Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Emerald Airport - 22 March 2021

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the security of Australia's aviation industry by providing a framework for the protection of aircraft, passengers, and airport infrastructure against acts of unlawful interference. The Act was introduced by the Parliament of Australia to address the need for stringent security measures in the aviation sector, particularly in light of the increasing threat of terrorism and other security risks. The policy objective of the Act is to safeguard the nation's aviation infrastructure and to provide a coordinated and comprehensive approach to aviation security. This recent Gazette notice, NTC-20475, issued by Jaran Blethyn, Assistant Director, Transport Security Operations, Aviation and Maritime Security, under the authority of the Department of Home Affairs, revokes the previous declaration of Emerald Airport as a security controlled airport and re-establishes it under the provisions of the Act. The notice also delineates the boundaries of the airport and establishes the airside area for Emerald Airport, ensuring that these areas are subject to the security controls mandated by the Act. This re-establishment is intended to maintain the high standards of aviation security that are crucial for the protection of the public and the integrity of Australia's aviation system.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in the operation of an airport, including those that are designated as security controlled airports. This includes airlines, aircraft operators, airport operators, and any other person or entity that engages in activities that may impact the security of the aviation transport system. The Act has a national reach and applies to all airports in Australia, regardless of their size or location. The Act also extends to any person or entity that is involved in the transport of passengers or goods by air, including those who are not directly involved in the operation of an airport. However, the Act does not apply to any person or entity that is exempt under the Act, such as those who are engaged in purely private or domestic activities. The Act also does not apply to any person or entity that is exempt under any subordinate instrument made under the Act. The Act may be further extended or restricted through the use of subordinate instruments, such as regulations or orders, which may specify additional categories of persons or entities to which the Act applies, or may provide exemptions or thresholds for certain activities.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) contains various provisions aimed at ensuring the security of aviation transport within Australia. Section 28(2) of the Act allows for the declaration and revocation of security controlled airports, while section 29 permits the establishment of airside areas for these airports. In this context, the Assistant Director, Transport Security Operations, has issued a notice revoking the previous declaration of Emerald Airport as a security controlled airport (Notice NTC-15939) and subsequently re-declaring it as such (Notice NTC-20475). Additionally, this notice establishes the airside area for Emerald Airport, with the boundaries and area details outlined in the accompanying map. This new notice is effective upon its publication in the Gazette. Under the Act, specific obligations are placed upon parties and entities involved with aviation transport. For instance, the Assistant Director, Transport Security Operations, has the authority to declare and revoke the status of an airport as a security controlled airport and to establish the airside area within such airports. These actions are critical in maintaining the security framework for aviation transport, ensuring that only authorised personnel and activities are permitted in designated areas. The obligations also include the adherence to the defined boundaries and the implementation of necessary security measures within the airside area. The Act imposes significant consequences for breaches of its provisions. While specific offences, penalties, and consequences are not detailed in the provided notice, the Act generally includes provisions for both civil and criminal penalties for violations. Civil penalties can include fines, while criminal penalties may involve imprisonment, depending on the severity and nature of the breach. The maximum penalties are not explicitly stated in this notice but would be found within the relevant sections of the Act itself. It is important for all parties involved to comply with the Act to avoid facing these potential consequences. In summary, the notice issued under section 28(2) of the Aviation Transport Security Act 2004 re-establishes Emerald Airport as a security controlled airport and delineates its airside area, effective upon publication. This action underscores the regulatory obligations placed on the Assistant Director, Transport Security Operations, to ensure compliance with aviation security measures. The potential penalties for non-compliance with the Act include both civil and criminal sanctions, highlighting the importance of adhering to the legislative requirements.