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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports to protect against potential threats to aviation safety and security. This legislation was introduced to ensure that adequate security protocols are in place at airports, particularly those designated as security controlled airports, to safeguard against terrorism and other security risks. The enactment of this Act was overseen by the Parliament of Australia, reflecting the federal government's commitment to maintaining secure air transport infrastructure. The policy objective underpinning the Act is to enhance the security of the national aviation system, thereby protecting passengers, crew, and the general public from potential threats. This Act plays a crucial role in establishing and regulating security measures at airports, including the designation of specific areas within airports as security controlled zones. The 2013 declaration concerning Roma Airport under this Act exemplifies the ongoing commitment to identifying and securing critical areas within Australian airports. By revoking the previous declaration and issuing a new one, the Department of Infrastructure and Transport reaffirms its dedication to maintaining stringent security controls at designated airports, ensuring that these areas are adequately protected against potential security threats. This ongoing process highlights the Act's role in adapting to the evolving security landscape and ensuring that the necessary measures are in place to protect the integrity of Australia's aviation system.

Scope and Application

The Aviation Transport Security Act 2004, as amended by the notice A05160, applies to Roma Airport, which has been re-designated as a security controlled airport. This legislation governs the security measures and controls that must be implemented within the specified airside areas of the airport. The act applies to any person or entity involved in airport operations, including airlines, airport operators, and other stakeholders. Its jurisdictional reach is national, as it is a Commonwealth Act, thereby extending its application across Australia. Notably, this act does not specify any exclusions, exemptions, or thresholds within the text of the notice. However, it is likely that further regulations and subordinate instruments could extend or restrict the application of the Act by detailing specific operational requirements, compliance standards, or particular circumstances under which the act's provisions are invoked or waived. This re-designation of Roma Airport as a security controlled airport and the establishment of the airside area, as outlined in the notice, ensures that stringent aviation security protocols are uniformly enforced across all Commonwealth-regulated airports in Australia.

Key Provisions

The primary operative sections of the Aviation Transport Security Act 2004, as evidenced by Notice A05160, include sections 28(2) and 29. Section 28(2) allows for the declaration of an airport as a security controlled airport and the establishment of an airside area, while section 29 mandates the specification of the boundaries of the airside area. Notice A05160 revokes the previous declaration (Notice A03762) and establishes new boundaries for Roma Airport, declaring it a security controlled airport and defining the airside area using an attached map. This notice, once published in the Gazette, becomes effective immediately. The Act imposes several obligations and requirements on the parties and entities it governs. The General Manager of Transport Security Operations, in this case Pauline Margaret Sullivan, is tasked with the responsibility of declaring Roma Airport as a security controlled airport and establishing the airside area boundaries. This is done under the authority granted by sections 28(2) and 29 of the Act. These sections ensure that the designated areas are clearly defined and that the airport meets the security standards necessary to protect against potential threats. Breaches of the obligations and requirements set out in the Act can lead to various consequences. While specific offences and penalties are not detailed in Notice A05160, the Act generally provides for both civil and criminal penalties. For example, under the Act, an offence of unauthorised access to a security controlled airport could result in a fine of up to $22,200 for an individual or significantly higher for a corporation. Additionally, failure to comply with the security requirements could result in criminal charges, which may include imprisonment. These penalties underscore the importance of adhering to the Act’s provisions to maintain the integrity of aviation security.