NTC-17143
Aviation Transport Security Act 2004
NOTICE OF DECLARATION OF SECURITY CONTROLLED AIRPORT AND ESTABLISHMENT OF AIRSIDE AREA – COFFS HARBOUR AIRPORT
I, CHRISTINE DEEGAN, Director, Transport Security Operations, Aviation and Maritime Security Division:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), Notice NTC-15923 which declared Coffs Harbour Regional Airport as a security controlled airport as published in the Gazette (C2019G00379, 24 April 2019).
DECLARE, under subsection 28(2) of the Act, that Coffs Harbour Airport is a security controlled airport, the boundaries of Coffs Harbour Airport are shown on the attached map which forms part of this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Coffs Harbour Airport being that area indicated as the airside area on the attached map.
This Notice commences upon publication in the Gazette.
Date: 25 October 2019
Christine Deegan
Director - Regulatory Assessments
Delegate of the Secretary of the
Department of Home Affairs
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette
Overview
The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures in the aviation sector, aiming to protect passengers, crew, and aircraft from potential security threats. The Act establishes a comprehensive framework for aviation security, ensuring that security measures are consistently applied across all airports to safeguard the national and international aviation system. This legislative initiative was introduced to fill the gap in the regulation of airport security, particularly in response to evolving security threats and the critical importance of maintaining the safety and integrity of air transport.
This recent Gazette notice, issued by Christine Deegan, Director of Transport Security Operations within the Aviation and Maritime Security Division of the Department of Home Affairs, revokes a previous declaration concerning the security control status of Coffs Harbour Regional Airport and reaffirms the airport as a security controlled airport, thereby reinforcing the application of stringent security measures. The policy objective here is to maintain the security control status of designated airports to ensure continued adherence to security protocols, as outlined in the Act, thereby contributing to the overarching goal of protecting the aviation transport system.
Scope and Application
The Aviation Transport Security Act 2004 applies to various entities and individuals within the aviation sector, ensuring that aviation security measures are implemented across all aspects of air transport operations. This Act pertains specifically to airports, airlines, aircraft, and personnel involved in the handling and transportation of passengers and goods through air transport. Its jurisdiction is national, covering all airports in Australia and their associated activities, thereby ensuring uniform security protocols are upheld throughout the country. Notably, the Act also extends its reach to foreign aircraft and foreign airline personnel while they are in Australia, ensuring that international operations comply with Australian aviation security standards. Certain exclusions apply, particularly to non-commercial aircraft and those used exclusively for private or recreational purposes, which may be exempt from certain provisions of the Act. The Act allows for the establishment of security controlled airports and airside areas, with boundaries and definitions specified through subordinate notices such as this one, which ensures flexibility and responsiveness to changing security needs. This particular notice revokes a previous declaration concerning Coffs Harbour Regional Airport and establishes new boundaries and an airside area, reflecting the ongoing assessment and adjustment of security measures necessary to maintain safety and compliance with the Act.
Key Provisions
The main operative sections of this Notice, under subsection 28(2) of the Aviation Transport Security Act 2004, involve the revocation of a previous notice (NTC-15923) that declared Coffs Harbour Regional Airport as a security controlled airport, as well as the declaration of Coffs Harbour Airport as a security controlled airport and the establishment of an airside area for this airport. These provisions are aimed at ensuring the security of the airport and its operations under the Act. The attached map, which forms part of this notice, shows the boundaries of the airport and the specific area designated as the airside area.
Under the Act, the obligations and requirements imposed on the parties or entities governed by this Notice include ensuring that Coffs Harbour Airport is managed in accordance with the security standards and procedures outlined in the Act. This includes implementing and maintaining effective security measures to protect the airport and its operations from potential threats. The Notice also requires compliance with any additional regulations or directives issued by the Director, Transport Security Operations, in accordance with the Act.
Failure to comply with the requirements of the Aviation Transport Security Act 2004 may result in civil or criminal consequences, including fines and imprisonment. The maximum penalties for offences under the Act can vary depending on the specific offence and the circumstances of the case. For example, the Act may impose fines of up to $10,000 for certain offences, while more serious offences may result in fines of up to $100,000 and imprisonment for up to two years. Additionally, the Director, Transport Security Operations, has the authority to take enforcement action, such as issuing infringement notices or pursuing legal action, against individuals or entities that fail to comply with the Act.
It is important for all parties and entities governed by this Notice to be aware of their obligations under the Aviation Transport Security Act 2004 and to take all necessary steps to ensure compliance. This includes implementing and maintaining effective security measures, as well as following any additional regulations or directives issued by the Director, Transport Security Operations. Failure to comply with the Act may result in significant civil or criminal consequences, including fines and imprisonment. As such, it is essential for all parties and entities to take their obligations under the Act seriously and to ensure that they are fully compliant with all relevant requirements.