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

Overview

The Aviation Transport Security Act 2004 was enacted to establish and maintain a national system of aviation security. This legislation was introduced to address the need for comprehensive and coordinated security measures in the aviation sector to protect passengers, aircraft, and infrastructure from security threats. The Act provides the legal framework for the implementation of aviation security measures across Australia and is overseen by the Australian Government through the Department of Infrastructure and Regional Development. The policy objective of the Act is to ensure that security controls are effectively managed to safeguard the aviation industry, thereby enhancing public confidence in air travel. The Act empowers the Secretary to declare certain airports as security controlled and to establish airside areas within these airports, ensuring that stringent security protocols are in place to mitigate risks. The revocation and redeclaration of Perth Airport as a security controlled airport under this Act underscores the dynamic nature of aviation security, adapting to evolving threats and operational requirements.

Scope and Application

The Aviation Transport Security Act 2004 applies to the security of civil aviation within Australia and its territories. This legislation is concerned with the protection of aviation from acts of unlawful interference, and it mandates security measures at airports. The Act applies to persons, entities, and industries involved in the operation of airports, airlines, and other entities that provide services on the airside of airports, including both domestic and international flights. Conduct and transactions within the security perimeters of designated airports, such as Perth Airport, are subject to the stringent security requirements outlined in the Act. The geographic reach of the Act is national, encompassing all airports designated as security controlled airports within Australia. Perth Airport, as identified in the Notice of Declaration of Security Controlled Airport and Airside Area, falls under this jurisdiction. The Act provides for the establishment of airside areas and security measures through subordinate instruments, which can further specify the scope and application of the Act’s provisions. Any exemptions or exclusions from the Act’s requirements would typically be outlined in these subordinate instruments or in specific sections of the Act itself, which may cater to certain low-risk operations or other specified circumstances. The revocation and declaration of security controlled airports and airside areas are governed by the Act and executed through notices published in the Commonwealth of Australia Gazette, as evidenced by the recent revocation of Notice NTC-8119 and the establishment of a new declaration for Perth Airport.

Key Provisions

The key operative sections of this notice include the revocation of a previous declaration (subsection 28(2) of the Aviation Transport Security Act 2004), the declaration of Perth Airport as a security controlled airport, and the establishment of an airside area for Perth Airport (section 29). The notice revokes the previous declaration, NTC-8119, which had declared Perth Airport as a security controlled airport as published in the Gazette C2015G00928 on 16 June 2015. This revocation is effective upon publication of the current notice in the Gazette. The notice also declares Perth Airport as a security controlled airport and specifies the boundaries of the airport, which are shown on the attached map. Furthermore, the notice establishes an airside area for Perth Airport, delineating the specific area on the attached map. This notice, in its current form, will remain in force until it is revoked in writing and subsequently published in the Gazette. The obligations imposed by this notice on parties and entities governed by the Act include adherence to the defined boundaries of the security controlled airport and the airside area. All activities within these areas must comply with the security regulations set forth by the Act. This includes ensuring that all personnel, vehicles, and materials entering the airside area are properly authorised and meet the necessary security requirements. Furthermore, the notice mandates that any operations or movements within the declared areas are conducted in accordance with the provisions of the Aviation Transport Security Act 2004. The Act provides for various offences and penalties for breaches of its provisions. Under section 279 of the Act, a person who commits an offence against the Act is liable to a penalty. For example, contravening the provisions of the Act can result in fines and imprisonment. Specifically, under section 280, an individual can be fined up to 5,000 penalty units and/or imprisoned for up to five years for knowingly or recklessly contravening the Act. Additionally, corporations can face fines of up to 25,000 penalty units under section 281 for breaches. These penalties reflect the seriousness with which the Act treats non-compliance and the importance of adhering to the security measures in place.