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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports in Australia, ensuring the protection of air transport against acts of unlawful interference. This Act was passed by the Commonwealth Parliament, aiming to provide a comprehensive framework for the security of civil aviation, thereby safeguarding the public, aircraft, and infrastructure within the aviation sector. The policy objective of the Act is to establish stringent security protocols that comply with international standards and ensure the safety and security of air transport. The 2013 Notice of Declaration of Security Controlled Airport and Airside Area for Newcastle Airport serves to revoke a previous declaration from 2010 and re-establish Newcastle Airport as a security controlled airport under the Act. This re-declaration ensures that the airport adheres to the stringent security measures mandated by the Act, with the specific boundaries and airside area for Newcastle Airport detailed in the attached map. This Notice, issued by Pauline Sullivan, the Delegate of the Secretary of the Department of Infrastructure and Regional Development, commences upon its publication in the Gazette, remaining in force until otherwise revoked.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in activities related to aviation transport security within Australia, including airlines, airports, and other aviation-related businesses and individuals. The Act establishes a framework for the security of civil aviation in Australia, ensuring that measures are in place to protect against acts of unlawful interference with civil aircraft and to safeguard the security of airside areas. The Act has a national reach, applying across all states and territories of Australia. The Act's provisions can be extended or restricted through subordinate instruments such as regulations, which can specify additional security measures or define terms more precisely. Notably, this particular declaration pertains specifically to the reclassification of Newcastle Airport as a security controlled airport and the establishment of its airside area, thereby subjecting it to the security measures outlined in the Act. This revocation and re-declaration ensures that the airport continues to meet the necessary security standards as required by federal legislation.

Key Provisions

The notice, issued under the Aviation Transport Security Act 2004 (the Act), revokes the previous declaration that designated Newcastle Airport as a security controlled airport, which was published in the Gazette (No. GN 25, 30 June 2010) as Notice S28/2010 032 (subsection 28(2)). It subsequently declares that Newcastle Airport is now a security controlled airport, with the boundaries of the airport specified in an attached map that forms part of this notice (subsection 28(2)). Additionally, the notice establishes an airside area for Newcastle Airport, as indicated on the same attached map (section 29). This declaration and establishment come into effect upon the publication of this notice in the Gazette, dated 25 October 2013. The obligations imposed by the Act on the entities it governs, particularly concerning the designation of Newcastle Airport as a security controlled airport, include compliance with all security measures and regulations set forth by the Act. This includes ensuring that all security protocols, risk assessments, and operational procedures are strictly followed within the defined boundaries of the airport and its airside area. The Act mandates that these areas must adhere to stringent security standards to protect against potential threats to aviation safety and security. The notice explicitly references the map attached to the notice to define these areas, ensuring there is no ambiguity regarding jurisdictional limits or operational responsibilities. Failure to comply with the provisions of the Act or the regulations governing security controlled airports can result in various consequences. Under the Act, breaches may be subject to both civil and criminal penalties. The Act does not explicitly state the maximum penalties for breaches; however, it is implied that serious non-compliance could result in significant fines, imprisonment, or both. The exact penalties would be determined by the courts based on the nature and severity of the breach, as well as any precedents set by previous cases under the Act. Additionally, non-compliance could lead to the revocation of the airport's security controlled status, which would necessitate a re-evaluation of its security measures and possibly the suspension of operations until compliance is restored.