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

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the security of the aviation transport system in Australia, addressing the need for stringent measures to protect against threats to civil aviation. This Act was introduced by the Parliament of Australia, with a clear policy objective to safeguard the aviation sector from potential terrorist activities and other security risks. The Act empowers the relevant authorities to implement necessary security measures and control access to critical areas within airports. The 2018 Gazette Notice NTC-15006, issued under this Act, revokes a previous notice that had designated Essendon Airport as a security controlled airport, and subsequently declares it as such again, establishing its airside area boundaries. This action ensures continued application of stringent security controls at the airport, reflecting ongoing commitment to aviation security in Australia.

Scope and Application

The Aviation Transport Security Act 2004 applies to a range of entities and individuals involved in aviation activities within Australia. Specifically, the Act imposes obligations on airlines, airport operators, aircraft manufacturers, and other entities involved in the aviation sector. It covers conduct and transactions that pertain to the security of aircraft and airports, with a focus on preventing acts of unlawful interference and ensuring the safety of passengers and crew. The Act has a national reach, operating under the Commonwealth jurisdiction, thereby applying to all airports and aviation activities across the country. Notably, the Act does not explicitly state any exclusions or thresholds; however, the establishment and revocation of security controlled airports and the definition of airside areas are subject to the discretion of the Secretary of the Department of Home Affairs through subordinate instruments. The legislative power to declare and revoke security controlled airports, as evidenced in the notice revoking Essendon Airport's status and subsequently re-establishing its airside area, exemplifies the Act's flexibility and responsiveness to changing security needs. This notice, published in the Commonwealth of Australia Gazette, indicates that the Act's application can be modified to adapt to evolving circumstances in the aviation industry.

Key Provisions

The primary sections of the Notice, NTC-15006, pertain to the revocation and redeclaration of Essendon Airport as a security controlled airport, as well as the establishment of an airside area at this airport. Under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), the Acting Director, Transport Security Operations, has revoked the previous declaration of Essendon Airport as a security controlled airport, which was detailed in Notice NTC-14030. This revocation takes effect upon the publication of the Notice in the Gazette (C2017G01164). Simultaneously, the Acting Director has declared, again under subsection 28(2), that Essendon Airport remains a security controlled airport. The boundaries of the airport are specified in the attached map, which is integral to the Notice. Additionally, section 29 of the Act has been invoked to establish an airside area for Essendon Airport, the specific parameters of which are outlined on the same map. This Notice becomes effective upon its publication in the Gazette. The Notice imposes several obligations and requirements on the parties and entities governed by the Act. The declaration that Essendon Airport is a security controlled airport mandates that stringent security measures are in place, ensuring compliance with aviation security regulations. This includes adherence to security protocols and the implementation of necessary security controls to protect the airport and its operations from potential threats. The establishment of the airside area, as defined in the attached map, delineates specific zones within the airport that are subject to heightened security regulations. Entities operating within this airside area must comply with the security requirements stipulated by the Act, including any additional measures deemed necessary by the Acting Director or the Secretary of the Department of Home Affairs. The Notice also outlines potential consequences for non-compliance with the security requirements imposed by the Act. Although the specific offences and penalties are not detailed in this Notice, breaches of the Aviation Transport Security Act 2004 can result in significant legal ramifications. Under the Act, various offences carry penalties that can include substantial fines and, in severe cases, imprisonment. For instance, failing to comply with a security direction can result in fines up to $52,500 for an individual and up to $262,500 for a body corporate. Additionally, criminal proceedings may be initiated for serious violations, leading to more severe penalties. It is crucial for all entities within the security controlled airport and airside area to adhere strictly to the regulations to avoid any legal repercussions.