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

Overview

The Aviation Transport Security Act 2004 was enacted to provide for a framework of measures to protect civil aviation and aircraft from acts of unlawful interference, thus addressing the need for robust security protocols in the aviation sector. The Act was introduced by the Australian Parliament with the policy objective of ensuring the safety and security of air transport within Australia. This legislative framework enables the declaration of security controlled airports and the establishment of airside areas where stringent security measures must be enforced. The 2017 Notice of Declaration of Security Controlled Airport and Airside Area – Perth Airport, issued by Stephen J. Weber, Director of Transport Security Operations, exemplifies the Act's application in designating Perth Airport as a security controlled airport, thereby delineating the boundaries of the airport and the specific airside area subject to heightened security regulations. This declaration is instrumental in enforcing the security provisions outlined in the Act to safeguard against potential threats to aviation security.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in aviation transport security, including airports, airlines, and aviation security officers, with a focus on ensuring the safety and security of Australia's aviation system. This legislation extends across the Commonwealth, providing a national framework for aviation security measures. The Act imposes obligations on designated security controlled airports, such as Perth Airport, to implement and maintain security measures in accordance with the regulations set forth by the Act. Notably, the Act allows for the declaration and revocation of security controlled airports and the establishment of airside areas through subsidiary instruments, such as the notice published in the Gazette. Perth Airport, as declared under this notice, must comply with the specified security measures and controls, which are intended to safeguard the airport's airside area from unauthorised access and potential security threats. The boundaries of the airside area are defined in the attached map, which forms part of the notice, and these measures remain in effect until formally revoked and published in the Gazette.

Key Provisions

The Notice issued under the Aviation Transport Security Act 2004 (the Act) revokes the previous declaration regarding Perth Airport as a security controlled airport, which was made in Notice NTC-10171 published in the Gazette C2016G00187 on 5 February 2016. This revocation is effected under subsection 28(2) of the Act. Additionally, this Notice declares that Perth Airport is now a security controlled airport, with the specific boundaries of the airport delineated on the attached map, which forms an integral part of this Notice. The Notice also establishes an airside area for Perth Airport, as per section 29 of the Act, with the particulars of this area being indicated on the same map. This Notice takes effect immediately upon its publication in the Gazette. The Act imposes several obligations on parties and entities governed by it. Firstly, it requires that any security controlled airport must adhere to stringent security protocols as stipulated by the Act. These protocols ensure the safety and security of the airport and its operations. Additionally, the establishment of an airside area within the airport implies that specific security measures must be implemented and maintained within this designated area to protect against unauthorised access and potential threats. The Act mandates that these measures comply with the regulations set forth by the Department of Infrastructure and Regional Development. Failure to comply with the provisions of the Act can result in various consequences. Firstly, any person or entity that contravenes the Act may face civil or criminal penalties. Under the Act, civil penalties can include fines, which may be substantial, depending on the severity of the breach. For instance, the Act provides for fines that can reach up to $22,200 for individuals and significantly higher amounts for corporations, reflecting the gravity of security breaches in the aviation sector. Additionally, criminal offences under the Act can lead to imprisonment, with the maximum penalty for serious offences being up to five years. These penalties underscore the importance of adhering to the Act’s requirements to maintain the integrity and safety of the aviation transport system.