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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures within the aviation transport sector, aiming to protect passengers, crew, and aircraft from acts of unlawful interference. This legislative framework was introduced to fill the gap in national security protocols specifically pertaining to aviation, ensuring that Australia's airports met international standards for security. The Act provides a comprehensive legislative basis for implementing and enforcing security measures at designated airports, including the establishment of controlled areas where security regulations are strictly applied. The policy objective of the Act is to enhance the safety and security of civil aviation by establishing a robust legal framework that mandates stringent security protocols and allows for effective enforcement by relevant authorities. This Notice from the Assistant Director, Transport Security Operations, revokes a previous declaration concerning Hobart Airport and re-establishes it as a security controlled airport, thereby reaffirming the commitment to maintaining high security standards in Australia's aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons, entities, and industries involved in the aviation industry within Australia, with a specific focus on ensuring the security of air transport. The Act's jurisdiction extends across the Commonwealth, thereby encompassing all airports and aviation activities occurring within Australia's borders. Notably, this includes the establishment of security controlled airports and airside areas, which are designated to enhance aviation security measures. The Act allows for the revocation and declaration of such areas through notices such as the one issued for Hobart Airport. This particular notice revokes a previous declaration and establishes Hobart Airport as a security controlled airport, defining its boundaries and airside area. The Act's application can be further extended or restricted through subordinate instruments, such as regulations or further notices, which may provide additional detail or modify the scope of the primary legislation. Any exclusions, exemptions, or thresholds are specified within the Act or its subordinate instruments and are designed to balance security requirements with operational needs.

Key Provisions

The notice issued under the Aviation Transport Security Act 2004 (the Act) revokes the previous declaration regarding Hobart Airport as a security controlled airport (sections 28 and 29). Specifically, Notice NTC-19957, published in the Gazette on 23 November 2020 (C2020G00921), is revoked, and a new declaration is made under subsection 28(2) of the Act. Hobart Airport is now declared a security controlled airport, with the boundaries clearly defined in the attached map which is part of this notice. Additionally, the notice establishes an airside area for Hobart Airport, with its extents also detailed on the accompanying map. The notice takes effect upon its publication in the Gazette. Under the Act, the declaration and establishment of a security controlled airport and its airside area come with several obligations and requirements. Hobart Airport must adhere to the stringent security measures outlined in the Act to ensure the safety and security of aviation activities. This includes implementing and maintaining security protocols, procedures, and systems that meet the standards set by the Department of Home Affairs. The airport authorities must ensure that all activities within the declared airside area comply with the security requirements, which may include restrictions on access, screening of persons and goods, and coordination with aviation security personnel. Failure to comply with the security measures and obligations under the Act may result in various consequences. The Act provides for both civil and criminal penalties for breaches of its provisions. For instance, under section 169 of the Act, a person who contravenes any provision of the Act, other than a provision for which a penalty is prescribed by another law, is liable to a civil penalty not exceeding $10,000. More serious breaches may result in criminal offences, with penalties including fines of up to $50,000 and/or imprisonment for a term of up to five years. These penalties underscore the importance of strict adherence to the security requirements set out in the Act to maintain the integrity of Australia’s aviation security framework.