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 significant security concerns related to civil aviation transport. This Act establishes a comprehensive framework for the protection of Australia’s aviation infrastructure and passengers from potential terrorist threats and other security risks. The policy objective behind this legislation is to ensure the safety and security of the nation's aviation system, aligning with international standards and best practices. The Act includes provisions for the declaration of security controlled airports and airside areas, allowing the government to enforce stringent security measures at critical points within the aviation sector. The Act empowers the Secretary of the Department of Infrastructure and Regional Development to designate specific airports and areas as security controlled, thereby enhancing the overall security posture of the Australian aviation industry. This particular notice, issued under the authority of the Aviation Transport Security Act 2004, revokes the previous declaration of Perth Airport as a security controlled airport and re-declares it with updated boundaries and a designated airside area. The revocation and re-declaration process ensures that the security measures remain effective and relevant, adapting to any changes in the airport's layout or operational requirements. This notice, signed by Pauline Margaret Sullivan, the General Manager of Transport Security Operations, and dated 19 December 2014, reflects the ongoing commitment to safeguarding Australia's aviation infrastructure against potential security threats.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to security controls at airports within Australia, specifically focusing on the designation of security controlled airports and the establishment of airside areas. This Act applies to Perth Airport, which has been declared a security controlled airport and has its airside area boundaries defined by a notice published in the Gazette. The application of the Act is national, extending across the Commonwealth of Australia, and it governs the conduct and transactions of persons and entities operating within the designated security controlled airports and their airside areas. The Act's reach is comprehensive, ensuring that all activities within the specified areas comply with the security measures outlined therein. The Act does not specify exclusions or thresholds but allows for the revocation and re-declaration of security controlled areas as necessary, as evidenced by the revocation and subsequent re-declaration of Perth Airport's security status. Subordinate instruments may further extend or restrict the application of the Act by providing additional details or amendments to the initial declaration.

Key Provisions

The main operative sections of the notice under the Aviation Transport Security Act 2004 pertain to the revocation, declaration, and establishment of security measures at Perth Airport. Section 28(2) allows the revocation of a previous declaration, as seen in Notice NTC-4442 which had declared Perth Airport a security controlled airport. This revocation is effective immediately upon publication in the Gazette, as stated in C2014G01632, dated 30 September 2014. Subsequently, the notice declares Perth Airport anew as a security controlled airport under the same section, and delineates the airport's boundaries using an attached map, which is an integral part of the notice. Furthermore, section 29 of the Act is invoked to establish an airside area for Perth Airport, also indicated on the attached map. This notice comes into effect upon its publication in the Gazette, dated 19 December 2014. The Act imposes specific obligations on parties or entities governed by it. The General Manager, Transport Security Operations, Office of Transport Security, in this instance Pauline Margaret Sullivan, is responsible for managing these obligations. The key obligation includes ensuring that Perth Airport complies with the security protocols as stipulated by the Act, which involves maintaining the airport as a security controlled airport and defining its boundaries. Additionally, the airside area must be clearly established and maintained according to the map provided in the notice. These obligations are critical to safeguarding the security of the aviation transport system and must be adhered to rigorously. In the event of a breach of the provisions outlined in the Act, there are potential civil and criminal consequences. While the notice does not specify the exact nature of these consequences, breaches of aviation security legislation typically attract significant penalties. Under the Act, offences may lead to substantial fines or imprisonment, reflecting the seriousness of ensuring aviation security. The maximum penalties could vary depending on the severity of the breach and any subsequent legal proceedings. It is crucial for all parties involved to understand and comply with the Act to avoid these potential repercussions.