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

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the security of Australia's aviation transport system, addressing the need to protect against acts of unlawful interference and terrorism. This Act was introduced by the Australian Parliament to establish a comprehensive framework for aviation security, including the regulation of security controlled airports and the establishment of airside areas. The policy objective of the Act is to safeguard the aviation industry against threats and to maintain the integrity of Australia's airspace. This legislative instrument, the Aviation Transport Security Act 2004, empowers the Acting Director of Transport Security Operations, under the authority of the Secretary of the Department of Home Affairs, to revoke, declare, and establish security controlled airports and their associated airside areas. The Act's provisions facilitate the enforcement of security measures to protect critical aviation infrastructure and enhance the safety of passengers and crew. The recent notice concerning Mackay Airport, published in the Gazette on 14 February 2020, revokes a previous declaration and re-establishes the airport as a security controlled area, reinforcing the commitment to maintaining stringent security protocols at designated aviation sites.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons and entities involved in the aviation industry within Australia, including airports, airlines, and other entities providing services to aircraft. The Act establishes security requirements to protect air transport against acts of unlawful interference, ensuring the safety and security of passengers, crew, and aircraft. It encompasses a broad range of conduct and transactions associated with aviation activities, particularly focusing on the protection of airside areas and critical infrastructure within airports. The Act's jurisdictional reach is national, applying across all states and territories of Australia. Notably, the Act includes provisions for subordinate instruments to further extend or specify its application, thus allowing for more detailed regulations and guidelines to be issued as necessary. Exclusions and exemptions are typically defined within the Act or through subordinate legislation, addressing specific scenarios or entities that may not fall under the standard security requirements. The Act's enforcement is overseen by the Department of Home Affairs, which is responsible for ensuring compliance and implementing security measures across the aviation sector.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) governs various aspects of aviation security, including the designation of security controlled airports and the establishment of airside areas. The key sections in this context are section 28(2) which allows the declaration of a security controlled airport, and section 29 which enables the establishment of an airside area. Section 28(2) facilitates the revocation of an existing declaration and the establishment of a new one, while section 29 outlines the process for defining the boundaries of an airside area. These sections are crucial for ensuring that appropriate security measures are implemented at designated airports. Under the Act, the obligations of the relevant parties primarily involve ensuring that security measures are properly implemented and maintained at designated security controlled airports. For the airport operator, this means adhering to the security protocols and procedures set out by the Department of Home Affairs, including managing access to the airside area and ensuring that all personnel and materials entering this area are screened and authorised. The operator must also ensure that the boundaries of the airside area are clearly marked and that these boundaries are respected by all persons on the airport premises. The Act also imposes certain obligations on passengers and other individuals entering the airside area. These individuals must comply with all security screening requirements and be prepared for their belongings and persons to be screened. Failure to comply with these requirements can result in denial of access to the airside area or other enforcement actions by airport security personnel. Furthermore, any entity or individual who fails to adhere to the provisions of the Act, including the designated boundaries of the airside area, may be subject to enforcement actions. In terms of the consequences for breach of the Act, section 47 outlines various offences and penalties. For example, unauthorised entry into a security controlled airport or the airside area can result in civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations. More serious offences, such as causing interference with an aircraft or damaging airport security infrastructure, can result in criminal penalties, including imprisonment for up to 20 years. Additionally, section 48 allows for the imposition of administrative penalties for breaches of the Act, which can include fines of up to $11,100 for individuals and $55,500 for corporations. These penalties underscore the seriousness with which the Act treats breaches of aviation security provisions.