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

Overview

The Aviation Transport Security Act 2004 was enacted to address the critical need for stringent security measures at Australian airports to safeguard against potential terrorist threats and other security risks. The Act was introduced by the Parliament of Australia to ensure that aviation security measures are in place and effectively managed across all airports in the country. The overarching policy objective of this legislation is to protect passengers, aircraft, and airport staff from any form of threat, thereby ensuring the safety and integrity of the national aviation transport system. On 25 February 2020, a notice was issued by Damon Barrett, Acting Director of Transport Security Operations in the Aviation and Maritime Security Division of the Department of Home Affairs. This notice revoked the previous declaration of Derby Airport as a security controlled airport and re-established it with updated boundaries and an airside area, effective immediately upon publication in the Gazette. This action underscores the government's commitment to maintaining rigorous security standards and adapting to the evolving security landscape.

Scope and Application

The Aviation Transport Security Act 2004 applies to individuals, entities, and operations within the aviation sector, particularly focusing on security measures at airports deemed to be security controlled. This Act is of national scope, operating under the Commonwealth jurisdiction to ensure uniformity in aviation security across Australia. Notably, the Act applies to any person or entity involved in activities at airports designated as security controlled, including airlines, ground handling agents, and airport operators. Exemptions and thresholds may apply depending on the specific operations and the nature of the activities at the airport. The Act's application can be extended or restricted through subordinate instruments, which may provide further details on the implementation and enforcement of security measures. In the case of Derby Airport, the recent notice revokes the previous declaration and re-establishes it with updated boundaries and an airside area, reflecting the ongoing need for stringent security protocols in the aviation industry. This change is effective from the date of its publication in the Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) encompasses several key provisions relevant to the security of aviation transport in Australia. One such provision is the declaration of a security controlled airport, as seen in subsection 28(2) of the Act, which allows the Acting Director, Transport Security Operations, to designate specific airports as security controlled. In this instance, Notice NTC-18125 revokes the previous Notice NTC-5119 (C2014G02112, 19 December 2014), which had declared Derby Airport as a security controlled airport, and re-establishes it under the current notice. This re-declaration is intended to ensure that the airport adheres to stringent security standards, as outlined in the Act. Additionally, section 29 of the Act allows for the establishment of an airside area, which is the specific area within the airport where stringent security measures must be enforced. Under the Act, several obligations and requirements are imposed on the parties or entities governed by it. For Derby Airport, these include complying with the stringent security measures designated for a security controlled airport. This encompasses measures such as restricted access to the airside area, thorough screening of passengers and baggage, and adherence to the detailed security protocols outlined by the Department of Home Affairs. The declaration and establishment of the airside area are critical components of these obligations, ensuring that the airport maintains a high level of security to protect against potential threats to aviation safety. Failure to comply with the provisions of the Act can result in significant consequences. Although the specific offences, penalties, and consequences for breaches are not detailed in the notice, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include substantial fines, while criminal penalties might involve imprisonment, reflecting the seriousness of breaches in aviation security. These penalties underscore the importance of strict adherence to the Act's provisions to maintain the safety and security of aviation transport in Australia.