NTC-15959
Aviation Transport Security Act 2004
NOTICE OF DECLARATION OF SECURITY CONTROLLED AIRPORT AND AIRSIDE AREA – ROCKHAMPTON AIRPORT
I, MICHELLE COZADINOS, Director, Transport Security Operations, Aviation and Maritime Security Division:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), Notice NTC-14731 which declared as a security controlled airport as published in the Gazette (No. C2018G00414, dated 4 June 2018);
DECLARE, under subsection 28(2) of the Act, that is a security controlled airport, the boundaries of Rockhampton Airport are shown on the attached map which forms part of this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Rockhampton Airport being that area indicated as the airside area on the attached map.
This Notice commences upon publication in the Gazette.
Date: 5 April 2019
Michelle Cozadinos
Delegate of the Secretary of the
Department of Home Affairs
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
Overview
The Aviation Transport Security Act 2004 was enacted to provide for the security of aviation transport in Australia, addressing the need for robust measures to protect against acts of unlawful interference with civil aviation. The Act was introduced by the Australian Parliament to ensure the safety and security of air travel by establishing a comprehensive regulatory framework. The policy objective of the Act is to safeguard the nation's air transport system against threats, thereby protecting passengers, crew, and the public from acts of unlawful interference. This legislative instrument serves to declare Rockhampton Airport as a security controlled airport, defining its boundaries and establishing an airside area, as specified in the attached map. The revocation of a previous notice and the declaration of new security measures reflect ongoing efforts to adapt and enhance aviation security protocols in response to evolving threats.
Scope and Application
The Aviation Transport Security Act 2004 applies to all aviation security matters in Australia, including the designation of security controlled airports and airside areas, and it extends to Commonwealth jurisdiction. This legislation is instrumental in establishing the framework for ensuring the safety and security of Australia’s aviation industry. The Act applies to airports, airlines, aircraft, persons, and entities involved in the aviation industry, as well as to specific conduct and transactions that could potentially compromise aviation security. The scope of the Act is broad, covering both international and domestic flights, and it ensures that all security measures are uniformly enforced across the country. The Act allows for the declaration of security controlled airports, which are subject to stringent security regulations, and establishes airside areas that require additional security protocols. The Act’s application is further extended and specified through subordinate instruments, such as regulations and notices, which detail the specific requirements and exemptions applicable to different entities and situations. This Notice, in particular, revokes the previous declaration for Rockhampton Airport and establishes new boundaries and an airside area, reflecting the ongoing need to adapt security measures to current threats and operational realities.
Key Provisions
The Aviation Transport Security Act 2004 (the Act) includes provisions that allow for the declaration and revocation of security controlled airports and the establishment of airside areas. In this context, the Director, Transport Security Operations, Aviation and Maritime Security Division, Michelle Cozadinos, has issued a notice (NTC-15959) revoking the previous declaration of Rockhampton Airport as a security controlled airport (NTC-14731) and has now declared it as such again. The notice also establishes an airside area for Rockhampton Airport, with the boundaries of both the airport and the airside area being delineated on a map attached to the notice.
Under the Act, the obligations imposed on parties and entities governed by these provisions include adhering to the specific security measures and regulations set out for security controlled airports and airside areas. This would involve complying with all relevant security protocols and procedures to ensure the safety and security of the airport and its operations. Furthermore, any person or entity operating within these designated areas must cooperate with security personnel and comply with any instructions or directives issued by the Director or other authorised officials to maintain the security of the airport.
There are potential civil and criminal consequences for breaches of the Act’s provisions. Offences under the Act could lead to criminal penalties, including fines and imprisonment, depending on the severity of the breach. The Act does not specify the exact penalties for each offence, but the penalties for aviation-related offences can range significantly based on the nature and impact of the offence. For example, offences involving the endangering of aircraft or passengers could attract severe penalties, including lengthy imprisonment terms. It is important for all parties involved to be fully aware of their obligations and to comply strictly with the Act to avoid any legal repercussions.