NTC-19570
Aviation Transport Security Act 2004
NOTICE OF DECLARATION OF SECURITY CONTROLLED AIRPORT AND ESTABLISHMENT OF AIRSIDE AREA – KARRATHA AIRPORT
I, JARAN BLETHYN, Assistant Director, Transport Security Operations, Aviation and Maritime Security Division:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), Notice NTC-15472 which declared Karratha Airport as a security controlled airport as published in the Gazette (C2019G00036, 17 January 2019);
DECLARE, under subsection 28(2) of the Act, that Karratha Airport is a security controlled airport, the boundaries of Karratha Airport are shown on the attached map which forms part of this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Karratha Airport being that area indicated as the airside area on the attached map.
This Notice commences upon publication in the Gazette.
Date: 22 September 2020
Jaran Blethyn
Delegate of the Secretary of the
Department of Home Affairs
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette.
Overview
The Aviation Transport Security Act 2004, enacted by the Australian Parliament, was introduced to address the need for stringent security measures in Australia's aviation sector, ensuring the safety and security of passengers, aircraft, and airport operations. The Act establishes comprehensive security controls at designated airports and other aviation facilities to protect against acts of unlawful interference and terrorism. This legislative framework empowers the Department of Home Affairs to declare airports as security controlled and to establish airside areas where heightened security measures are enforced. The enactment of this Act was a pivotal step in aligning Australian aviation security practices with international standards and mitigating risks associated with air travel.
The Notice issued under the Aviation Transport Security Act 2004 by Jaran Blethyn, Assistant Director, Transport Security Operations, Aviation and Maritime Security Division, of the Department of Home Affairs, revokes the previous declaration of Karratha Airport as a security controlled airport and re-establishes it with updated boundaries and an airside area. This action underscores the government's commitment to maintaining rigorous security protocols in response to evolving threats and operational requirements. The policy objective behind this Notice is to ensure that Karratha Airport complies with the necessary security measures to protect against unlawful interference, thereby safeguarding the integrity of Australia's aviation infrastructure.
Scope and Application
The Aviation Transport Security Act 2004 applies to persons, entities, and industries involved in aviation transport, including airports, airlines, and other entities operating within the airside area of a security controlled airport. This Act has a national reach, applying across the Commonwealth of Australia. It mandates stringent security measures to protect air transport infrastructure and passengers from potential threats. The legislation includes provisions for declaring airports as security controlled and establishing airside areas, which are subject to specific security controls and regulations. The Act allows for the extension and restriction of its application through subordinate instruments, such as regulations and notices, which provide detailed guidance on the implementation of security measures. Notably, the Act does not specify particular exclusions or exemptions, except those outlined in subordinate instruments, ensuring a comprehensive approach to aviation security across the nation. This notice revokes the previous declaration of Karratha Airport as a security controlled airport and establishes new boundaries for the airside area, ensuring continued adherence to security protocols in line with the Act.
Key Provisions
The key provisions of the notice revolve around the declaration and management of Karratha Airport as a security controlled airport under the Aviation Transport Security Act 2004 (the Act). The Assistant Director, Transport Security Operations, Jara Blethyn, has revoked the previous declaration (NTC-15472) published in the Gazette (C2019G00036, 17 January 2019) and has now re-declared Karratha Airport as a security controlled airport under subsection 28(2) of the Act. This re-declaration specifies the boundaries of the airport, which are detailed on the attached map, and includes the establishment of an airside area for the airport under section 29 of the Act. The airside area is also delineated on the attached map and is integral to the security measures that need to be enforced.
Under the Act, the declaration of Karratha Airport as a security controlled airport imposes specific obligations on the airport, its operators, and any individuals or entities operating within the airport’s premises. The primary obligation is to adhere to stringent security measures designed to protect against acts of unlawful interference with civil aviation. This includes implementing and maintaining security protocols, conducting regular security assessments, and ensuring that all personnel are adequately trained in security procedures. The security controlled status mandates that the airport must comply with the security standards and requirements set out by the Act and any additional directives issued by the Department of Home Affairs.
Failure to comply with the security requirements outlined in the Act can result in significant legal consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a substantial amount, while criminal offences can lead to imprisonment. Specifically, under the Act, offences related to security breaches can incur penalties of up to 10,000 penalty units or imprisonment for up to 10 years, depending on the severity of the offence. These penalties are designed to ensure stringent adherence to the security protocols and to deter any unlawful interference with civil aviation.