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 ensure the security of aviation transport and to address the potential risks associated with the transportation of passengers and goods by air. This legislation provides a legal framework for the implementation and enforcement of security measures at designated airports, thereby contributing to the broader objective of maintaining national security and public safety. In response to evolving threats and operational requirements, the Act allows for the designation of airports as security controlled airports and the establishment of specific airside areas. The 2018 Notice of Declaration of Security Controlled Airport and Establishment of Airside Area for Moranbah Airport, issued by the Acting Director, Transport Security Operations, is an example of how the Act is applied to adapt to changing circumstances, revoking the previous declaration and re-establishing the airport’s security status with updated boundaries and airside areas. This Notice aims to ensure that the appropriate security measures are consistently enforced at the airport, aligning with the overarching policy objective of the Act to safeguard Australia's aviation transport infrastructure.

Scope and Application

The Aviation Transport Security Act 2004, as declared in the Notice of Declaration of Security Controlled Airport and Establishment of Airside Area for Moranbah Airport, applies to the Moranbah Airport, defining it as a security controlled airport and establishing its airside area boundaries as indicated on the attached map. The Act, a Commonwealth legislation, applies to all persons and entities operating within the designated airside area of Moranbah Airport, encompassing all industries and conduct related to aviation transport security. This Act ensures that appropriate security measures are in place to safeguard against threats to aviation security within the specified boundaries. The geographic reach of this legislation is national, as it is enacted by the Commonwealth of Australia and applies to activities within the territory of Australia. Notably, the Notice revokes the previous declaration that categorised Moranbah Airport as a security controlled airport, thereby altering the security status and potentially the security protocols applicable to the airport. The Notice is in effect until it is revoked in writing and published in the Gazette, providing a clear framework for the implementation and potential modification of security measures at the airport.

Key Provisions

The primary operative sections of the Aviation Transport Security Act 2004, referenced in this Notice, include sections 28 and 29. Section 28(2) of the Act allows the Acting Director, Transport Security Operations, Aviation and Maritime Security Division to revoke a previous notice that declared an airport as a security controlled airport. In this instance, Notice NTC-9068, which declared Moranbah Airport as a security controlled airport, is revoked. Section 28(2) also permits the declaration of a new security controlled airport and the establishment of an airside area for the airport. This is done by the Acting Director, who, in this case, is Michael Gray. Section 29 of the Act mandates the establishment of an airside area, which is the area of the airport where security measures are required to be implemented to ensure the safety of the aviation transport system. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the Acting Director is required to ensure that the security measures necessary for the safety of the aviation transport system are implemented at the security controlled airport. This includes the establishment of an airside area, which is a specific area within the airport where stringent security measures are enforced. The Acting Director must also ensure that the boundaries of the airport and the airside area are clearly defined and published in the Gazette. This ensures that all stakeholders are aware of the areas where the security measures are applicable. Failure to comply with the provisions of the Act can result in civil or criminal consequences. Although the specific offences and penalties are not detailed in this Notice, the Act generally provides for penalties for breaches of its provisions. These penalties can include fines, imprisonment, or both. The maximum penalties for certain offences under the Act can be significant, reflecting the importance of aviation security. It is essential for all parties governed by the Act to adhere to its provisions to avoid any potential legal repercussions. The revocation of Notice NTC-9068 and the declaration of Moranbah Airport as a security controlled airport, along with the establishment of an airside area, is a significant administrative action. This action is necessary to ensure that the appropriate security measures are in place to protect the aviation transport system. By clearly defining the boundaries of the airport and the airside area, and publishing this information in the Gazette, the Acting Director ensures transparency and compliance with the Act. This, in turn, helps to maintain the safety and security of the aviation transport system in Australia.