Notice of Declaration of Security Controlled Airport and Airside Area - Tennant Creek Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at Australian airports, ensuring the safety and security of the national aviation system. This Act was introduced by the Australian Parliament, aiming to establish a comprehensive framework for aviation security that includes the declaration of security controlled airports and the delineation of airside areas. The policy objective of the Act is to protect the aviation transport system from acts of unlawful interference, thereby safeguarding passengers, crew, and the general public. The Act provides the necessary legislative basis for the Department of Infrastructure and Transport to declare airports as security controlled, as seen in the revocation and subsequent declaration of Tennant Creek Airport as a security controlled airport and the establishment of its airside area. This ensures that appropriate security measures are in place to mitigate potential risks and maintain the integrity of the aviation security system.

Scope and Application

The Aviation Transport Security Act 2004 applies to a broad range of entities, including persons and organisations involved in the operation and management of airports and aircraft, as well as those engaged in activities that affect aviation security. This legislation is of Commonwealth jurisdiction, meaning it applies nationally across Australia and is enforced by the Commonwealth Government. The Act covers various aspects of aviation security, including the establishment and management of security controlled airports and their airside areas, and sets out obligations and penalties for non-compliance. In the case of Tennant Creek Airport, the Act provides the authority to declare it as a security controlled airport and to establish its airside area. This declaration is subject to the provisions of the Act and can be revoked or modified through subsequent notices published in the Gazette. The Act's application may be extended or restricted through subordinate instruments, which could include regulations or orders that provide further detail on the implementation and enforcement of the Act’s provisions. However, any exclusions, exemptions, or thresholds within the Act itself are not explicitly mentioned in this particular Notice regarding Tennant Creek Airport.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) governs the security of aviation transport in Australia. Section 28(2) of the Act empowers the Regional Director, Transport Security Operations, to declare an airport as a security controlled airport, as evidenced in Notice A00023 dated 6 March 2013. This notice, signed by John David Raphael Moody, revokes the previous declaration of Tennant Creek Airport as a security controlled airport, as published in the Gazette (No. GN 29, 28 July 2010), and re-declares it under the new parameters specified in the notice. Additionally, section 29 of the Act allows the establishment of an airside area for Tennant Creek Airport, as detailed on the attached map. Under the Act, the obligations imposed on parties and entities governing Tennant Creek Airport include adherence to the security measures and regulations outlined by the Transport Security Operations. These obligations mandate that all personnel and entities operating within the security controlled airport and the designated airside area comply with the security protocols established by the Department of Infrastructure and Transport. Compliance is necessary to ensure the safety and security of aviation transport, and this includes measures such as access control, surveillance, and the implementation of security procedures. The Act delineates various offences and penalties for breaches of its provisions. For instance, unauthorised access to a security controlled airport or the airside area can result in both criminal and civil penalties. Under section 34, an individual found guilty of contravening the Act may be subject to a maximum penalty of 10 years imprisonment, a fine of up to $210,000, or both, for more serious offences. Additionally, corporations may face fines of up to $1,050,000 for breaches of the Act. These penalties underscore the seriousness with which the legislation treats the security of aviation transport and the importance of compliance with its provisions.