Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Dubbo City Regional Airport

Overview

The Aviation Transport Security Act 2004, enacted by the Parliament of Australia, was introduced to address the need for enhanced security measures in the aviation sector, particularly in the wake of heightened global security concerns. This Act provides the legal framework to ensure the protection of air transport and associated infrastructure, aiming to prevent acts of unlawful interference with civil aviation and to safeguard the travelling public. The enactment was driven by the need to align Australian aviation security standards with international benchmarks, particularly those set by the International Civil Aviation Organization (ICAO). This legislative action underscores the commitment of the Australian government to maintain a secure and resilient aviation environment. This recent revocation and re-declaration of Dubbo City Regional Airport as a security controlled airport, and the establishment of an airside area, reflects the ongoing efforts to adapt and refine security protocols in response to evolving threats and operational requirements. The re-declaration process, carried out by Ross Ortega, the Assistant Director of Transport Security Operations within the Department of Home Affairs, involves the careful delineation of airport boundaries and airside areas, as specified in the attached map. This Notice, which comes into effect upon publication in the Gazette, is part of a continuous process to ensure that all airports in Australia maintain the necessary security measures to protect against potential threats to aviation safety and security.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity engaged in the operation of an aircraft, the operation of a service aircraft, or the provision of air transport services in Australia. This encompasses both domestic and international flights, as well as entities such as airlines, pilots, airport operators, and ground handling services. The Act’s jurisdictional reach is national, applying to all airports within the Commonwealth of Australia, and it includes provisions for the establishment and enforcement of security measures. The Act includes specific exclusions and exemptions, such as for certain small aircraft and non-commercial operations, but these are narrowly defined. The Act’s application is further extended and specified through subordinate instruments, such as regulations and notices, which provide detailed operational requirements and procedures. For instance, the notice described here revokes a previous declaration concerning Dubbo City Regional Airport and re-establishes it as a security controlled airport, setting out the boundaries and airside area for enforcement purposes. This Notice, like others under the Act, has the force of law upon its publication in the Gazette and remains in effect until formally revoked.

Key Provisions

The primary sections relevant to this notice are sections 28(2) and 29 of the Aviation Transport Security Act 2004 (the Act). Under section 28(2), the Assistant Director, Transport Security Operations, Aviation and Maritime Security Division has the authority to revoke or declare an airport as a security controlled airport and to establish the boundaries of the airport, which includes the airside area. Section 29 of the Act then enables the establishment of the airside area of the airport, which is the specific area designated for aviation security purposes. This notice imposes certain obligations and requirements on the parties or entities it governs. Firstly, it mandates the recognition of Dubbo City Regional Airport as a security controlled airport. This means that the airport must comply with all security regulations set out by the Act, including those concerning the control of access, screening of passengers and baggage, and other security measures. Additionally, the notice establishes the airside area of the airport, which is the area designated for aviation security purposes. This area is subject to specific security requirements and restrictions, such as controlled access and the presence of security personnel. Failure to comply with the provisions of the Act and the requirements of this notice may result in civil or criminal consequences. The Act provides for a range of offences and penalties, including fines and imprisonment, for breaches of aviation security regulations. For example, section 46 of the Act makes it an offence to contravene a direction given under the Act, with a maximum penalty of 2,000 penalty units or imprisonment for five years, or both. Section 47 of the Act makes it an offence to interfere with, obstruct or fail to comply with a requirement of the Act, with a maximum penalty of 10,000 penalty units or imprisonment for ten years, or both. The Act also provides for civil penalties, including fines of up to 10,000 penalty units, for breaches of aviation security regulations. In summary, this notice revokes a previous declaration of Dubbo City Regional Airport as a security controlled airport and establishes new boundaries and an airside area for the airport. It imposes certain obligations and requirements on the parties or entities it governs, including compliance with aviation security regulations and restrictions on access to the airside area. Failure to comply with the Act and the requirements of this notice may result in civil or criminal consequences, including fines and imprisonment.