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

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the safety and security of Australia's aviation transport system, particularly in the context of airside areas of airports, which are critical zones where security measures are paramount to protect against potential threats. This Act was introduced to address the gap in aviation security controls, providing a legislative framework that allows for the declaration of security controlled airports and their airside areas. The policy objective of the Act is to safeguard the aviation transport infrastructure by implementing stringent security measures and protocols. The enactment of this Act was overseen by the Australian Parliament, reflecting a national commitment to enhancing aviation security in response to evolving threats. In 2017, a notice was published in the Gazette, revoking the previous declaration of Newman Airport as a security controlled airport and re-declaring it under the provisions of the Act. This action was undertaken by Stephen Weber, the Director of Transport Security Operations within the Office of Transport Security, delegate of the Secretary of the Department of Infrastructure and Regional Development. This re-declaration solidifies the airport's status under the Act, ensuring it is subject to the rigorous security standards necessary to protect against potential threats to aviation security. The notice, which includes a map delineating the boundaries of the airport and its airside area, came into effect upon publication, reinforcing the commitment to maintaining high security standards in Australia's aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities, including persons and entities involved in the operation of airports and air transport activities. It is a Commonwealth Act, thereby extending its jurisdiction across Australia, governing the security of civil aviation. The Act encompasses the establishment and regulation of security controlled airports and airside areas, as demonstrated by the revocation and re-declaration of Newman Airport in the provided notice. This Act ensures that specific areas within airports are secured to protect against threats to aviation security. The application of the Act is not limited to a particular geographic area within Australia but rather applies nationally, ensuring consistent security measures across all Commonwealth-regulated airports. Exclusions, exemptions, or thresholds are generally determined through subordinate instruments, which can further define the specifics of implementation and compliance requirements. In this particular notice, Stephen Weber, as the Director of Transport Security Operations, has revoked the previous declaration regarding Newman Airport and re-established it as a security controlled airport. This action is taken under the authority conferred by the Act, specifically subsection 28(2), and establishes the airside area boundaries through an attached map. The notice is effective from the date of publication in the Gazette, highlighting the Act’s procedural requirements for changes in security control status. The notice also indicates that the declaration remains in force until explicitly revoked in writing and published in the Gazette, ensuring transparency and adherence to legal formalities in managing aviation security.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) governs the security of aviation transport in Australia, and this Notice under subsection 28(2) revokes the previous declaration of Newman Airport as a security controlled airport (NTC-4791, published in the Gazette C2014G02114) and establishes a new declaration. Newman Airport is now officially recognised as a security controlled airport, with its boundaries clearly defined on an attached map, which becomes part of this notice (section 28(2)). Additionally, the Notice establishes an airside area for Newman Airport, as outlined on the same map (section 29). This Notice takes effect immediately upon its publication in the Gazette on 29 August 2017. The Act imposes several obligations and requirements on parties and entities governed by it. Firstly, the declaration of Newman Airport as a security controlled airport means that stringent security measures must be implemented to protect the airport and its airside area from potential threats. This includes ensuring that all personnel, vehicles, and goods entering the airside area undergo thorough security screening. Secondly, the airside area's boundaries, as specified in the Notice, must be strictly adhered to and monitored to prevent unauthorised access. Furthermore, any entity operating within the airside area must comply with the security protocols set forth by the Act. Breaches of the provisions under the Aviation Transport Security Act 2004 can lead to serious consequences. Any individual or entity that fails to comply with the security requirements for a security controlled airport can face criminal charges. For instance, knowingly or recklessly contravening a security requirement can result in a penalty of up to 2,000 penalty units or imprisonment for up to five years, or both (section 328). Civil penalties may also be imposed, and in severe cases, the operator of the airport could face fines up to 20,000 penalty units for each breach (section 329). These penalties underscore the importance of adhering to the Act's stringent security measures to ensure the safety and security of aviation transport in Australia.