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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a framework for the security of civil aviation in Australia, aiming to address the need for stringent security measures in response to the global threat of terrorism. The Act aims to ensure that security measures are effectively implemented at airports and on aircraft, thereby protecting passengers, crew, and the general public from potential acts of unlawful interference. The policy objective of the Act is to safeguard the aviation industry by imposing strict security controls, including the declaration of security controlled airports and airside areas, which are crucial in preventing and mitigating security risks. The Act empowers the Minister for Infrastructure and Transport to declare specific airports and areas as security controlled, which was illustrated in the revocation and re-declaration of Perth Airport as a security controlled airport and the establishment of its airside area. This legislative action highlights the continuous need to adapt and enforce security measures to evolving threats, ensuring the safety and security of the aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation and enforcement of aviation security measures across Australia. This Act is pertinent to various entities including airports, airlines, and other aviation stakeholders, governing their conduct and operations to ensure the security of the national aviation transport system. Specifically, the Act mandates security protocols and controls at designated airports, including those subject to the declaration of a security controlled airport and its airside areas, as illustrated in the case of Perth Airport. The Act’s jurisdictional reach is national, as it pertains to the Commonwealth of Australia and its territories, establishing uniform security standards applicable across the country. The Act also provides for the revocation or establishment of security measures through subordinate instruments, such as notices published in the Commonwealth of Australia Gazette, which serves to adjust the scope of security controlled airports and their airside areas accordingly. This legislative framework ensures that aviation security is consistently and effectively managed nationwide, with specific areas and boundaries defined through such declarations and subsequent notices.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) governs the security of civil aviation in Australia, including the designation of airports and specific areas within them as security controlled. In this context, section 28(2) of the Act allows for the declaration of an airport as a security controlled airport, while section 29 enables the establishment of an airside area within that airport. The notice in question, NTC-9695, revokes the previous declaration (NTC-9520) concerning Perth Airport, which was published in the Gazette C2015G01699 on 19 October 2015, and reaffirms Perth Airport as a security controlled airport. The boundaries of the airport and the airside area are detailed in the attached map, which is considered part of the notice. This new declaration takes effect upon its publication in the Gazette on 3 November 2015. Under this Act, the obligations imposed on Perth Airport, now reaffirmed as a security controlled airport, include compliance with all security regulations set forth by the Act. This entails ensuring that all personnel, vehicles, and goods entering the airport or the designated airside area undergo appropriate security screenings and checks. The airport must also maintain a security plan that is periodically reviewed and updated, as required by the Act, to address any potential security threats. Furthermore, the airport is mandated to cooperate with the Australian Federal Police and other relevant authorities in enforcing these security measures. Breaches of the provisions of the Aviation Transport Security Act 2004 can lead to significant legal consequences. The Act outlines various offences, with penalties for non-compliance that can be both civil and criminal in nature. For instance, under section 110, a person who commits an offence against the Act may be subject to a fine of up to 500 penalty units, or imprisonment for up to two years, or both. For corporate entities, the maximum penalty can be higher, reaching up to 25,000 penalty units as per section 111. Additionally, failure to comply with the security requirements can result in the suspension or revocation of operating licences, which could have severe repercussions for the airport's operations. The Act also provides for civil penalties and the potential for compensation claims in cases where security breaches lead to harm or damage.