Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Mount Gambier Airport – NTC-21455

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a comprehensive regulatory framework for the security of civil aviation in the country. The Act was introduced to address the need for stringent security measures in the aviation sector to protect passengers, aircraft, and airport infrastructure against acts of unlawful interference. The overarching policy objective of the Act is to ensure that security risks are identified, assessed, and mitigated effectively to maintain the safety and integrity of the national aviation system. The Act includes provisions for the declaration of security controlled airports, the establishment of airside areas, and the imposition of security requirements on various entities involved in aviation operations. On 29 July 2021, a notice was published in the Gazette revoking the previous declaration of Mount Gambier Airport as a security controlled airport and re-establishing it under the Act. This action was taken by Jaran Blethyn, the Acting Director of Transport Security Operations within the Aviation and Maritime Security Division of the Department of Home Affairs. The notice specifies the new boundaries of the airport and the airside area, which are depicted on an attached map. This re-declaration and establishment aim to ensure that the airport continues to comply with the stringent security measures mandated by the Act, thereby contributing to the overall security of Australia’s aviation network.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and persons involved in the aviation industry, with a primary focus on ensuring the security of aviation transport. The Act encompasses all airports designated as security controlled airports, the airside areas within these airports, and any persons or entities conducting activities within these areas. It mandates compliance with security regulations for airlines, airport operators, aircraft handlers, and other associated personnel. The geographic reach of the Act is national, as it is a Commonwealth Act, extending its jurisdiction across all states and territories in Australia. Exclusions and exemptions from the application of the Act are limited and are typically defined within the Act itself or through subordinate instruments. The Act allows for the declaration of specific areas as security controlled airports and the establishment of airside areas, as demonstrated in the revocation and re-declaration of Mount Gambier Airport. This legislative instrument reflects the Act's flexibility in adjusting the scope of security measures through administrative actions, thus ensuring that the security protocols remain responsive to current needs and threats.

Key Provisions

The key operative sections of the Aviation Transport Security Act 2004 (the Act) involved in this declaration and establishment are sections 28(2) and 29. Section 28(2) allows the Acting Director of Transport Security Operations to declare an airport as a security controlled airport and to revoke such a declaration, while section 29 enables the establishment of an airside area for that airport. Under these provisions, the Acting Director has revoked the previous declaration of Mount Gambier Airport as a security controlled airport (NTC-11652), declared it as such again, and established an airside area for the airport as depicted on the attached map. The obligations and requirements imposed by the Act on parties and entities governed by it include ensuring compliance with security measures at declared airports. For Mount Gambier Airport, this means adhering to the specified airside area boundaries and any associated security protocols. This includes restricting unauthorised access to the airside area and ensuring that all activities within this area comply with security regulations. Such measures are designed to safeguard the airport's operations and enhance the overall security of aviation transport. The Act provides for various offences and penalties for breaches of its provisions. While the specific maximum penalties are not detailed in this particular notice, general penalties for breaches of the Act can include fines, imprisonment, or both. For instance, under section 358, a person who contravenes a security direction can be liable to a fine of up to 200 penalty units or imprisonment for up to two years, or both. Additionally, under section 359, a person who commits an offence against the Act can be liable to a fine of up to 5,000 penalty units or imprisonment for up to ten years, or both. These penalties serve as deterrents to non-compliance and ensure that the security of aviation transport is maintained. The revocation of the previous declaration and the re-establishment of Mount Gambier Airport as a security controlled airport, along with the establishment of its airside area, emphasises the importance of adhering to the Act's provisions. The notice ensures that all relevant parties are aware of the updated status and boundaries of the airport's security-controlled areas. Compliance with these provisions is essential to uphold the security and integrity of Australia's aviation transport system.