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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a framework for the security of civil aviation in Australia, addressing the need to protect the aviation system from acts of unlawful interference. The Act provides a legislative basis for the implementation of security measures at airports and on aircraft to safeguard passengers, crew, and the general public. This legislative initiative was crucial in response to the evolving threats to aviation security both domestically and internationally, ensuring Australia’s compliance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the Act is to maintain a robust security regime that prevents acts of unlawful interference with civil aviation, thereby ensuring the safety and security of air travel within Australian jurisdiction. The notice issued under this Act, such as the one for Newman Airport, demonstrates the practical application of the Act’s provisions by declaring certain airports as security controlled and establishing their airside areas. This specific notice, issued by Pauline Sullivan, the General Manager of Transport Security Operations within the Department of Infrastructure and Regional Development, revokes a previous declaration and establishes new security parameters for Newman Airport, reflecting the dynamic nature of aviation security needs. Such declarations are pivotal in ensuring that the appropriate security measures are in place to protect against potential threats, aligning with the overarching policy objective of the Act to safeguard civil aviation.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to aviation transport security matters within Australia, specifically targeting the protection of civil aviation and aircraft from security threats. This Act applies to any person or entity involved in activities related to civil aviation, including airlines, airports, and ground service providers, as well as any individual or entity conducting operations at a security controlled airport or within the airside area of such an airport. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act's application extends to any airport declared as a security controlled airport under the Act, as well as to the airside areas of these airports. Exemptions or exclusions are determined through subordinate instruments, which may specify conditions or circumstances under which certain provisions of the Act do not apply. In the specific case of Newman Airport, the Act's provisions are enforced through notices published in the Commonwealth of Australia Gazette, as evidenced by the revocation and subsequent declaration of Newman Airport as a security controlled airport. This Notice remains in effect until it is formally revoked and published in the Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) provides a framework for securing Australian airports and the aviation transport system. Section 28(2) of the Act allows for the revocation or declaration of security controlled airports and their airside areas. In this instance, Notice AO5139, which previously declared Newman Airport as a security controlled airport, is revoked and a new declaration is issued under section 28(2). This notice establishes Newman Airport as a security controlled airport, as evidenced by the attached map, which delineates the boundaries of the airport. Furthermore, section 29 of the Act is invoked to establish the airside area for Newman Airport, which is also indicated on the attached map. The obligations imposed by this Act on the parties or entities it governs include ensuring that security measures are in place and enforced at the declared security controlled airport. This involves adherence to the security protocols and regulations set out in the Act. The General Manager, Transport Security Operations, Office of Transport Security, in this case Pauline Margaret Sullivan, is responsible for implementing and overseeing these security measures. The attached map serves as a legal document that provides clarity on the geographical extent of the security controlled airport and its airside area, which are subject to strict security controls. The Act also outlines various offences and penalties for breaches of its provisions. The severity of the consequences depends on the nature and extent of the breach. For instance, unauthorised access to a security controlled airport or airside area can result in civil or criminal penalties. The maximum penalty for a civil breach can include fines up to a specified amount, while criminal offences may lead to imprisonment or substantial fines. These penalties serve as a deterrent against non-compliance and ensure that the security measures in place are strictly adhered to, safeguarding the aviation transport system. The notice of revocation and declaration, as well as the establishment of the airside area, is a formal legal action that takes effect upon its publication in the Gazette. This ensures that all relevant parties are informed of the changes and can adjust their operations accordingly. The notice remains in force until it is revoked in writing and subsequently published in the Gazette, ensuring that there is a clear and transparent process for managing the security status of airports under the Act.