Notice of Declaration of Security Controlled Airport and Airside Area – Olympic Dam Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a comprehensive framework for aviation security in order to protect the safety of the travelling public and critical infrastructure from terrorist attacks and other security threats. This Act fills a crucial gap in providing a legislative basis for stringent security measures at airports, which are identified as high-risk locations for potential security breaches. The policy objective of the Act is to ensure that aviation security measures are uniformly implemented across all airports, thereby maintaining a consistent standard of security throughout the country. The enactment of this legislation represents a significant step in Australia's commitment to safeguarding its airspace and ensuring the safety of passengers and staff within its airports. On 24 October 2016, a notice was published in the Gazette declaring Olympic Dam Airport as a security controlled airport, thereby bringing it under the purview of the Act. This declaration was made under subsection 28(2) of the Act by Jacqui Ireland, acting Director of Transport Security Operations, on behalf of the Secretary of the Department of Infrastructure and Regional Development. The declaration also established an airside area for Olympic Dam Airport, ensuring that this area would be subject to the stringent security measures outlined in the Act. This action underscores the ongoing commitment of the Australian government to monitor and adjust security measures at airports in response to evolving security threats.

Scope and Application

The Aviation Transport Security Act 2004 applies to a wide range of entities and persons, including airlines, airports, and airport operators, and encompasses any activities related to aviation transport security. The Act's jurisdictional reach extends throughout the Commonwealth of Australia, ensuring a consistent and comprehensive framework for securing the nation's aviation infrastructure. The Act delineates specific security measures for airports and airside areas, which are crucial for the protection of passengers and aircraft. In this context, Olympic Dam Airport has been declared a security controlled airport, and its airside area has been established under the authority granted by the Act. This declaration and establishment are integral to enforcing the security protocols that safeguard against potential threats to aviation security. Notably, the Act allows for the revocation and amendment of such declarations through subordinate instruments, enabling the relevant authorities to adapt and respond to emerging security needs. The scope of the Act is meticulously designed to cover all necessary aspects of aviation security, with specific boundaries and areas defined through detailed notices, as evidenced by the revocation and re-declaration of Olympic Dam Airport's status.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions that allow for the declaration of security controlled airports and the establishment of airside areas, which are areas where strict security measures must be enforced to protect against threats to aviation security. Section 28(2) of the Act provides the authority for such declarations, and section 29 outlines the establishment of airside areas. Under these provisions, Jacqueline Ireland, the acting Director, Transport Security Operations, has revoked the previous notice (NTC-10539) that designated Olympic Dam Airport as a security controlled airport (subsection 28(2)). A new notice (NTC-12076) has been issued, declaring Olympic Dam Airport as a security controlled airport once again and establishing its airside area, as shown on the attached map. The boundaries of the airport and the airside area, as well as the new notice, become effective upon publication in the Gazette. The Act imposes specific obligations on parties involved with security controlled airports and their airside areas. These obligations include the implementation and maintenance of stringent security measures to protect against potential threats. This may involve the deployment of security personnel, installation of surveillance equipment, and the enforcement of access control protocols. The notice specifies that Olympic Dam Airport is now a security controlled airport, thereby subjecting it to these stringent security requirements. Furthermore, the airside area at this airport must adhere to additional security regulations, which are designed to safeguard the airport's critical infrastructure and operations. Failure to comply with the security requirements outlined in the Act can result in severe consequences. The Act provides for both civil and criminal penalties for breaches of its provisions. Civil penalties may include fines up to a specified maximum amount, while criminal penalties can include imprisonment. The exact penalties are not detailed in the notice but are stipulated elsewhere in the Act. For instance, non-compliance with security measures at a security controlled airport could result in substantial fines, and in cases of serious breaches, criminal charges could be pursued, potentially leading to imprisonment. The notice also indicates that it remains in effect until it is revoked in writing and published in the Gazette. This means that the declaration of Olympic Dam Airport as a security controlled airport and the establishment of its airside area are subject to change based on future legislative actions. The ongoing enforcement of security measures is critical to maintaining the safety and security of the airport, and any changes to the notice will be communicated through subsequent Gazette publications. The continuous monitoring and enforcement of these security provisions ensure that the airport operates within the legal framework designed to protect against aviation security threats.