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

Overview

The Aviation Transport Security Act 2004 was enacted to provide for the security of aircraft, airports, and air traffic in Australia. This legislation was introduced to address the critical need for stringent security measures in the aviation sector to protect against acts of unlawful interference and to safeguard the lives and property of people involved in air transport. The Act was passed by the Parliament of Australia and its primary policy objective is to enhance the security of civil aviation by establishing a comprehensive regulatory framework. This includes the declaration of security controlled airports and the establishment of airside areas, which are crucial for implementing and enforcing security measures. The Act empowers the relevant authorities to take necessary actions to prevent security risks and ensure the safety of passengers, crew, and the general public. The notice published in the Gazette C2015G02030, dated 20 November 2015, revokes the previous declaration of Whitsunday Coast Airport as a security controlled airport and re-establishes it under the provisions of the Aviation Transport Security Act 2004. This action was taken by Robert Pugsley, a delegate of the Secretary of the Department of Infrastructure and Regional Development, to ensure that the airport continues to meet the security standards required by the Act. The notice details the boundaries of the airport and the designated airside area, which is integral for the enforcement of security protocols. This revocation and re-declaration process underscores the ongoing commitment to maintaining high security standards in Australia's aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons, entities, and activities associated with aviation transport security within Australia. Specifically, the Act governs the security of airports, aircraft, and air traffic services, ensuring that these areas are protected against threats to civil aviation. The geographic reach of the Act is national, as it applies throughout the Commonwealth of Australia. The Act includes provisions that allow the declaration and revocation of security controlled airports and the establishment of airside areas, which are regions of airports subject to specific security controls. In the context of the notice in question, Whitsunday Coast Airport has been declared a security controlled airport, and its airside area has been established, thereby subjecting the airport to stringent security regulations under the Act. The Act’s application can be extended or restricted through subordinate instruments, such as notices and declarations, as seen in the revocation and re-declaration of Whitsunday Coast Airport’s status. This notice, which revokes the previous declaration and re-declares the airport as a security controlled airport, is effective upon its publication in the Gazette and remains in force until it is revoked in writing and subsequently published in the Gazette.

Key Provisions

The primary sections of the Aviation Transport Security Act 2004 (the Act) involved in this Notice are subsections 28(2) and section 29. Subsection 28(2) provides the authority to declare an airport as a security controlled airport, while section 29 allows for the establishment of an airside area for that airport. In this instance, the Notice revokes the previous declaration (NTC-2175) regarding Whitsunday Coast Airport and declares it anew as a security controlled airport, with the boundaries of the airport and its airside area as defined in the attached map. This Notice is effective from the date of its publication in the Gazette. Under the Act, the obligations imposed on parties and entities within the security controlled airport and airside area are primarily concerned with compliance with security measures and regulations. This includes adherence to any security procedures and requirements set out by the Director of Transport Security Operations, as well as the need to cooperate with any inspections or investigations conducted by authorised personnel. Additionally, any person engaged in activities within the airside area must hold the appropriate security clearance or authorisation, as per the provisions of the Act. In the event of a breach of the Act's provisions, there are potential civil and criminal consequences. Section 140 of the Act outlines various offences, including unauthorised entry into a security controlled airport or airside area, failure to comply with security measures, and providing false or misleading information to an authorised officer. The maximum penalties for these offences vary, with fines and imprisonment being the most severe consequences. For example, an individual found guilty of entering a security controlled airport or airside area without authorisation may face a fine of up to $16,500 or imprisonment for up to two years, or both. Additionally, corporate entities may also be subject to penalties, with fines of up to $82,500 applicable in certain circumstances. It is essential for all parties and entities governed by the Act to be aware of these obligations, requirements, and potential consequences to ensure compliance and maintain the security of Australian airports.