Notice of Declaration of Security Controlled Airport and Airside Area – Mount Isa Airport

Overview

The Aviation Transport Security Act 2004 was enacted to establish and maintain a national system of aviation security to protect people, aircraft and property against acts of unlawful interference, thereby ensuring the safety and security of civil aviation. This Act was introduced to address the need for stringent security measures in the aviation sector to mitigate threats to public safety and national security. Enacted by the Parliament of Australia, the policy objective of this legislation is to safeguard the aviation industry against acts of unlawful interference and to ensure the safety and security of the Australian civil aviation system. On 13 March 2014, Pauline Margaret Sullivan, as the General Manager of Transport Security Operations in the Office of Transport Security, published a notice in the Gazette revoking the previous declaration of Mount Isa Airport as a security controlled airport. This revocation was made under subsection 28(2) of the Act, and a new declaration was issued to specify that Mount Isa Airport is now a security controlled airport, with the boundaries of the airport and the airside area detailed in the attached map. This notice, which forms part of the Act, establishes the airside area for Mount Isa Airport in accordance with section 29 of the Act, and it remains in effect until it is revoked in writing and subsequently published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation of security measures at airports to protect against acts of unlawful interference with civil aviation. This Act applies to designated security controlled airports and their airside areas, which are zones where security measures must be enforced to safeguard against potential threats. The Act applies to any person, entity, or aircraft that operates within the boundaries of a declared security controlled airport or airside area. The geographic reach of the Act extends to Commonwealth areas, including airports and airside areas designated under the Act. However, the Act does not apply to state-controlled airports unless they are declared as security controlled airports under the Act. The Act's application can be extended or restricted through subordinate instruments, such as regulations or ministerial directions, which provide further detail on specific security measures and compliance requirements. The revocation and declaration of security controlled airports, as seen in the notice concerning Mount Isa Airport, are critical administrative actions under this Act that adjust the scope of its application.

Key Provisions

The key operative sections of the Aviation Transport Security Act 2004 (the Act) that are referenced in this Notice include sections 28(2) and 29. Section 28(2) provides the authority to declare an airport as a security controlled airport and to revoke such a declaration, while section 29 establishes the airside area for the airport. In this specific instance, section 28(2) is utilised to revoke the previous declaration of Mount Isa Airport as a security controlled airport, as indicated in Notice A03713, and to declare it a security controlled airport anew. Additionally, section 29 is employed to establish the boundaries of the airside area for Mount Isa Airport, as depicted on the attached map. The obligations and requirements imposed by the Act on parties or entities it governs are primarily concerned with ensuring the security of air transport. By declaring Mount Isa Airport as a security controlled airport, the Act mandates that stringent security measures must be implemented and enforced within the specified boundaries of the airport and its airside area. These measures include, but are not limited to, access controls, surveillance, screening of passengers and goods, and other security protocols aimed at mitigating potential threats to aviation security. The attached map is integral to defining the exact scope of these obligations, ensuring that all relevant parties are aware of the areas subject to these security requirements. In terms of offences, penalties, or civil/criminal consequences for breach, the Act provides for significant deterrents against non-compliance. Breaches of the security provisions within the declared airside area can lead to both civil and criminal penalties. Civil penalties may include substantial fines, as specified within the Act. Criminal penalties, on the other hand, can result in imprisonment, with the maximum penalties varying depending on the severity of the offence. For instance, serious offences can lead to imprisonment for up to ten years, while lesser offences might result in fines or imprisonment for shorter terms. These provisions underscore the importance of adhering to the security protocols established by the Act to protect the integrity of the aviation transport system.