Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Longreach Airport – NTC-20769

Overview

The Aviation Transport Security Act 2004 (the Act) was introduced to address the need for enhanced security measures within Australia's aviation sector to protect against acts of unlawful interference and other security risks. Enacted by the Parliament of Australia, the Act's overarching policy objective is to ensure the safety and security of Australia's air transport system, particularly focusing on the protection of passengers, aircraft, and airport facilities from terrorist attacks and other criminal activities. This legislation provides the legal framework for the Australian government to implement stringent security measures at designated airports, ensuring compliance with international standards and guidelines. The recent notice, NTC-20769, published in the Gazette on 17 August 2021, revokes the previous declaration of Longreach Airport as a security controlled airport, which was first declared in 2012, and re-establishes it under the updated parameters of the Act. This re-declaration aims to maintain the stringent security protocols necessary to protect the airport and its operations, aligning with the Act's goal of safeguarding Australia's aviation infrastructure against potential threats.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and individuals involved in aviation transport within Australia, including airports, airlines, and airport operators. This particular Act provides the legislative framework for the security of civil aviation in Australia, ensuring that appropriate measures are in place to protect against acts of unlawful interference with civil aviation. The Act applies to all airports designated as security controlled airports, which are subject to security measures as outlined by the Act and its regulations. The geographic reach of the Act is national, applying to all aviation activities within the Commonwealth of Australia, including its territories. Notably, the Act does not apply to private aircraft or to military aircraft when they are engaged in military activities. The Act also provides for the establishment of airside areas, which are specific zones within an airport where enhanced security measures are enforced, and these areas are defined by the Minister through subordinate instruments. The revocation and re-declaration of Longreach Airport as a security controlled airport, along with the establishment of its airside area, is an example of how the Act’s scope can be adjusted to address changing security needs and operational realities within the aviation industry.

Key Provisions

The key provisions of the Notice NTC-20769, which operates under the Aviation Transport Security Act 2004, involve the revocation of a previous notice (A04369), the declaration of Longreach Airport as a security controlled airport, and the establishment of an airside area for this airport. Section 28(2) of the Act allows the Assistant Director, Transport Security Operations, to declare an airport as a security controlled airport and to define the boundaries of the airport and its airside area through the publication of a notice in the Gazette. This particular notice revokes the prior notice (A04369), which had declared Longreach Airport as a security controlled airport (C2012G00292, 21 November 2012), and it now re-declares the same airport with updated boundaries as shown on the attached maps. The obligations imposed by this Act on the parties or entities it governs primarily focus on ensuring that airports identified as security controlled airports adhere to stringent security measures. The declaration of Longreach Airport as a security controlled airport under this notice means that the airport must comply with specific security regulations designed to protect against threats to aviation security. This includes implementing measures such as restricted access to the airside area, conducting security checks on personnel and goods entering the airside area, and maintaining constant surveillance to prevent unauthorised access or activities that could compromise the security of the airport and its operations. The establishment of the airside area, as indicated on the attached maps, further delineates the specific zones within the airport that require heightened security measures. Failure to comply with the provisions of the Act, including the security measures outlined in the notice, may result in various civil or criminal consequences. While the specific offences and penalties are not detailed in the notice itself, the Act generally provides for penalties that can include fines and imprisonment for breaches of security regulations. For instance, section 147 of the Act imposes a penalty of up to 200 penalty units, or in the case of a corporation, up to 1,000 penalty units, for failure to comply with a direction or requirement under the Act. Additionally, section 148 allows for more severe penalties, including fines of up to 2,000 penalty units, or imprisonment for up to two years, or both, for more serious offences related to aviation security. These penalties underscore the importance of adhering to the security measures mandated by the Act.