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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures within the aviation sector to protect against threats to air transport. This legislation was introduced to ensure the safety and security of passengers, crew, and aircraft, as well as to safeguard the broader community from potential aviation-related risks. The policy objective of the Act is to establish a comprehensive framework for aviation security, encompassing both preventive measures and responsive actions to security incidents. The Act empowers the relevant authorities to implement and enforce security regulations, designate security controlled airports, and establish airside areas where heightened security measures are required. The notice presented here revokes a previous declaration concerning Rockhampton Airport, which was previously designated as a security controlled airport, and re-establishes its status under updated security parameters, as part of the ongoing efforts to maintain effective aviation security measures.

Scope and Application

The Aviation Transport Security Act 2004 applies to the aviation industry, specifically targeting security measures and regulations at airports within Australia. The Act imposes obligations on various entities, including airport operators, airlines, and other persons involved in the operation of security-controlled airports. It seeks to ensure the safety and security of the national aviation system by implementing stringent security protocols. The Act's jurisdiction spans the Commonwealth level, meaning it applies across the entire nation, irrespective of state or territory boundaries. Notably, the Act allows for the declaration of security-controlled airports and the establishment of airside areas through subordinate instruments, as evidenced by the notice for Rockhampton Airport. The revocation or declaration of a security-controlled airport, as well as the establishment of an airside area, is governed by the Act and can be modified through notices published in the Commonwealth of Australia Gazette, thereby extending or restricting the application of the Act as needed.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) governs the security of aviation transport in Australia. In particular, section 28(2) allows the Director to declare an airport as a security controlled airport, while section 29 pertains to the establishment of an airside area within that airport. This notice, published in the Gazette, revokes the previous declaration (NTC-13879) regarding Rockhampton Airport and declares it a security controlled airport again, along with the establishment of an airside area. This notice will be effective from the date of its publication in the Gazette. Under this Act, obligations are placed on various entities, including the Director, the Secretary of the Department of Home Affairs, and other relevant authorities. The Director is responsible for overseeing the security of the airside area and ensuring that appropriate measures are in place to protect the airport from potential threats. The Secretary, in turn, is responsible for appointing the Director and ensuring the overall governance and implementation of the Act. Additionally, Rockhampton Airport and its operators must comply with the security requirements outlined in the Act to ensure the safety of passengers and staff. The Act also outlines various offences and penalties for breaches of its provisions. For instance, section 132 of the Act makes it an offence for a person to unlawfully enter a security controlled airport, with a maximum penalty of six months imprisonment or a fine of up to 10,000 penalty units (currently AUD 1,700,000). Similarly, section 133 makes it an offence to unlawfully enter an airside area, with a maximum penalty of 12 months imprisonment or a fine of up to 20,000 penalty units (currently AUD 3,400,000). Furthermore, section 134 makes it an offence to unlawfully carry a dangerous article into a security controlled airport, with a maximum penalty of two years imprisonment or a fine of up to 30,000 penalty units (currently AUD 5,100,000). In addition to the criminal penalties, the Act also provides for civil consequences for breaches of its provisions. For example, section 138 allows the Director to issue a direction to a person to take or refrain from taking certain actions if they believe the person has contravened the Act or is likely to do so. Failure to comply with such a direction may result in further enforcement action, such as fines or other penalties. Furthermore, section 140 allows for the Director to take action to prevent or mitigate any threat to the security of a security controlled airport or airside area, including the use of reasonable force if necessary. Overall, the Aviation Transport Security Act 2004 and the accompanying notice provide a comprehensive framework for the security of aviation transport in Australia. By declaring Rockhampton Airport as a security controlled airport and establishing an airside area, the Act ensures that appropriate measures are in place to protect the airport and its passengers from potential threats. The obligations and penalties outlined in the Act also serve to deter potential breaches and ensure compliance with the necessary security requirements.