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

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports to protect against acts of unlawful interference with civil aircraft. This Act was introduced by the Parliament of Australia, aiming to ensure the security of the national aviation transport system, thereby protecting passengers, crew, and the public from terrorist attacks and other security threats. One of the mechanisms provided by the Act is the ability to designate specific airports as "security controlled airports" and define their associated airside areas, which are subject to heightened security regulations. This legislative framework allows for the dynamic adaptation of security measures in response to evolving threats, ensuring the safety and security of the aviation environment. The revocation and re-declaration of Sunshine Coast Airport as a security controlled airport, as seen in the Notice of Declaration of Security Controlled Airport and Airside Area, exemplifies the application of the Act. This action, carried out by Roger Lonie, the Acting Regional Director of Transport Security Operations, serves to either adjust or reaffirm the security status of the airport, reflecting changes in threat assessments or operational requirements. The boundaries and specific areas of control are detailed in the attached map, which forms part of the notice, ensuring clarity and specificity in the application of security measures. This legislative and administrative process is vital for maintaining the integrity of Australia's aviation security regime.

Scope and Application

The Aviation Transport Security Act 2004 applies to the security of civil aviation within Australia and specifically concerns the designation and regulation of security controlled airports and their airside areas. This Act provides the legal framework for the declaration of such areas to ensure the security of aviation transport. The declaration under the Act pertains to the Sunshine Coast Airport, identifying it as a security controlled airport and establishing its airside area as indicated on the attached map. The application of this Act extends to persons, entities, and industries involved in aviation activities at designated security controlled airports, imposing certain obligations and restrictions on their conduct and transactions within the specified airside areas. The geographic reach of this Act is national, as it is a Commonwealth legislation, thereby applying across all states and territories of Australia. The Act may be further extended or restricted through subordinate instruments, which can detail specific security measures or operational protocols for designated airports. However, the primary scope of this particular declaration is limited to the Sunshine Coast Airport and its airside area, with no stated exclusions or exemptions in this specific notice, though the broader Act may include provisions for such matters. This declaration and its boundaries are clearly outlined in the Gazette and remain in force until revoked in writing and upon subsequent publication in the Gazette.

Key Provisions

The key provisions of the notice involve the revocation and declaration of the status of Sunshine Coast Airport under the Aviation Transport Security Act 2004 (the Act). Specifically, section 28(2) of the Act is utilised to revoke the previous declaration (Notice s28/2009029) that designated Sunshine Coast Airport as a security controlled airport, which was published in Gazette GN 41 on 21 October 2009. Concurrently, the same section is used to declare that Sunshine Coast Airport is now a security controlled airport, with the boundaries of this airport as defined on the attached map. Moreover, section 29 of the Act is invoked to establish an airside area for Sunshine Coast Airport, also delineated on the attached map. This notice becomes effective upon its publication in the Gazette. Under the Act, the obligations imposed on the parties or entities governed by this notice include ensuring compliance with the security measures and regulations pertinent to a security controlled airport. This entails adherence to stringent security protocols to safeguard against potential threats to aviation security. The declaration and establishment of boundaries and airside areas are critical for the implementation of these security measures, ensuring that all relevant areas within and around Sunshine Coast Airport are appropriately monitored and secured. The Act also delineates the consequences of non-compliance with its provisions. Any breaches of the security protocols and regulations established for a security controlled airport can lead to various civil or criminal penalties. While the specific penalties are not detailed in the notice, the Act generally provides for significant consequences to deter violations. These may include substantial fines or even imprisonment, depending on the severity and nature of the breach. The precise penalties would be determined in accordance with the relevant sections of the Act and the judicial discretion applied in individual cases. Additionally, the notice explicitly states that it remains in force until it is revoked in writing and subsequently published in the Gazette. This ensures that any changes to the status of Sunshine Coast Airport as a security controlled airport are properly documented and communicated, maintaining clarity and legal certainty for all parties involved. The attached map, forming part of this notice, is crucial for delineating the exact boundaries and areas subject to the Act’s provisions, thereby facilitating effective enforcement and compliance.