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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the critical need for stringent security measures within the aviation sector. This legislation aims to ensure the safety and security of Australia's air transport system by establishing protocols for the security of aircraft, airports, and airside areas. The Act provides the legal framework for the implementation and enforcement of security measures, empowering the Department of Infrastructure and Regional Development to designate airports as security controlled areas. This proactive approach aims to mitigate potential security threats and safeguard the public, personnel, and assets within the aviation industry. The policy objective of the Act is to create a robust and efficient security regime that aligns with international standards while addressing the unique challenges posed by the Australian aviation landscape.

Scope and Application

The Aviation Transport Security Act 2004 applies to individuals, entities, and industries involved in the aviation industry, specifically targeting the security of air transport. This includes airports, airlines, aircraft, and other entities that operate within the airside area of a security-controlled airport. The Act's jurisdiction is national, extending throughout the Commonwealth of Australia, with specific provisions that can be applied to designated security-controlled airports. The Act provides for the establishment of security measures and controlled areas to protect against threats to civil aviation. The Act may be supplemented by subordinate instruments, which can further define the scope and application of the security requirements. There are no specific exclusions mentioned in this notice, but it is understood that not all airports are designated as security-controlled under the Act, and thus may not be subject to all of its provisions unless otherwise specified. The revocation and re-declaration of Perth Airport as a security-controlled airport under this notice ensures that the airport maintains the necessary security standards as per the Act.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) outlines key provisions concerning the security of aviation transport, including the designation and control of security-controlled airports and airside areas. Under section 28(2), the Act allows the General Manager, Transport Security Operations, to revoke or declare an airport as a security-controlled airport. This means that specific security measures must be implemented and enforced at these airports to protect against acts of unlawful interference with civil aircraft. Additionally, section 29 of the Act enables the establishment of an airside area, which is a defined region around the airport where heightened security measures are required to safeguard against potential threats. The obligations imposed by the Act on parties and entities within the security-controlled airport and airside area are substantial. Operators, including airlines and airport authorities, must comply with the security measures outlined in the Act. These measures include conducting background checks on employees, implementing security protocols for passengers and baggage, and ensuring the physical security of the airport infrastructure. Furthermore, the Act mandates the coordination of security efforts with relevant federal and state agencies to maintain a cohesive and effective security framework. Failure to comply with the Act's requirements can lead to significant consequences. Section 331 of the Act stipulates that individuals or entities found in breach of the security provisions can face criminal penalties, including fines and imprisonment. For example, section 332 outlines that a person found guilty of an offence against the Act can be fined up to $330,000 for an individual or $1.65 million for a body corporate, and may also face imprisonment for up to five years. Additionally, the Act empowers authorities to impose civil penalties for breaches, which can further include fines and the revocation of operating licenses. These stringent penalties underscore the importance of adherence to the Act’s provisions to ensure the safety and security of aviation transport in Australia.