Notice of Declaration of Security Controlled Airport and Airside Area – Orange Regional Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a robust framework for ensuring the security of civil aviation, particularly focusing on preventing acts of unlawful interference with aircraft and other security threats at airports. This legislation was introduced to address the growing concerns about aviation security in the wake of global events highlighting the vulnerability of air transport to terrorist activities and other security risks. The policy objective of the Act is to safeguard the aviation industry by implementing stringent security measures and regulatory oversight, thus protecting the safety of passengers, crew, and the public. The Act provides the legal foundation for designating certain airports as security controlled airports and establishing specific security zones within those airports. This legislative framework ensures that security measures are consistently applied across the nation's aviation infrastructure, thereby maintaining high standards of aviation security.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in the aviation industry, including airports, airlines, and passengers, with a particular focus on ensuring the security of aviation transport. This federal legislation governs the security measures for airports and aircraft, establishing the requirements for security controlled airports and airside areas. It applies to all airports within Australia, ensuring that security protocols are uniformly implemented across the Commonwealth. The Act mandates that designated airports, such as Orange Regional Airport, must meet specific security criteria to protect against threats to civil aviation. The Act also provides mechanisms for declaring and revoking the status of security controlled airports through official notices, as evidenced by the recent revocation of Orange Regional Airport's status and its subsequent re-declaration. Any exclusions or exemptions are detailed in subordinate instruments, which may provide specific conditions under which certain entities or activities are not subject to the full scope of the Act. This Notice, issued under the authority of the Director, Transport Security Operations, specifies the boundaries and airside areas for Orange Regional Airport and comes into effect upon publication in the Gazette.

Key Provisions

The notice issued under the Aviation Transport Security Act 2004 (the Act) revokes the previous declaration that Orange Regional Airport is a security controlled airport, which was published in the Gazette on 14 February 2014 (section 28(2)). This revocation is significant as it nullifies the previous status of the airport as a security controlled area, thereby affecting the scope of security measures that were previously mandated. Simultaneously, the same notice declares Orange Regional Airport as a security controlled airport again, which reinstates the requirement for stringent security protocols at the airport (section 28(2)). Furthermore, the notice establishes an airside area for the airport, defining its boundaries as shown on the attached map, which forms part of this notice (section 29). This delineation is crucial as it specifies the exact area where heightened security measures are required. The obligations imposed by the Act on the parties or entities it governs are substantial. The designation of Orange Regional Airport as a security controlled airport requires that stringent security measures are implemented to safeguard the airport and its operations. These measures are designed to prevent unauthorised access and potential threats to aviation security. Specifically, operators of the airport must ensure that all individuals and vehicles entering the airside area are properly screened and authorised. This includes the implementation of access control systems, surveillance, and other security protocols to maintain the integrity of the airport’s security perimeter. Additionally, the airport must comply with any additional security requirements specified by the Director of Transport Security. The Act also imposes specific obligations on the airport operators to maintain records of security incidents, report any breaches of security protocols, and conduct regular security audits to ensure compliance with the Act. Failure to meet these obligations can result in severe consequences. The Act delineates various offences and penalties for breaches, with significant civil and criminal repercussions. For instance, any individual or entity found to have contravened the provisions of the Act may be liable to face civil penalties, which can include fines. The maximum penalty for contravening the Act is substantial, reaching up to 500 penalty units for individuals and 2500 penalty units for corporations, as stipulated in the Act. Additionally, in more severe cases, criminal charges can be brought against individuals or entities responsible for breaches, leading to potential imprisonment. The gravity of these penalties underscores the importance of strict adherence to the security measures mandated by the Act.