Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Brisbane Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address critical security concerns within the aviation sector, aiming to safeguard air transport and passengers against threats. This legislative framework is essential in maintaining the integrity and safety of Australia's aviation infrastructure. The Act was introduced to fill a significant gap in security protocols, ensuring that airports and aircraft are adequately protected against acts of unlawful interference. The policy objective of the Act is to establish a robust security regime that aligns with international standards and best practices, thereby protecting Australia's aviation interests. The 2019 notice by Christine Deegan, the Director of Transport Security Operations, demonstrates the Act's ongoing application and adaptability in response to changing security landscapes, as evidenced by the revocation and subsequent re-declaration of Brisbane Airport as a security controlled airport.

Scope and Application

The Aviation Transport Security Act 2004 applies to entities and individuals involved in the aviation industry, including airlines, airports, and other entities that provide services or facilities at airports. It extends to conduct and transactions that take place within the defined airside areas of security controlled airports. The Act operates at the Commonwealth level, with its provisions applying nationally across Australia. Exemptions and exclusions are detailed in the Act and may also be specified through subordinate instruments. The declaration made by Christine Deegan, Director of Transport Security Operations, under section 28(2) of the Act, revoked the previous notice that had designated Brisbane Airport as a security controlled airport and established a new airside area. This revocation and re-establishment of the airside area indicates that the Act allows for the adjustment and specification of security measures at airports through administrative actions, ensuring that security protocols remain current and effective. The boundaries of the airside area are detailed in the attached map, which forms part of this notice, and this declaration is effective from the date of publication in the Gazette.

Key Provisions

The key operative sections of this piece of legislation are sections 28 and 29 of the Aviation Transport Security Act 2004. Section 28(2) allows the Director, Transport Security Operations, Aviation and Maritime Security Division to revoke a previous notice that declared an airport as a security controlled airport, and to declare a new one. In this case, Notice NTC-15770, which had previously declared Brisbane Airport as a security controlled airport, has been revoked, and a new notice has been issued under section 28(2) of the Act to declare Brisbane Airport as a security controlled airport. Section 29 of the Act allows the Director to establish an airside area for a security controlled airport, and this is what has been done here for Brisbane Airport. The map attached to this notice indicates the boundaries of the airside area. The obligations and requirements imposed by the Act on the parties or entities it governs are related to ensuring the security of aviation transport. The declaration of an airport as a security controlled airport and the establishment of an airside area are essential steps in implementing and enforcing aviation security measures. The Director, Transport Security Operations, Aviation and Maritime Security Division is responsible for ensuring that these measures are in place and effective. The Act also imposes obligations on airlines, airport operators, and other relevant parties to comply with the security requirements set out in the Act and its regulations. The Aviation Transport Security Act 2004 includes provisions for offences, penalties, and civil/criminal consequences for breach. Section 19 of the Act makes it an offence to contravene any provision of the Act or its regulations, and the maximum penalty for an individual is a fine of up to $22,200 or imprisonment for up to five years, or both. For a body corporate, the maximum penalty is a fine of up to $111,000. Section 20 of the Act also provides for civil penalties, including fines of up to $11,100 for individuals and $55,500 for bodies corporate, for breaches of certain provisions of the Act or its regulations. In addition, section 21 of the Act makes it an offence to engage in conduct that constitutes an act of interference with aviation security, with a maximum penalty of imprisonment for up to ten years. In summary, the key provisions of this legislation involve the declaration of Brisbane Airport as a security controlled airport and the establishment of an airside area, in accordance with sections 28 and 29 of the Aviation Transport Security Act 2004. The Director, Transport Security Operations, Aviation and Maritime Security Division is responsible for ensuring that these measures are in place and effective, and there are obligations and requirements for relevant parties to comply with the security requirements set out in the Act and its regulations. Breaches of the Act or its regulations may result in criminal or civil penalties, with maximum penalties of up to $22,200 or imprisonment for up to five years for individuals, and up to $111,000 for bodies corporate.