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

Overview

The Aviation Transport Security Act 2004, enacted by the Commonwealth Parliament, was introduced to address the need for stringent security measures in aviation transport. This Act was designed to protect the nation's aviation system from acts of unlawful interference and to ensure the safety and security of aircraft, passengers, and airport personnel. The policy objective of the Act is to establish a comprehensive framework for aviation security, including the designation of security controlled airports and airside areas where heightened security measures are necessary. The Act empowers the Secretary of the Department of Infrastructure and Regional Development to declare airports as security controlled areas and to establish specific airside areas within those airports where stringent security controls must be implemented. On 22 March 2015, Pauline Margaret Sullivan, General Manager of Transport Security Operations for the Office of Transport Security, issued a notice under the Act revoking the previous declaration of Perth Airport as a security controlled airport and re-establishing it with updated boundaries and designated airside areas. This action was taken to ensure that the security measures at Perth Airport remain current and effective in addressing any emerging threats to aviation security. The notice was published in the Commonwealth of Australia Gazette and remains in force until revoked in writing and with subsequent publication in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to all persons, entities, and industries involved in aviation transport, including aircraft operators, airports, and airside service providers, as well as to specific conduct and transactions related to aviation security. The Act has a Commonwealth jurisdictional reach, applying across Australia and its territories, and its provisions are designed to ensure the security of civil aviation against acts of unlawful interference. The Act extends its application through subordinate instruments, such as regulations and notices, which provide further detail and operational guidance on its requirements. Notably, the Act excludes certain activities from its scope, such as military aviation and certain government operations, and provides for exemptions and thresholds in specific circumstances to balance security measures with operational efficiency. The notice revoking the previous declaration and establishing new security controlled airport and airside area boundaries for Perth Airport is an example of how the Act's scope and application are refined through such instruments, ensuring that security measures are appropriately tailored to the specific needs and risks of each airport.

Key Provisions

The key operative sections of the Aviation Transport Security Act 2004, relevant to the notice issued by Pauline Margaret Sullivan, General Manager of Transport Security Operations, are sections 28 and 29. Section 28(2) of the Act allows the General Manager to revoke or declare a security controlled airport, as demonstrated in the revocation of Notice NTC-5274 and the subsequent declaration of Perth Airport as a security controlled airport. This section also provides the authority to specify the boundaries of the airport, which are detailed on an attached map and are considered part of the notice (section 28(2)). Section 29 of the Act enables the establishment of an airside area for the airport, with the specifics of this area also mapped out and attached to the notice. The Act imposes several obligations on the parties and entities it governs, including the requirement to clearly delineate the boundaries of a security controlled airport and the airside area. These boundaries must be explicitly stated in the notice, and any changes must be formally declared in writing and subsequently published in the Gazette. The General Manager of Transport Security Operations holds the authority to make these declarations and revocations under the Act, as evidenced by the actions taken regarding Perth Airport. Additionally, any changes to the status of an airport or its airside area must follow the formal procedures outlined in the Act, ensuring transparency and adherence to legal requirements. Breaches of the obligations and requirements set forth in the Aviation Transport Security Act 2004 may result in both civil and criminal consequences. While the notice itself does not specify particular offences or penalties, the Act generally provides for significant penalties for non-compliance with aviation security measures. For instance, civil penalties can include substantial fines, and in more severe cases, criminal penalties may apply, including imprisonment. The specific maximum penalties would be detailed in other sections of the Act or related regulations, but the overarching intent is to enforce strict compliance to ensure the safety and security of aviation transport. The notice by Pauline Margaret Sullivan, revoking the previous declaration of Perth Airport as a security controlled airport and re-declaring it with updated boundaries and an established airside area, is an exercise of the authority granted under section 28(2) of the Act. This formal process ensures that all stakeholders are informed of the current legal status and operational requirements pertaining to the airport. The attachment of maps detailing the boundaries and airside area is crucial for clarity and enforcement, reflecting the meticulous nature of aviation security governance under the Act. In summary, the notice issued by the General Manager of Transport Security Operations is a formal declaration and revocation under sections 28 and 29 of the Aviation Transport Security Act 2004. This action underscores the importance of precise legal definitions and boundaries for security controlled airports and their airside areas. The obligations imposed by the Act necessitate clear communication and adherence to legal requirements, with potential civil and criminal consequences for non-compliance. The notice ensures that Perth Airport continues to operate under the appropriate security protocols, as mandated by the Act.