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

Overview

The Aviation Transport Security Act 2004 was enacted to provide for the security of civil aviation and aircraft in Australia, addressing the need for stringent measures to protect against acts of unlawful interference with civil aviation. This legislation was introduced by the Parliament of Australia to ensure the safety and security of aviation operations and passengers within the country. The policy objective of the Act is to establish a comprehensive framework for aviation security, including the designation of security-controlled airports and airside areas where heightened security measures are mandated. The Act empowers the Secretary of the Department of Infrastructure and Regional Development to declare airports as security-controlled and to establish specific airside areas, thereby enforcing rigorous security protocols to mitigate potential threats. In this context, Pauline Margaret Sullivan, acting as the General Manager, Transport Security Operations for the Office of Transport Security, has declared Onslow Airport as a security-controlled airport under the provisions of the Act. This declaration, published in the Gazette on 24 October 2014, delineates the boundaries of the airport and specifies the airside area, ensuring that stringent security measures are implemented to safeguard aviation activities at Onslow Airport. This formal declaration remains in effect until it is formally revoked and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to a range of entities and individuals involved in aviation transport security, including airports, airlines, and other stakeholders involved in the aviation industry. This legislation is of Commonwealth jurisdiction and applies across Australia, ensuring uniform security standards are met throughout the country. The Act applies to security controlled airports, such as Onslow Airport in this instance, and the associated airside areas, which are defined as parts of the airport where security measures are enforced to protect against acts of unlawful interference. The Act's reach extends to all entities operating within the declared security controlled airports and airside areas, ensuring that they comply with the specified security measures and standards. There are no stated exclusions or exemptions in the Act, but certain provisions may apply subject to thresholds or be extended through subordinate instruments, which allows for flexibility in the application of the Act based on specific circumstances or evolving security needs. This Notice, which declares Onslow Airport as a security controlled airport and establishes its airside area, is an example of how the Act is implemented to ensure consistent enforcement of aviation security regulations.

Key Provisions

The Aviation Transport Security Act 2004, under sections 28 and 29, provides the legal framework for designating certain airports as security controlled airports and establishing airside areas within those airports. Section 28(2) allows for the declaration of a security controlled airport and section 29 allows for the establishment of an airside area, both of which are subject to the provisions of the Act. In this case, Pauline Margaret Sullivan, as General Manager, Transport Security Operations, has declared Onslow Airport as a security controlled airport and established an airside area for this airport, as indicated on the attached map. This declaration and establishment are effective from the date of publication in the Gazette, 24th October 2014. The declaration and establishment of Onslow Airport as a security controlled airport and its airside area impose certain obligations on the entities and individuals operating within the airport premises. These obligations include compliance with the security measures and regulations set forth in the Act. Such measures may include access control, surveillance, screening of persons and goods, and other security protocols designed to protect the airport and its airside area from unauthorised access and potential threats. The entities and individuals operating within the security controlled airport and airside area are required to adhere to these security measures and cooperate with the Transport Security Operations and other relevant authorities in ensuring the safety and security of the airport. Failure to comply with the obligations and requirements set out in the Aviation Transport Security Act 2004 can result in civil and criminal consequences for the parties involved. The Act provides for various offences, such as unauthorised access to the security controlled airport or airside area, failure to comply with screening requirements, and other security-related violations. The maximum penalties for these offences can range from fines to imprisonment, depending on the severity of the offence and any aggravating factors. In addition, any individual or entity found in breach of the Act may also be subject to administrative penalties, such as the imposition of fines or the revocation of permits or licenses required to operate within the security controlled airport and airside area. It is important for all parties involved to be aware of and comply with the provisions of the Act to avoid any potential legal consequences.