Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Broome International Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at Australian airports to safeguard against acts of unlawful interference. This Act was passed by the Parliament of Australia and seeks to protect the aviation industry by ensuring that adequate security measures are in place. The Act provides a framework for the regulation of security at airports and on aircraft. One of the key objectives of the Act is to establish and enforce security controls at designated airports to prevent acts that could jeopardise the safety of air transport. This includes the declaration of airports as security controlled airports and the establishment of airside areas where heightened security measures are enforced. The Act empowers the Secretary of the Department of Home Affairs to make declarations and establish airside areas through formal notices, ensuring that security protocols are properly implemented and monitored.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities, including operators of aircraft and persons who provide services at an airport, and extends to the security of aviation transport within Australia and its territories. The Act provides for the security control of airports and the establishment of airside areas, which are defined as areas of an airport that are accessible only to authorised persons. The scope of the Act includes both physical security measures and procedural requirements to protect against acts of unlawful interference with civil aviation. The Act applies nationally, with its provisions enforced by the Department of Home Affairs through subordinate instruments and notices. The Act does not apply to certain small airports unless they are specifically declared as security controlled airports through a notice in the Commonwealth of Australia Gazette. Broome International Airport has been declared as a security controlled airport, with the boundaries and airside area established through this Notice, which revokes a previous notice and sets out the specific areas under security control. This Notice is effective from the date of its publication in the Gazette and remains in force until revoked by a subsequent notice.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) encompasses various provisions concerning the security of aviation transport. Section 28(2) of the Act allows for the declaration of airports as security controlled airports, while section 29 pertains to the establishment of airside areas. In the notice published in the Gazette (NTC-18352), Broome International Airport was declared a security controlled airport, and its boundaries were specified. However, this notice has been revoked by a subsequent declaration (NTC-19243) that re-establishes Broome International Airport as a security controlled airport with updated boundaries and an airside area, as shown on the attached maps. Under the Act, the obligations for security controlled airports include adherence to stringent security measures to protect against threats to civil aviation. The declaration of an airport as a security controlled airport mandates the implementation of specific security protocols, ensuring the safety of passengers, aircraft, and airport staff. These measures include controlled access to the airside area, which is the part of the airport where aircraft are serviced, and where passengers are processed before boarding or after disembarking. Failure to comply with the security requirements outlined in the Act may result in legal consequences. The Act imposes both civil and criminal penalties for breaches. Civil penalties can include fines, while criminal penalties may involve imprisonment. The maximum penalties for offences under the Act depend on the severity of the breach and can include fines of up to $275,000 for corporations and $55,000 for individuals, as well as potential imprisonment for up to five years. The Act also provides for the enforcement of these penalties by authorised officers, who have the power to issue infringement notices and to bring proceedings in the Federal Circuit and Family Court of Australia. The revocation of the previous notice and the establishment of new boundaries and an airside area for Broome International Airport emphasise the importance of maintaining up-to-date security measures. The declaration ensures that the airport continues to meet the necessary security standards required by the Act, thereby safeguarding the aviation transport system. Compliance with the Act is crucial for all parties involved, including airport operators, airlines, and passengers, to ensure the continued safety and security of air travel.