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

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the critical need for stringent security measures in the aviation sector. The Act was introduced to ensure the protection of passengers, aircraft, and airport facilities against acts of unlawful interference. The policy objective is to safeguard the integrity of the nation's airspace and enhance the overall security of air travel. This particular notice, issued by Jaran Blethyn, a delegate of the Secretary of the Department of Home Affairs, revokes the previous declaration of Moranbah Airport as a security controlled airport and re-establishes it under the provisions of the Act. This action is essential to maintaining the required security standards at the airport, as outlined in the attached maps and effective from the date of publication in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to the regulation and control of security at airports within Australia, ensuring that measures are in place to protect against acts of unlawful interference with civil aviation. This legislation applies to all airports that are designated as security controlled airports, including their boundaries and airside areas. The Act is a Commonwealth Act and therefore applies nationally across all states and territories of Australia. It mandates that airports meeting certain criteria must implement security measures as prescribed under the Act, which includes the designation of specific areas within airports as airside areas that are subject to heightened security controls. Subordinate instruments may extend or restrict the application of the Act by specifying additional security requirements or exemptions for particular circumstances or types of airports. The Act provides the authority to declare specific airports as security controlled airports and to establish the boundaries and airside areas of these airports. This is achieved through notices published in the Commonwealth of Australia Gazette, as demonstrated in the revocation and declaration of Moranbah Airport in the provided notice. The application of the Act is not limited to specific entities but extends to any airport that meets the criteria set out in the Act. The Act does not explicitly state exclusions or exemptions, but the declaration and revocation of security controlled airports and their boundaries are subject to review and adjustment as necessary, ensuring that the security measures remain appropriate and effective.

Key Provisions

The key provisions of this Notice under the Aviation Transport Security Act 2004 include the revocation of a previous notice (NTC-15065) (subsection 28(2)), the declaration of Moranbah Airport as a security controlled airport (subsection 28(2)), and the establishment of an airside area for Moranbah Airport (section 29). The Notice, which is published in the Gazette, delineates the boundaries of the airport and the specific area designated as the airside area, which are detailed in the maps attached to the Notice. This Notice, which takes effect upon its publication, is a formal declaration and establishment as per the Act's stipulations. The Act imposes certain obligations and requirements on parties or entities governed by it. Firstly, the declaration of Moranbah Airport as a security controlled airport signifies that it must comply with stringent aviation security measures and regulations. This includes the implementation of security protocols, risk assessments, and the appointment of a security coordinator to oversee compliance with security requirements. Secondly, the establishment of the airside area means that specific zones within the airport are subject to heightened security controls, restricting access to authorised personnel and aircraft. This ensures the protection of critical infrastructure and the safety of passengers and crew. Breaches of the provisions outlined in the Aviation Transport Security Act 2004 may result in various offences and penalties. Under the Act, individuals or entities failing to comply with the security requirements for a security controlled airport may face criminal charges, which could lead to substantial fines or imprisonment. For instance, contravening the security measures for an airside area could result in a maximum penalty of 10,000 penalty units or imprisonment for five years, or both. Civil penalties may also apply for non-compliance, which could include fines or orders to rectify the breach. It is imperative for all parties involved to adhere to the Act's requirements to avoid these severe consequences.