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

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the security of aviation transport in Australia, addressing the need for stringent measures to protect against threats to civil aviation. This legislation was developed in response to growing concerns about aviation safety and security, particularly in light of global incidents highlighting the vulnerabilities of air transport systems. The Act was enacted by the Parliament of Australia and its primary policy objective is to establish a comprehensive framework for the security of airports and aircraft, ensuring the protection of passengers, crew, and the general public. The Act provides the legal basis for designating security controlled airports and defining airside areas, thereby enabling the implementation of necessary security measures to safeguard against potential threats. On 30 September 2015, Pauline Sullivan, as the General Manager of Transport Security Operations within the Office of Transport Security, issued a notice revoking the previous declaration of Perth Airport as a security controlled airport and subsequently re-declaring it under the provisions of the Act. This re-declaration also established an airside area for Perth Airport, ensuring that specific security measures could be applied to the defined boundaries of the airport. This action underscores the ongoing commitment to maintaining high security standards in Australia's aviation sector, adapting to changes in security needs and infrastructure.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in the operation of aviation transport within Australia. This includes both domestic and international airports, aircraft operators, and other persons or entities that may be involved in the management or operation of the aviation transport industry. The Act is primarily concerned with ensuring the security of aviation transport through stringent measures and regulations. Its jurisdiction is national, as it is a Commonwealth Act, and it extends to all airports and aircraft within Australia, irrespective of state or territory boundaries. The Act provides for the establishment of security controlled airports and the designation of airside areas where heightened security measures are required. These measures include the implementation of security plans, the conduct of security checks, and the enforcement of security regulations. Notably, the Act can be extended or restricted through subordinate instruments, such as regulations and notices, which allow for the detailed specification of security measures and procedures. Any exclusions or exemptions from the Act's provisions are typically defined within these subordinate instruments or specific legislative provisions.

Key Provisions

The key operative sections of the notice are detailed under subsection 28(2) of the Aviation Transport Security Act 2004. This subsection empowers the General Manager of Transport Security Operations to revoke or declare an airport as a security controlled airport and to establish an airside area. In this instance, the notice revokes the previous declaration made in Notice NTC-9044 and establishes a new declaration for Perth Airport as a security controlled airport, with the specified boundaries outlined in the attached map. Furthermore, section 29 of the Act is referenced to establish the airside area for Perth Airport, as depicted on the map that forms part of this notice. The notice takes effect upon its publication in the Gazette. Under the Act, the General Manager, Transport Security Operations, is tasked with ensuring that designated airports are properly secured. This involves revoking any previous declarations that may have been in place and establishing new boundaries and areas as necessary to maintain security. The obligations on the parties and entities governed by this Act include adhering to the newly established boundaries and ensuring compliance with all security protocols within the defined airside area. Additionally, they must comply with any further instructions or regulations that may be issued by the Office of Transport Security. The Act also outlines specific offences, penalties, and consequences for breaches of its provisions. Any person who contravenes the Act, including the provisions related to security controlled airports and airside areas, may be subject to penalties. For instance, an individual found guilty of contravening a provision of the Act may be subject to fines and imprisonment. The maximum penalties for such offences are detailed in the Act, and these can include substantial fines and terms of imprisonment, depending on the severity of the breach and the discretion of the court. The enforcement of these penalties is critical to maintaining the integrity and effectiveness of the security measures in place at airports. The notice also stipulates that it remains in force until it is revoked in writing and subsequently published in the Gazette. This ensures that any changes to the security status of the airport or its boundaries are communicated effectively and are legally binding once published. The continuous effect of the notice, unless revoked, underscores the importance of maintaining up-to-date and accurate information regarding security controlled airports and their designated areas. This also ensures that all stakeholders are aware of their obligations and responsibilities under the Act at all times.