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

Overview

The Aviation Transport Security Act 2004 was enacted to establish a robust framework for the security of aviation transport, ensuring the safety and security of passengers, crew, and aircraft within Australia. The Act was introduced to address the critical need for stringent aviation security measures in response to increasing global security threats. This legislation was enacted by the Australian Parliament, with the overarching policy objective of safeguarding the aviation industry against acts of unlawful interference, thereby protecting lives and property. On 21 February 2014, John David Raphael Moody, as Regional Director of Transport Security Operations, issued a Notice under the Act to revoke the declaration of Parafield Airport as a security controlled airport, which was originally declared in 2005. The Notice also established new boundaries for the airport and defined the airside area. This action underscores the dynamic nature of aviation security, necessitating periodic review and adjustment to the designated security controlled areas to align with current security needs and operational realities. The Notice remains in effect until it is formally revoked and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to entities and individuals involved in aviation transport within Australia, establishing regulations to secure air transport against threats. The Act governs the conduct of all entities operating within designated security-controlled airports, including Parafield Airport as specified in the notice. The legislation is applicable at the Commonwealth level, impacting both domestic and international aviation activities within Australia’s jurisdiction. The Act mandates stringent security measures for airside areas, which are specific zones within airports where security controls are enforced to protect against potential threats. Notably, the Act allows for the revocation and re-declaration of security-controlled airports and their airside areas through official notices, as evidenced by the recent changes concerning Parafield Airport. The application of the Act can be extended or restricted through subordinate instruments, ensuring flexibility in responding to evolving security needs. The notice also highlights that this legislation remains in force until formally revoked, underscoring the continuous nature of its enforcement.

Key Provisions

The primary operative sections of the Aviation Transport Security Act 2004, as evidenced in the Notice of Declaration of Security Controlled Airport and Airside Area for Parafield Airport, involve the revocation and re-declaration of Parafield Airport as a security controlled airport under section 28(2) (subsection 28(2)), and the establishment of an airside area for Parafield Airport under section 29. The Notice revokes the previous declaration of Parafield Airport as a security controlled airport made on 2 March 2005 and re-declares it under the same authority, specifying the boundaries of the airport and the airside area, both of which are detailed on the attached map. This re-declaration ensures that the airport and its airside area are subject to the security provisions outlined in the Act. The Act imposes specific obligations on the entities it governs, including the requirement to ensure that security measures are in place to protect the airport and its airside area from potential threats. This includes the implementation of security protocols, the appointment of a Security Coordinator, and the development of a security program in compliance with the Act's requirements. The Notice specifies the boundaries of the airport and the airside area, which must be adhered to by all parties, including airlines, airport operators, and other entities operating within these areas. Breach of the obligations imposed by the Aviation Transport Security Act 2004 can result in serious consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, with the maximum penalty varying depending on the nature and severity of the breach. For example, under section 129, a person who contravenes a direction given under the Act can be subject to a penalty of up to $22,200 for a corporation or $4,440 for an individual. Criminal offences under the Act can result in imprisonment, with the maximum penalties also varying. For instance, under section 131, a person who commits an offence against the Act can be subject to a fine of up to $55,500 for a corporation or $11,100 for an individual, and imprisonment for up to two years. The severity of the penalties reflects the importance of compliance with the security provisions of the Act to ensure the safety and security of aviation transport in Australia.