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 Australian Parliament to address the critical need for stringent security measures at airports to protect against potential threats to aviation safety and security. This Act provides the legal framework for the regulation and control of security at airports, particularly focusing on preventing acts of unlawful interference with civil aviation. The policy objective of the Act is to safeguard the nation's aviation infrastructure and ensure the safety of passengers and crew by establishing a comprehensive security regime. The Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Hobart Airport, issued under the authority of the Act, revokes a previous declaration concerning Hobart Airport and reaffirms it as a security controlled airport, outlining the specific airside area boundaries and its security status. This Notice, issued by the Department of Home Affairs, is intended to update the legal status of Hobart Airport's security measures and ensure compliance with the security requirements set forth in the Act.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in aviation transport within Australia, including aircraft operators, passengers, crew, and any other persons or entities who may have access to the airside area of an airport. The Act sets out the requirements for aviation security measures, including the establishment of security controlled airports and airside areas, which are areas of an airport that are restricted to authorised persons only. This declaration of Hobart Airport as a security controlled airport and the establishment of an airside area under the Act, as notified by the Assistant Director, Transport Security Operations, is within the Commonwealth's jurisdiction, as per the provisions of the Act. The Act also provides for the making of subordinate instruments to extend or restrict its application, such as regulations and directions, which may specify further details about the security measures that must be implemented at security controlled airports. There are no stated exclusions or exemptions in this particular declaration, and the airside area boundaries are clearly defined in the attached map. This Notice, once published, revokes the previous declaration and establishes the new security measures, which will remain in force until revoked in writing and upon subsequent publication in the Gazette.

Key Provisions

The key operative sections of the Aviation Transport Security Act 2004, as referenced in the Gazette Notice NTC-19957, include subsections 28(2) and section 29. Subsection 28(2) allows the Assistant Director, Transport Security Operations, to revoke or declare an airport as a security controlled airport, while section 29 empowers the establishment of an airside area within that airport. In plain English, this means that the Assistant Director can change the status of an airport from being a security controlled airport to not being one, and vice versa, as well as define the specific area within the airport that requires heightened security measures. The Act imposes certain obligations on the parties and entities it governs. Specifically, the Assistant Director, Transport Security Operations, must declare an airport as a security controlled airport and establish an airside area if it is deemed necessary for aviation security. This declaration and establishment must be communicated via a notice published in the Gazette, as seen in the Notice NTC-19957 for Hobart Airport. Additionally, any changes to these declarations or the boundaries of the airside area must also be notified in the Gazette. Breaches of the provisions under the Aviation Transport Security Act 2004 can lead to various civil and criminal consequences. The Act does not explicitly detail the penalties for non-compliance in the provided text; however, it is known that serious violations can result in substantial fines and, in some cases, imprisonment. The specific maximum penalties are not outlined in the Notice but can be found in the main body of the Act. It is essential for entities governed by this legislation to adhere to the declared security measures to avoid facing these legal consequences.