Notice of Declaration of Security Controlled Airport and Airside Area - Wynyard Aerodrome (Burnie Airport)

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures within Australia's aviation sector, ensuring the safety and security of passengers, aircraft, and the broader aviation infrastructure. This Act was introduced by the Australian Parliament, reflecting a national policy objective to enhance security protocols in response to evolving threats to aviation safety and to comply with international aviation security standards. The Act establishes the legal framework for the implementation and enforcement of security measures at designated airports, including the designation of security controlled airports and the establishment of airside areas where heightened security controls are necessary. This notice, issued under the authority of the Act, specifically revokes the previous declaration of Burnie Airport as a security controlled airport and re-declares Wynyard Aerodrome, commonly known as Burnie Airport, as a security controlled airport. The notice also establishes an airside area for the airport, as defined on the attached map, which will be subject to enhanced security measures. This action is taken by Colin Sievers, the Acting Regional Director, Transport Security Operations, on behalf of the Secretary of the Department of Infrastructure and Regional Development, and it comes into effect upon publication in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals within the scope of aviation security, particularly focusing on designated security controlled airports and their airside areas. This Act is of national jurisdiction and applies across the Commonwealth of Australia. It mandates stringent security measures to be implemented at airports identified as security controlled to safeguard against potential threats to aviation security. The Act applies to entities such as airlines, airport operators, and other aviation service providers, as well as individuals like airport staff and security personnel who operate within the airside areas of these airports. The geographic reach of the Act is nationwide, covering all airports that are declared as security controlled under the Act. The revocation of a previous declaration and the establishment of new boundaries for Wynyard Aerodrome (Burnie Airport) as a security controlled airport exemplifies the Act's flexibility to adjust the scope of its application. The Act also provides for the establishment of airside areas through subordinate instruments, thereby extending its application to specific areas within the airport premises. Exclusions and exemptions from the Act’s provisions are generally limited and subject to the specific security requirements outlined within the Act itself.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions that allow for the declaration and revocation of security controlled airports, as well as the establishment of airside areas. Section 28(2) of the Act empowers the Acting Regional Director to revoke and declare security controlled airports, which has been exercised in the case of Burnie Airport (also known as Wynyard Aerodrome). The Acting Regional Director has revoked the previous declaration and made a new declaration under the same section, establishing Burnie Airport as a security controlled airport with its boundaries detailed on an attached map. Additionally, section 29 of the Act has been used to establish an airside area for the airport, the limits of which are also indicated on the attached map. These declarations and establishment are effective as of the notice's publication in the Gazette, dated 27 November 2014. The Act imposes several obligations on the parties and entities it governs, particularly in relation to the security of aviation transport. For a declared security controlled airport such as Burnie Airport, these obligations include ensuring that appropriate security measures are implemented and maintained to protect against acts of unlawful interference. This encompasses the enforcement of security protocols, the management of access to the airside area, and the coordination with relevant authorities to safeguard the airport's operations. Furthermore, the Act requires that these obligations are consistently adhered to, with any necessary measures being taken to address potential security threats effectively. Failure to comply with the provisions of the Act can result in various consequences, including both civil and criminal penalties. Offences under the Act can lead to significant fines; for instance, individuals who engage in acts of unlawful interference with aviation security can face fines of up to $275,000, while corporations can incur fines of up to $1.375 million. Additionally, individuals may face imprisonment for up to 10 years for serious offences, reflecting the gravity with which the Act treats breaches of aviation security. These penalties are designed to deter non-compliance and to ensure that stringent security measures are upheld to protect the integrity of Australia's aviation system.