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

Overview

The Aviation Transport Security Act 2004 was enacted to address security concerns within Australia's aviation transport system. It provides the legal framework for ensuring the safety and security of air transport and the protection of aviation infrastructure. This Act was developed by the Commonwealth Parliament to establish a comprehensive security regime for airports and aircraft operating within Australia, aiming to prevent acts of unlawful interference with civil aircraft and to secure the aviation environment. The policy objective of the Act is to ensure that measures are in place to safeguard the nation's air transport system against terrorism and other threats, thereby protecting passengers, crew, and the public. On 11 December 2013, Pauline Margaret Sullivan, as the General Manager of Transport Security Operations in the Office of Transport Security, issued a declaration under the Act, revoking a previous notice and re-establishing Perth Airport as a security controlled airport. This declaration also established an airside area for Perth Airport, with the boundaries and the airside area being detailed in an attached map. This notice was published in the Commonwealth of Australia Gazette and remains in effect until it is revoked in writing and published in the Gazette. This action reaffirms the commitment to maintaining stringent security measures at Perth Airport, ensuring it complies with the security standards set out in the Act.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation of security measures within airports that are designated as security controlled airports. This Act specifically governs the conduct, transactions, and entities involved in the aviation transport sector, particularly those operating within the designated airside areas of airports deemed critical for national security. The Act applies nationally across the Commonwealth of Australia, encompassing all airports that are classified under its purview. Perth Airport is identified as a security controlled airport under this Act, with the airside area boundaries clearly defined in the accompanying map. The declaration of Perth Airport as a security controlled airport and the establishment of its airside area are subject to the provisions of the Act and are overseen by the General Manager, Transport Security Operations, within the Office of Transport Security. This legislative framework extends its application through subordinate instruments, which may include regulations and orders that further specify security requirements and operational protocols within these designated areas. Notably, the Act does not detail specific exclusions, exemptions, or thresholds within the provided notice, but it remains subject to the overarching stipulations of the Act itself.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) has been amended to revoke the previous declaration of Perth Airport as a security controlled airport, as indicated in section 28(2). The Act now declares Perth Airport as a security controlled airport, with the boundaries clearly defined in an accompanying map that is integral to this notice (section 28(2)). Additionally, an airside area for Perth Airport is established, in accordance with section 29 of the Act, with the specific area delineated on the same map. This declaration and establishment take effect from the date of publication in the Gazette, which in this case is 11 December 2013. Under the Act, parties or entities governed by this declaration are required to comply with specific aviation security measures. The declaration of Perth Airport as a security controlled airport means that enhanced security protocols must be implemented within its boundaries. This includes stringent screening of passengers and baggage, as well as controlled access to the airside area. The map provided will guide stakeholders in understanding where these measures are applicable and need to be enforced. The airside area, as specified, is subject to additional security regulations aimed at protecting the integrity of the airport's operations and ensuring the safety of aircraft and passengers. The Act imposes various obligations on individuals and entities operating within the security controlled airport and airside area. These obligations include adherence to security protocols, timely reporting of any security breaches, and cooperation with security personnel. Personnel working within these areas must be appropriately trained and certified to handle the security tasks required. Additionally, all entities must ensure that their operations do not compromise the security measures in place and must assist in maintaining a secure environment. Failure to comply with the provisions of the Act can result in serious consequences. The Act outlines both civil and criminal penalties for breaches. Civil penalties may include fines, and in severe cases, criminal charges can be brought against individuals or entities. The maximum penalties for contravening the Act's provisions can include substantial fines and, in cases involving criminal offences, imprisonment. The specific penalties are determined based on the nature and severity of the breach, with the aim of enforcing compliance and maintaining the highest standards of aviation security.