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

Overview

The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to address the need for stringent security measures within the aviation sector, particularly at airports. This legislation was designed to mitigate potential threats to aviation security by providing a comprehensive framework for the regulation and enforcement of security controls at airports. The Act empowers the Director of Transport Security to declare specific areas within airports as "security controlled airports" and "airside areas," thereby ensuring that these critical zones are subject to heightened security measures. This proactive approach was intended to bolster the overall security of Australia's aviation infrastructure, thereby protecting passengers, crew, and the public from potential security risks. This notice of declaration, issued by Stephen J. Weber, Director of Transport Security Operations within the Office of Transport Security, revokes the previous declaration concerning Paraburdoo Airport and re-establishes it as a security controlled airport. The policy objective remains consistent with the overarching goal of the Act, which is to enhance the security of aviation transport by clearly defining and enforcing security controls within designated airport areas. This continuous effort to update and refine security measures reflects the Act's commitment to adapting to evolving security challenges within the aviation industry.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons, entities, industries, and conduct within the scope of aviation transport security, including the operation of airports, airlines, and other entities involved in air transport. This Act pertains to the Commonwealth jurisdiction, providing a national framework for aviation security measures to safeguard against threats to civil aviation. The Act establishes certain airports as security controlled airports, with Paraburdoo Airport being one such example. The declaration of security controlled airports and the establishment of airside areas, as indicated in the Notice of Declaration, are mechanisms through which the Act exerts its jurisdiction and imposes security obligations on relevant entities and persons operating within these designated areas. Any exclusions, exemptions, or thresholds are typically outlined in subordinate instruments that provide further detail on the specific requirements and regulations under the Act. This legislative framework is designed to ensure that security measures are uniformly applied across the aviation sector, thereby protecting Australia’s air transport infrastructure.

Key Provisions

The main operative sections of this Notice, which is issued under the Aviation Transport Security Act 2004 (the Act), are section 28(2) and section 29. Under section 28(2), the Director of Transport Security Operations has the authority to revoke or declare a security controlled airport and to establish an airside area for that airport. This Notice revokes the previous declaration of Paraburdoo Airport as a security controlled airport (Notice A04107) and re-declares it under current provisions, with the specific boundaries of the airport and the airside area being indicated on the attached map (subsection 28(2)). Section 29 of the Act allows for the establishment of an airside area, which in this case, is designated for Paraburdoo Airport as shown on the map. The obligations and requirements imposed by this Notice on the parties and entities governed by it are primarily related to adhering to the security measures and protocols as prescribed by the Act. Specifically, since Paraburdoo Airport is now declared as a security controlled airport, it must comply with the security regulations set forth by the Act. This includes implementing and maintaining security measures to safeguard the airport and its airside area against acts of unlawful interference, which can include terrorist activities. The Notice also mandates that the boundaries and the airside area, as specified on the attached map, must be respected and protected under the security protocols. In terms of offences, penalties, or consequences for breach, the Aviation Transport Security Act 2004 includes provisions that address non-compliance with its requirements. While specific penalties are not detailed in the Notice, the Act generally provides for both civil and criminal penalties. Civil penalties may include fines up to a maximum of $22,200 for individuals and $111,000 for bodies corporate, depending on the nature and seriousness of the breach. Criminal penalties can result in imprisonment for up to 10 years, particularly for offences involving acts of unlawful interference. Additionally, any person who fails to comply with the security measures or regulations may be subject to enforcement actions, including potential legal proceedings. This Notice is effective from the date of its publication in the Gazette, which is 8 March 2017. It will remain in force until it is revoked in writing and upon subsequent publication in the Gazette. The revocation of the previous Notice (A04107) and the re-declaration of Paraburdoo Airport as a security controlled airport with the new boundaries and airside area are critical actions to ensure the continued security of the airport and its operations, aligning with the overarching objectives of the Act.