Notice of Declaration of Security Controlled Airport and Airside Area – Sunshine Coast Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address security concerns within Australia's aviation sector by establishing a regulatory framework for aviation security measures. This Act was introduced by the Parliament of Australia to ensure that security measures are in place to protect passengers, crew, aircraft, and airports from acts of unlawful interference. The policy objective of the Act is to safeguard the safety and security of the Australian public and its infrastructure within the aviation sector, thereby contributing to national and international security standards. On 25 October 2019, a notice was published in the Gazette, revoking a previous notice that had designated Sunshine Coast Airport as a security controlled airport. Christine Deegan, the Director of Transport Security Operations within the Aviation and Maritime Security Division of the Department of Home Affairs, declared Sunshine Coast Airport as a security controlled airport again and established an airside area for the airport. This re-declaration and establishment of the airside area ensure that the airport maintains the required security protocols and complies with the provisions outlined in the Aviation Transport Security Act 2004.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to designated security controlled airports and their airside areas, including their boundaries, which are crucial for maintaining aviation security. The Act mandates that certain airports, including the Sunshine Coast Airport, are to be managed under strict security protocols to protect against potential threats to aviation. This declaration applies specifically to the Sunshine Coast Airport, with its boundaries and designated airside area clearly defined in the attached map. The Act's provisions are enforced by the Director, Transport Security Operations, Aviation and Maritime Security Division, who has the authority to revoke and establish such declarations as necessary. The geographic reach of the Act is national, applying to all airports within Australia that are classified as security controlled airports. While the Act broadly applies to all relevant airports and their operations, certain exclusions and exemptions may apply, and these can be further detailed in subordinate instruments. This particular Notice, revoking the previous declaration and establishing new boundaries and airside areas, comes into effect upon its publication in the Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) provides a framework for the security of aviation transport in Australia. In this context, the main operative sections include section 28(2), which allows the declaration of security controlled airports and airside areas, and section 29, which facilitates the establishment of airside areas. In the present notice, Christine Deegan, as the Director of Transport Security Operations, revokes the previous declaration of Sunshine Coast Airport as a security controlled airport (section 28(2)) and re-declares it with new boundaries (section 28(2)). Additionally, an airside area is established for Sunshine Coast Airport under section 29 of the Act, with the specific area delineated on the attached map. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates the declaration of security controlled airports and airside areas to ensure adequate security measures are in place. This declaration process, as outlined in section 28(2), requires the Director to specify the boundaries of these areas and publish the notice in the Gazette. Moreover, the establishment of an airside area, as per section 29, necessitates the identification of the specific area that falls under this designation, ensuring that security protocols are uniformly applied across designated zones. Under the Act, breaches of the established security provisions can lead to significant consequences. The Act does not explicitly state the penalties for non-compliance with the security control declarations and airside area establishment. However, the general provisions of the Act and related legislative instruments might outline various offences and penalties. These could include administrative penalties, fines, or even imprisonment, depending on the severity and nature of the breach. The precise penalties would be determined by the relevant authorities in accordance with the broader legislative framework. It is important to note that the revocation and re-declaration of a security controlled airport and the establishment of an airside area, as detailed in this notice, are legally binding and enforceable. Any entity or individual failing to comply with these provisions could face civil or criminal liability, depending on the nature and impact of their actions. This underscores the importance of adhering to the security measures and protocols established under the Act.