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

Overview

The Aviation Transport Security Act 2004 was enacted to address the growing need for enhanced security measures in aviation transport in Australia, particularly in light of the increasing global threat of terrorism and other security risks. The Act was introduced by the Australian Parliament to establish a robust framework for securing air transport and ensuring the safety of passengers, crew, and aircraft. The overarching policy objective of the Act is to safeguard the integrity of the aviation system by imposing stringent security requirements on designated airports and aircraft. On 20 February 2017, a notice was published in the Gazette (No. C2017G00216) by Michael Rowe, the Director of Transport Security Operations within the Office of Transport Security, declaring Sydney Airport as a security controlled airport and establishing an airside area within its boundaries. This declaration was made under subsection 28(2) of the Act, effectively revoking the previous notice (NTC-2024) that had been published on 3 July 2014 (Gazette No. C2014G01085). The attached maps indicating the boundaries of the airport and the airside area form part of this notice, which remains in force until revoked in writing and upon subsequent publication in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and persons involved in the operation and use of Australian airports, ensuring stringent security measures are in place to protect against threats to civil aviation. This Act encompasses all security controlled airports, which are designated through notices published in the Commonwealth of Australia Gazette, and their associated airside areas. Sydney Airport, as per the Notice NTC-12802 issued on 20 February 2017, is identified as a security controlled airport under the Act, with specific boundaries defined for its airside area. The geographic reach of this Act is national, applying across all states and territories within Australia. The Act extends its application through subordinate instruments, allowing for the declaration and revocation of security controlled airports and the establishment of airside areas, as demonstrated by the revocation of Notice NTC-2024 and the subsequent declaration of Sydney Airport. This regulatory framework is essential for maintaining high standards of aviation security throughout the country.

Key Provisions

The main operative sections of this legislation include the revocation of a previous notice (NTC-2024) that declared Sydney Airport as a security controlled airport (subsection 28(2)). This revocation is followed by the declaration of Sydney Airport as a security controlled airport under the same subsection 28(2) of the Aviation Transport Security Act 2004 (the Act). Additionally, the Act establishes an airside area for Sydney Airport, as per section 29, with the boundaries clearly delineated on attached maps. This new declaration and establishment of the airside area takes effect from the date of publication in the Gazette. The Act imposes several obligations on parties and entities governed by it. These include compliance with the newly established security controls for Sydney Airport as outlined in the Act. The Director, Transport Security Operations, is tasked with ensuring that all security measures and protocols are adhered to within the declared airside area. This includes maintaining the security perimeter, conducting regular security assessments, and ensuring that all personnel and entities operating within the airport comply with the security regulations. The establishment of the airside area also means that additional security measures and protocols will be in place to protect against potential threats. Failure to comply with the provisions of the Act can result in various consequences. Offences under the Act may lead to criminal charges, with penalties that can include fines and imprisonment. For instance, section 306 of the Act stipulates that knowingly or recklessly contravening any provision of the Act can result in a fine of up to $16,500 for an individual or $82,500 for a body corporate, or imprisonment for up to two years, or both. Furthermore, the Act also allows for civil remedies where damages or other relief may be sought for breaches of the Act. The severity of the penalties underscores the importance of adhering to the security measures and protocols established by the Act.