A05752
Aviation Transport Security Act 2004
NOTICE OF DECLARATION OF SECURITY CONTROLLED AIRPORT AND AIRSIDE AREA – ORANGE REGIONAL AIRPORT
I, Michael William Rowe, Regional Director, Transport Security Operations, Office of Transport Security:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), the declaration of Orange Regional Airport as a security controlled airport as listed in the Gazette (No.GN 8, 2 March 2005)
DECLARE, under subsection 28(2) of the Act, that Orange Regional Airport is a security controlled airport, the boundaries of Orange Regional Airport are shown on the attached map which forms part of this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Orange Regional Airport being that area indicated as the airside area on the attached map.
This Notice commences upon publication in the Gazette.
Date: 10 February 2014
Michael Rowe
Delegate of the Secretary of the
Department of Infrastructure and Regional Development
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
Overview
The Aviation Transport Security Act 2004 was enacted to establish a national framework for aviation security and to provide for the regulation of aviation security measures in Australia. This legislation was introduced to address the need for stringent security measures in response to the growing threat of terrorism and other security risks to the aviation sector. The Act was passed by the Australian Parliament and aims to ensure that aviation security measures are implemented effectively to protect passengers, crew, aircraft, and the integrity of the aviation system. The Act provides for the declaration of security controlled airports and the establishment of airside areas where enhanced security measures are required. This notice, issued by the Regional Director, Transport Security Operations, revokes the previous declaration of Orange Regional Airport as a security controlled airport and re-declares it with updated boundaries and an established airside area, ensuring continued compliance with the provisions of the Act.
Scope and Application
The Aviation Transport Security Act 2004 applies to various persons, entities, and conduct within the scope of aviation transport security in Australia. Specifically, this Act applies to airports, aircraft, and other entities involved in the air transport industry, ensuring the security of airside operations and preventing unauthorised access to sensitive areas. The geographic and jurisdictional reach of this Act is national, applying across the Commonwealth of Australia and its territories, encompassing all airports designated as security controlled airports. The Act establishes thresholds and requirements for security measures and designates specific areas within airports as airside areas requiring heightened security protocols. Exclusions or exemptions from the Act's application may be defined through subordinate instruments or specific provisions within the Act itself, although such exclusions are not explicitly stated in the provided notice. The notice in question revokes the previous declaration of Orange Regional Airport as a security controlled airport and re-establishes it with updated boundaries and an airside area as specified. This revocation and re-declaration process is governed by the provisions of the Act, ensuring that security protocols remain up to date and appropriately aligned with the current operational scope of the airport.
Key Provisions
The main operative sections of the Aviation Transport Security Act 2004 in this Notice pertain to the revocation and declaration of Orange Regional Airport as a security controlled airport (sections 28(2) and 29). Firstly, section 28(2) allows the Regional Director to revoke the declaration that an airport is a security controlled airport, which in this case applies to Orange Regional Airport as noted in Gazette No. GN 8 from 2 March 2005. Secondly, the same section permits the Regional Director to declare a specific airport as a security controlled airport, and subsequently, section 29 enables the establishment of an airside area for that airport. These sections work together to manage the security status and boundaries of designated airport areas under the Act.
The obligations imposed on parties or entities by this Act include the requirement for Orange Regional Airport to comply with the security measures and regulations as a security controlled airport. This involves adhering to stringent security protocols to protect the airport and its airside area from potential threats. The establishment of the airside area as indicated on the attached map is a critical aspect, ensuring that specific zones within the airport are properly secured and monitored to maintain aviation safety and security standards.
Breaches of the obligations set forth by the Aviation Transport Security Act 2004 can result in severe penalties. For instance, any failure to comply with the security regulations or improper management of the designated airside area may lead to both civil and criminal consequences. The Act stipulates penalties that can be imposed, although the exact maximum penalties are not detailed in this Notice. However, it is understood that non-compliance could lead to significant legal repercussions, including fines or imprisonment, depending on the severity of the breach and the specific provisions of the Act that are violated. These measures are in place to ensure the highest standards of aviation security are maintained at Orange Regional Airport.