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

Overview

The Aviation Transport Security Act 2004 was enacted to address security concerns associated with aviation transport within Australia. This Act aims to provide a framework for the protection of civil aviation against acts of unlawful interference, thereby ensuring the safety and security of passengers, crew, aircraft, and airports. The Act was established by the Parliament of Australia to safeguard the nation's air transport infrastructure from potential threats. The policy objective of this legislation is to enhance security measures and procedures at airports to prevent terrorism and other criminal activities that could compromise the integrity of the aviation system. The Act empowers the relevant authorities to declare airports as security controlled, thereby allowing for the implementation of stringent security protocols and regulations. This legislative measure enables the establishment and management of airside areas, which are critical zones within airports where stringent security measures are enforced to protect against unauthorised access and potential threats. The declaration of Emerald Airport as a security controlled airport and the establishment of its airside area, as outlined in the Notice, are direct applications of the provisions under the Act. The revocation and subsequent re-declaration of Emerald Airport as a security controlled airport reflect the dynamic nature of security assessments and the commitment to maintaining robust security standards to safeguard the aviation sector against evolving threats.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in aviation transport activities within Australia. This Act imposes obligations on operators of aircraft, passengers, and other entities involved in the provision of aviation services to ensure the security of aviation transport. The geographic reach of the Act is national, as it applies to all airports and aircraft within Australian territory, regardless of state or territory boundaries. Notably, the Act provides for the establishment and revocation of security controlled airports, which are designated airports where specific security measures must be implemented to protect against acts of unlawful interference. The Act also establishes an airside area at these airports, which is the portion of the airport where security controls are enforced. Exclusions or exemptions from the application of the Act are limited and generally pertain to specific aircraft or operations, which may be subject to alternative security arrangements. The Act's application can be extended or restricted through subordinate instruments, such as regulations and directions, which provide further detail on the implementation of security measures. The notice issued under the Aviation Transport Security Act 2004 declares Emerald Airport as a security controlled airport and establishes an airside area at the airport. This declaration revokes a previous notice that had previously designated Emerald Airport as a security controlled airport, as evidenced by the gazetted notice NTC-13845 published on 22 September 2017. The current notice, published in the Gazette on 12 June 2019, indicates the new boundaries of Emerald Airport and the specific airside area that will be subject to heightened security controls. The notice remains in force until it is revoked in writing and published in the Gazette, at which point it will cease to have effect. This legislative action ensures that the appropriate security measures are in place to protect against unlawful interference at Emerald Airport, in line with the overarching objectives of the Aviation Transport Security Act 2004.

Key Provisions

The main operative sections of the Act relevant to this notice include sections 28(2) and 29. Section 28(2) provides the authority to revoke or declare an airport as a security controlled airport, while section 29 allows for the establishment of an airside area at such an airport. The notice revokes the previous declaration that Emerald Airport was a security controlled airport (Notice NTC-13845) and declares it as such again, with the boundaries of the airport and the airside area clearly defined on attached maps. This declaration and establishment are made under the authority of the Acting Director, Transport Security Operations, Aviation and Maritime Security Division. The obligations and requirements imposed by the Act on the parties and entities governed by it include ensuring that security measures are in place at declared security controlled airports. This involves adherence to the specified boundaries of the airside area and compliance with any further regulations or guidelines that may be issued by the Department of Home Affairs. The Act also requires that any changes to the status of a security controlled airport or the boundaries of the airside area must be formally notified and published in the Gazette, ensuring transparency and public awareness. Breaches of the provisions of the Act can result in various consequences. While the notice itself does not specify particular offences or penalties, the Act may outline civil or criminal penalties for non-compliance with security measures at security controlled airports. These could include fines, imprisonment, or other sanctions as deemed appropriate by the relevant authorities. The severity of these penalties would depend on the nature and extent of the breach, with maximum penalties potentially outlined in other sections of the Act or in associated regulations.