Act 2004 can lead to various consequences. Offences under the Act may result in both civil and criminal penalties. For example, contravening the Act could lead to fines, imprisonment, or both, depending on the severity of the offence. While the specific penalties for breaches are not detailed in this particular notice, the Act generally provides for fines up to a significant amount and/or imprisonment for up to several years. It is important for all parties involved to be fully aware of their obligations under the Act to avoid potential penalties.