Notice of Declaration of Security Controlled Airport and Airside Area – Mudgee Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address security concerns related to aviation transport. This legislation was introduced to ensure that measures are in place to protect aircraft, passengers, and airport infrastructure from potential threats. The policy objective of the Act is to provide a comprehensive framework for the security of air transport, including the designation of security controlled airports and airside areas. The enactment of this Act aimed to fill the gap in existing aviation security measures by providing a robust legal basis for implementing stringent security protocols and controls at designated airports. In the context of this Act, the Director NSW, Transport Security Operations, Office of Transport Security has the authority to declare specific airports as security controlled, as well as to establish the boundaries of airside areas within these airports. This power was exercised in a notice published in the Gazette on 27 February 2015, where Mudgee Airport was revoked as a security controlled airport and subsequently declared as such with specific boundaries outlined in the attached map. This notice, which establishes Mudgee Airport as a security controlled airport and defines its airside area, remains in effect until it is formally revoked and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to designated security controlled airports and their airside areas, including Mudgee Airport as declared under this Act. The Act governs the security measures that must be implemented at these airports to safeguard against threats to civil aviation. It applies to all persons, entities, and industries involved in activities at these airports, ensuring that appropriate security protocols are adhered to. The jurisdictional reach of this Act is national, as it is a Commonwealth Act, thereby extending its application across all states and territories of Australia. Notably, this Act can extend or restrict its application through subordinate instruments, which may include regulations or notices, such as the one described here that specifically addresses Mudgee Airport. The revocation and redeclaration of Mudgee Airport as a security controlled airport, along with the establishment of its airside area, exemplifies how the Act's scope is dynamically managed through such instruments, ensuring that security measures remain current and effective.

Key Provisions

The primary operative sections of the notice involve revoking and re-declaring Mudgee Airport as a security controlled airport, as well as establishing an airside area within the airport. Specifically, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), the Director of Transport Security revokes the previous declaration of Mudgee Airport as a security controlled airport, which was listed in the Gazette No. GN 8, 2 March 2005. Simultaneously, the Director declares that Mudgee Airport remains a security controlled airport, with the boundaries of the airport delineated on an attached map. Additionally, section 29 of the Act is invoked to establish an airside area for Mudgee Airport, as indicated on the same attached map. The Act imposes specific obligations on the parties or entities it governs. Under section 28(2), the Director of Transport Security has the authority to declare or revoke the status of an airport as a security controlled airport. This authority includes the responsibility to clearly define the boundaries of the airport and the airside area. The declaration and re-declaration processes ensure that the security requirements applicable to the airport are appropriately managed and enforced. Furthermore, section 29 of the Act mandates the establishment of an airside area, which is critical for maintaining the security standards required by the Act. Breach of the obligations and requirements set out in the Act can result in various consequences. While the notice itself does not specify penalties, the Act generally outlines penalties for non-compliance with aviation security measures. Under section 253 of the Act, an individual or entity can be subject to civil penalties for breaches of certain provisions, with penalties potentially reaching up to $10,000 for individuals and significantly higher amounts for corporations. Additionally, serious breaches may lead to criminal charges, with potential penalties including imprisonment for up to five years. These measures ensure that the security protocols at Mudgee Airport are strictly adhered to, maintaining the safety and integrity of the aviation transport system.