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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for enhanced security measures at airports to protect against acts of unlawful interference with civil aircraft and aviation facilities. This Act was introduced in response to the increasing global threat of terrorism and the need for robust security protocols to safeguard the aviation industry. The policy objective of the Act is to ensure the security of the Australian aviation system, thereby protecting the public and maintaining the integrity of the nation's airspace. The Act empowers the relevant authorities to implement and enforce security measures at designated airports, including the establishment and management of security controlled airports and airside areas. This legislative framework aims to prevent unauthorised access and potential threats to aircraft and airport infrastructure, ensuring the safety and security of passengers, crew, and the broader aviation community. On 8 September 2015, Jennifer McBain, the Acting Director of NSW Transport Security Operations, issued a notice under the Aviation Transport Security Act 2004 revoking the previous declaration of Narrandera Airport as a security controlled airport, as published in the Gazette on 2 March 2005. The notice also re-declared Narrandera Airport as a security controlled airport and established an airside area for the airport, with boundaries detailed in the attached map. This re-declaration and establishment of the airside area are intended to reaffirm the airport's status under the Act, ensuring that appropriate security measures are in place to protect against unlawful interference. The notice remains in effect until it is revoked in writing and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to various persons, entities, and activities within the aviation industry, with a primary focus on ensuring the security of air transport operations. This includes the designation and regulation of security controlled airports and their airside areas, as evidenced by the revocation and re-declaration of Narrandera Airport under this Act. The jurisdictional reach of the Act is national, extending across the Commonwealth of Australia, and its application is enforced through subordinate instruments, including notices such as the one issued by Jennifer McBain, the Acting Director NSW, Transport Security Operations, Office of Transport Security. The Act mandates that specific airports, including their perimeters and airside areas, be classified as security controlled, necessitating compliance with stringent security protocols. There are no stated exclusions or exemptions in the Act concerning the scope of its application, though it may be tailored through notices and subordinate legislation to address particular circumstances or evolving security threats.

Key Provisions

The Aviation Transport Security Act 2004 includes specific provisions concerning the declaration and management of security controlled airports and airside areas. Section 28(2) of the Act allows the Director of Transport Security to revoke or declare an airport as a security controlled airport, and section 29 of the Act permits the establishment of airside areas. In this case, the Director has exercised these powers with respect to Narrandera Airport. Specifically, the Director revoked the previous declaration of Narrandera Airport as a security controlled airport (subsection 28(2)), declared it again as such (subsection 28(2)), and established an airside area for the airport (section 29). This legislation imposes several obligations on various parties. For instance, the Director of Transport Security is responsible for declaring and revoking the status of security controlled airports and establishing airside areas. The airport operator and other entities must comply with the regulations and security measures set forth by the Act, which include implementing security protocols and ensuring adherence to any additional requirements imposed by the Director. These obligations extend to ensuring that the boundaries of the security controlled airport and airside area are clearly defined and communicated, as evidenced by the attached map in this notice. The Act also includes provisions for offences and penalties. Section 45 of the Act stipulates that any person who contravenes the Act, or any regulation or order made under it, commits an offence and is liable to penalties. The penalties for breaches can be severe, with maximum penalties including fines of up to $22,200 for individuals and $111,000 for bodies corporate, depending on the nature and severity of the offence. In addition to criminal penalties, breaches of the Act may also result in civil consequences, such as compensation claims or other legal actions taken by affected parties. These provisions ensure that the security and integrity of Australian aviation transport are maintained effectively.