Notice of Declaration of Security Controlled Airport and Establishment of Airside Area - Brisbane West Wellcamp Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the critical need for stringent security measures at airports in Australia, aiming to protect the nation's aviation infrastructure from terrorist threats and other security risks. The Act was introduced by the Australian Parliament with the policy objective of enhancing the security of air transport, particularly at airports designated as security controlled airports. This legislation empowers the Director, Transport Security Operations, to declare specific airports as security controlled, thereby enabling the establishment of stringent security measures within these areas. On 14 May 2018, Jacqui Ireland, as a delegate of the Secretary of the Department of Home Affairs, issued a notice to revoke the previous declaration of Brisbane West Wellcamp Airport as a security controlled airport, which had been established by a notice published in the Gazette on 25 October 2017. This revocation was followed by a new declaration under the provisions of the Act, reinstating Brisbane West Wellcamp Airport as a security controlled airport and defining its boundaries and airside area through an attached map. This notice, which took effect upon its publication in the Gazette, aims to ensure that appropriate security protocols are maintained at this airport to safeguard against potential threats to aviation security.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity engaged in activities related to aviation transport within Australia. This encompasses airlines, airports, and other entities involved in the airside area of airports, including Brisbane West Wellcamp Airport. The Act sets out the legal framework for aviation security measures, including the designation of security controlled airports and the establishment of airside areas. The geographic reach of this Act is national, extending to all airports in Australia, and it is applicable to all Commonwealth, state, and territory airports. The Act provides the authority to declare certain airports as security controlled, which is a process that imposes specific security obligations on those airports. This includes requirements for security clearances, access controls, and the implementation of security measures. In the case of Brisbane West Wellcamp Airport, the Notice of Declaration of Security Controlled Airport revokes a previous notice and establishes the airport as a security controlled airport, with its airside area defined on the attached map. The application of the Act can be extended or restricted through subordinate instruments, which may include regulations and other detailed provisions that further define the obligations and requirements under the Act. These subordinate instruments provide additional guidance and specifications that support the implementation of the security measures outlined in the primary legislation.

Key Provisions

The main operative sections of this notice include the revocation of the previous declaration regarding Brisbane West Wellcamp Airport as a security controlled airport (subsection 28(2)), the declaration of the airport as a security controlled airport, and the establishment of an airside area for the airport (section 29). The attached map, which forms part of this notice, shows the boundaries of the airport and the airside area. The notice revokes the previous declaration (Notice NTC-13951) and re-establishes the airport as a security controlled airport, along with defining the boundaries and airside area. This ensures the airport adheres to the security measures required under the Aviation Transport Security Act 2004. The obligations and requirements imposed by this Act on the parties or entities governed by it include adherence to the security measures specified in the Act. These measures are designed to protect the airport and its operations from potential security threats. As a security controlled airport, Brisbane West Wellcamp Airport must comply with the provisions of the Act, including implementing security protocols and measures as prescribed. The airside area, which is specifically designated in the notice, must be secured and monitored to prevent unauthorised access, ensuring the safety and security of the airport and its operations. Any breach of the obligations and requirements under this Act may lead to offences, penalties, or civil and criminal consequences. The Act provides for penalties for non-compliance, which can include fines and imprisonment. While the exact penalties are not specified in this particular notice, the Aviation Transport Security Act 2004 generally includes provisions for substantial fines and imprisonment terms for breaches of security protocols. These penalties serve as a deterrent against non-compliance and ensure that the security measures are strictly enforced to protect the airport and its operations.