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

Overview

The Aviation Transport Security Act 2004 was enacted to address the growing need for enhanced security measures in Australia's aviation sector, particularly in response to the increasing global threat of terrorism and other security risks. This Act was introduced by the Australian Parliament to establish a comprehensive framework for aviation security, ensuring the protection of passengers, crew, and the public at large from potential threats. The policy objective behind the Act is to safeguard the integrity and safety of Australia's air transport system by imposing stringent security regulations and requirements on airports and air carriers. The Act allows for the declaration of security controlled airports and the establishment of airside areas, ensuring that critical areas of airports are adequately protected. In line with the Act, the notice A05524, issued under the authority of Pauline Margaret Sullivan, General Manager of Transport Security Operations within the Department of Infrastructure and Regional Development, revokes the previous declaration of Perth Airport as a security controlled airport and re-establishes it with updated boundaries. This action underscores the ongoing commitment to maintaining stringent security protocols at major Australian airports, thereby enhancing the overall security posture of the nation's aviation infrastructure. This notice, effective upon its publication in the Gazette, highlights the dynamic nature of aviation security measures, adapting to the evolving security landscape while ensuring compliance with the Act's provisions.

Scope and Application

The Aviation Transport Security Act 2004 applies to designated security controlled airports and their airside areas, encompassing the persons and entities operating within these areas, including airlines, airport operators, and security service providers. The Act extends to all airports within the Commonwealth of Australia, ensuring a uniform approach to aviation security across different jurisdictions. The declaration of Perth Airport as a security controlled airport under this Act highlights the legislative intent to maintain stringent security measures at this particular airport, which includes the establishment of specific airside areas as defined by the attached map. The Act’s provisions ensure that only authorised individuals and entities can operate within these designated zones, thereby enhancing the security framework at the airport. The application of the Act is comprehensive, with no specific exclusions mentioned, though it is noted that the Act may be further extended or modified through subordinate instruments such as regulations or notices, as evidenced by the revocation and re-declaration of Perth Airport in this specific notice.

Key Provisions

The notice A05524, issued under the Aviation Transport Security Act 2004 (the Act), revokes the previous notice A05351 that designated Perth Airport as a security controlled airport. This revocation is carried out under subsection 28(2) of the Act and it is effective upon its publication in the Gazette (No. C2013G01601, 21 October 2013). Concurrently, the new notice declares Perth Airport as a security controlled airport and specifies its boundaries, as depicted on the attached map which is integral to this notice. Furthermore, this notice establishes an airside area for Perth Airport, as mandated by section 29 of the Act, with the specific area outlined on the same attached map. This new declaration and establishment become effective upon publication in the Gazette. The Act imposes various obligations and requirements on the parties and entities it governs. Under section 28, the General Manager, Transport Security Operations, Office of Transport Security, is tasked with declaring and managing security controlled airports. This includes establishing and maintaining the boundaries of such airports and their airside areas, as specified in this notice. Additionally, the Act requires that all security measures and protocols be adhered to within these designated areas to ensure the safety and security of aviation transport. Compliance with these provisions is critical for the operational integrity of the airport and the overall security of the aviation sector. Failure to comply with the requirements set out in the Act may result in civil or criminal consequences. The Act outlines specific offences, including unauthorised entry or activity within a security controlled airport or airside area, which can result in significant penalties. For example, under section 307 of the Act, a person who commits an offence can be subject to imprisonment for up to five years, a fine of up to 60 penalty units, or both. Additionally, corporations may face fines of up to 300 penalty units for corporate offences. These penalties reflect the seriousness of non-compliance with aviation security regulations and aim to deter any actions that could compromise the safety and security of aviation transport. Moreover, the Act provides for the issuance of infringement notices for less severe breaches, which can result in fines up to 20 penalty units for individuals and 100 penalty units for corporations. The notice also includes provisions for the revocation and re-establishment of security controlled areas, as demonstrated in this instance with Perth Airport, to ensure that the security measures remain effective and up-to-date. This flexibility allows for adjustments to be made in response to changing security needs or operational changes at the airport. The notice clearly outlines the boundaries and areas subject to security control, ensuring that all stakeholders are aware of their obligations and the scope of the Act’s application.