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 provide a legislative framework for aviation security, thereby addressing the need for stringent security measures to protect against threats to civil aviation. This Act was developed in response to the global need for enhanced security protocols within the aviation sector, especially following the rise in terrorist activities targeting air travel. The policy objective of the Act is to ensure the safety and security of passengers, aircraft, and airport facilities through the establishment of security measures, including the declaration of security controlled airports and the establishment of airside areas. The enacting body for this legislation is the Australian Parliament, reflecting its commitment to safeguarding national and international air transport systems. This specific notice, issued by Michelle Cozadinos, the Director of Transport Security Operations, under subsection 28(2) of the Act, revokes a previous declaration concerning Broome International Airport and re-establishes it as a security controlled airport, alongside the definition of its airside area. This re-declaration aims to ensure that the airport complies with the necessary security protocols as stipulated in the Act, thereby maintaining the high standards of aviation security required to protect both domestic and international flights.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to various entities and individuals involved in the aviation industry, specifically those operating at airports designated as security controlled airports under the Act. This includes airlines, aircraft operators, and individuals working within the designated airside areas of these airports. The Act also applies to the Commonwealth government, which is responsible for regulating and enforcing aviation security measures. The geographic reach of the Act extends to all airports in Australia, whether they are classified as security controlled airports or not. The Act’s provisions are applicable across the Commonwealth, including the states, territories, and external territories of Australia. Notably, the Act does not specify any exclusions, exemptions, or thresholds in the provided notice regarding Broome International Airport. However, the Act allows for the extension or restriction of its application through subordinate instruments, which may include regulations and other legislative instruments that provide further detail on the enforcement and compliance requirements under the Act. This notice, which revokes a previous declaration and establishes the security-controlled status and airside area for Broome International Airport, demonstrates the Act’s ability to adapt to changes in aviation security needs by modifying the designated areas and statuses as necessary.

Key Provisions

Under the Aviation Transport Security Act 2004, section 28(2) empowers the Director of Transport Security Operations to declare an airport as a security controlled airport. In the current Notice NTC-15842, the Director, Michelle Cozadinos, revokes the previous declaration (NTC-15116) that designated Broome International Airport as a security controlled airport, as published in the Gazette on 19 September 2018. Instead, a new declaration is made under the same subsection, specifying that Broome International Airport is now a security controlled airport with its boundaries defined in the attached map, which forms part of this notice. Furthermore, section 29 of the Act is invoked to establish an airside area for Broome International Airport, demarcated on the accompanying maps. The obligations imposed by this Act on the parties and entities governed include ensuring compliance with security protocols within the newly declared security controlled airport and airside area. This involves adherence to stringent measures designed to safeguard the airport against potential threats. Personnel, including airport staff, airlines, and contractors, are required to implement and follow the security protocols set out by the Act. These protocols are intended to maintain the integrity of the aviation security framework and protect the public from potential security risks. Failure to comply with the provisions of the Act may result in various consequences. Section 32 of the Act outlines the potential criminal and civil penalties for breaches. For instance, a person who contravenes a direction made under the Act can be liable to a fine of up to 200 penalty units, which as of 2023 amounts to AUD 22,000. Additionally, under section 33, an officer of an airline who contravenes certain provisions of the Act can be fined up to 500 penalty units, equating to AUD 55,000. These penalties underscore the seriousness with which the Act treats non-compliance and aim to enforce adherence to the stipulated security measures.