Notice of Declaration of Security Controlled Airport and Establishment of Airside Area - Archerfield Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at Australian airports to protect against acts of unlawful interference with civil aviation. This Act was passed by the Parliament of Australia, with a clear policy objective to enhance the security of the aviation sector, thereby ensuring the safety of passengers and maintaining the integrity of the air transport system. The Act provides the legal framework for the implementation of security measures, including the designation of security controlled airports and the establishment of airside areas. The recent revocation and re-declaration of Archerfield Airport as a security controlled airport, as detailed in Notice NTC-14027 published in the Gazette on 4 September 2018, reflects ongoing efforts to adapt and reinforce security protocols in response to evolving threats. This reclassification underscores the commitment to maintaining high standards of aviation security within Australia.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to security controlled airports, including Archerfield Airport, as specified in the notice. The Act governs the security of air transport and applies to entities and individuals operating within the defined boundaries of security controlled airports, which are established to protect against threats to civil aviation. The Act's jurisdictional reach is national, with the Commonwealth responsible for the overarching security framework. The revocation of the previous notice and the subsequent declaration of Archerfield Airport as a security controlled airport, alongside the establishment of its airside area, reaffirms the Commonwealth's commitment to maintaining stringent security measures at designated airports. This legislative framework extends its application through subordinate instruments that define detailed security protocols and operational standards, ensuring compliance with the overarching objectives of the Act.

Key Provisions

The main operative sections of this Notice, published under the Aviation Transport Security Act 2004, involve the revocation of a previous notice and the declaration of Archerfield Airport as a security controlled airport, as well as the establishment of an airside area at this airport (subsections 28(2) and 29). Notice NTC-14027, which had previously declared Archerfield Airport as a security controlled airport, is revoked and replaced with this new Notice. The new Notice sets out the specific boundaries of the airport and the airside area through an attached map, which forms an integral part of the Notice. The obligations imposed by this Notice on parties or entities governed by the Act are primarily administrative and procedural. The Acting Director, Transport Security Operations, is tasked with ensuring that the new boundaries and the airside area are clearly defined and communicated. This includes maintaining and updating the map attached to the Notice to reflect any changes to the airport’s layout or operations. Furthermore, the Notice mandates that all activities within the declared airside area comply with the security requirements stipulated under the Act. The Notice also delineates the airside area of Archerfield Airport, which is subject to heightened security measures. This area, as marked on the attached map, must be secured to prevent unauthorised access and to protect against potential security threats. The declaration and mapping of the airside area ensure that all stakeholders, including airlines, ground handlers, and security personnel, are aware of the specific zones that require stringent security protocols. In terms of consequences for non-compliance, the Act itself provides for various offences and penalties. Breaches of security requirements at a security controlled airport can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal offences could result in imprisonment, with the severity of the penalty depending on the nature and extent of the breach. The maximum penalties are detailed in the Act but are not explicitly stated in this Notice. The Notice remains in effect until it is formally revoked and published in the Gazette. This ensures that the regulatory framework governing Archerfield Airport’s security measures is up-to-date and reflects any necessary changes to the airport’s operational or security requirements.