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 need for stringent security measures in aviation transport, aiming to protect passengers, crew, and aircraft from terrorist threats and other security risks. This Act provides a legal framework for the implementation and enforcement of security measures at Australian airports, including the designation of security controlled airports and the establishment of airside areas. The policy objective of the Act is to ensure the safety and security of air transport through the regulation of security-related activities at airports. In the context of Perth Airport, the Act facilitates the revocation of previous security declarations and the establishment of new security controlled areas, ensuring that appropriate security measures are in place to safeguard aviation activities. This legislative instrument, therefore, serves to update and reinforce the security protocols at Perth Airport in alignment with national security standards. On 17 April 2014, Pauline Margaret Sullivan, as the General Manager of Transport Security Operations for the Department of Infrastructure and Regional Development, issued a notice to revoke the previous declaration of Perth Airport as a security controlled airport and to re-declare it under the provisions of the Aviation Transport Security Act 2004. This notice, published in the Gazette, delineates the boundaries of the airport and establishes the airside area, ensuring that the security measures comply with the requirements of the Act. The notice remains in effect until it is formally revoked through subsequent publication in the Gazette, thereby maintaining the regulatory framework for aviation security at Perth Airport.

Scope and Application

The Aviation Transport Security Act 2004 governs the security of aviation transport within Australia, applying to a range of entities including airports, airlines, and aviation service providers. Specifically, the Act applies to the designation and management of security controlled airports, which are areas where stringent security measures are required to protect against acts of unlawful interference with aircraft. The Act has a national reach, as it is a Commonwealth Act, and its provisions apply across all states and territories of Australia. In the case of Perth Airport, the Act allows for the declaration of the airport as a security controlled area, which involves setting boundaries and establishing an airside area. The boundaries and specific areas are detailed in the accompanying map and are integral to the enforcement of security measures as stipulated by the Act. The Act's application can be extended or refined through subordinate instruments, which may further define the scope and specifics of security measures and controlled areas. This notice, revoking a previous declaration and establishing new boundaries, is a practical application of the Act’s provisions, ensuring that security protocols are appropriately tailored to the specific layout and operational needs of Perth Airport.

Key Provisions

The notice, A05890, pertains to the Aviation Transport Security Act 2004 (the Act) and revokes the previous notice A05656, which had declared Perth Airport as a security controlled airport (sections 28(2)). This new notice, dated 17 April 2014, declares Perth Airport as a security controlled airport once again and establishes an airside area for the airport. The boundaries of the airport and the airside area are specified on an attached map, which is considered part of the notice. This declaration and establishment are effective upon the notice's publication in the Gazette. Under the Act, being a security controlled airport imposes several obligations on Perth Airport. These obligations include ensuring that stringent security measures are in place to protect against acts of unlawful interference with civil aircraft and to secure the airport environment. The airport must comply with the security regulations set out in the Act and any additional requirements specified by the Minister. Furthermore, Perth Airport must coordinate with the Australian Federal Police and other relevant authorities to enforce these security measures effectively. Failure to comply with the security provisions of the Act can result in both civil and criminal consequences. Civil penalties may be imposed for non-compliance with specific sections of the Act. For instance, an individual or corporation may be fined up to $22,200 for a strict liability offence under section 210(1)(a) for contravening a security requirement. In more severe cases, criminal offences may be charged under section 211, which carries a maximum penalty of imprisonment for five years or a fine of up to $333,000, or both, for acts of unlawful interference. Additionally, offences under section 212 can lead to penalties of imprisonment for ten years or a fine of up to $555,000, or both, for endangering safety by carrying dangerous items onto an aircraft. These penalties underscore the seriousness with which the Act treats security breaches at security controlled airports.