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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to provide for the security of aviation transport, and it addresses the need for stringent security measures at airports to protect against acts of unlawful interference with civil aircraft and to ensure the safety and security of air passengers, crew, and the public. This legislation establishes a regulatory framework to enforce security controls at designated airports, ensuring that the operations within these areas meet the required security standards to prevent potential threats. The Act empowers the Minister for Infrastructure and Transport to declare specific areas as "security controlled airports" and "airside areas", where enhanced security measures are enforced. The declaration by Robert Pugsley, Director, Transport Security Operations, Office of Transport Security, revoking the previous declaration of Roma Airport as a security controlled airport and re-establishing it under the Act, exemplifies the ongoing commitment to maintaining the security of aviation transport in Australia. This re-declaration was made to ensure that Roma Airport complies with the necessary security protocols, thereby safeguarding the interests of passengers and the integrity of the nation's aviation infrastructure. The policy objective of the Act is to mitigate the risk of unlawful interference with civil aircraft and to provide a secure environment for the aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 applies to a range of persons and entities involved in aviation transport activities, particularly those operating within the airside areas of security controlled airports. The Act establishes the framework for aviation security measures, including the declaration and management of security controlled airports and their airside areas. This includes responsibilities for airport operators, air carriers, and other relevant stakeholders in ensuring compliance with security regulations. The geographic and jurisdictional reach of the Act is national, as it is a Commonwealth Act, applying across Australia. The Act provides for the declaration of security controlled airports, such as Roma Airport, as well as the establishment of airside areas within these airports, which are subject to heightened security measures. The revocation of a previous declaration and the establishment of a new airside area, as exemplified in the notice for Roma Airport, illustrate the Act's ability to adapt and update security measures through subordinate instruments. Exclusions or exemptions from the Act's provisions are not specified in the notice but would typically be detailed in the Act itself or through other legislative instruments. This notice, which revokes a prior declaration and establishes new boundaries for Roma Airport's airside area, demonstrates the Act's ongoing application and the authority of the Director, Transport Security Operations to modify security controlled areas as needed.

Key Provisions

The notice, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), revokes the previously issued Notice A05160 that had designated Roma Airport as a security controlled airport. This revocation is effective from the date of publication of this notice in the Gazette, as stated in Notice of Declaration of Security Controlled Airport and Airside Area – Roma Airport. The Act now declares Roma Airport as a security controlled airport, with the specific boundaries of the airport being detailed in the attached map, which is an integral part of this notice. Additionally, an airside area for Roma Airport is established under section 29 of the Act, with the area being delineated on the accompanying map. This declaration and establishment take effect upon the publication of the notice in the Gazette. The Act imposes several obligations on the parties and entities it governs. Firstly, the declaration of Roma Airport as a security controlled airport mandates that stringent security measures must be implemented to safeguard the airport and its airside area. This includes compliance with security protocols and procedures outlined in the Act, ensuring the safety and security of all persons and property within these designated areas. Additionally, the establishment of the airside area requires specific security measures to be enforced, protecting against unauthorised access and potential threats to aviation security. Failure to comply with the provisions of the Act may result in various consequences. Under the Act, breaches of security protocols can lead to both civil and criminal penalties. Civil penalties can include fines, and in severe cases, criminal charges may be pursued, leading to imprisonment. The Act does not specify maximum penalties within the notice itself, but the severity of the penalty will depend on the nature and extent of the breach, as well as any previous violations. It is crucial for all relevant parties to adhere strictly to the security requirements to avoid these repercussions. In summary, the notice revokes the previous designation of Roma Airport as a security controlled airport, declares it as such with specified boundaries, and establishes an airside area. The Act imposes stringent security obligations on the airport and its airside area, with potential civil and criminal penalties for non-compliance. The notice is effective from the date of its publication in the Gazette, and it remains in force until further revocation.