NTC-21287
Aviation Transport Security Act 2004
NOTICE OF DECLARATION OF SECURITY CONTROLLED AIRPORT AND ESTABLISHMENT OF AIRSIDE AREA – OLYMPIC DAM AIRPORT – NTC-21287
I, RACHEL DE KROON, Acting Assistant Director, Transport Security Operations, Aviation and
Maritime Security Division:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), Notice
NTC-19215 which declared Olympic Dam Airport as a security controlled airport as published in the
Gazette (C2020G00582, 16 July 2020);
DECLARE, under subsection 28(2) of the Act, that Olympic Dam Airport is a security controlled
airport, the boundaries of Olympic Dam Airport are shown on the attached map which forms part of
this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Olympic Dam Airport being
that area indicated as the airside area on the attached map.
This Notice commences upon publication in the Gazette.
Date: 29 June 2021
Rachel de Kroon
Delegate of the Secretary of the
Department of Home Affairs
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette
Overview
The Aviation Transport Security Act 2004 (the Act) was enacted to address the need for stringent security measures within Australia’s aviation transport sector to protect against threats to civil aviation and national security. This Act is administered by the Parliament of Australia and its overarching policy objective is to ensure the security of aviation transport in a manner that facilitates the free flow of passengers and cargo while maintaining a high standard of protection. In this context, the Act provides the legislative framework for the declaration of security controlled airports and the establishment of airside areas, ensuring that these zones are subject to the necessary security protocols. This particular legislative instrument revokes the previous declaration concerning Olympic Dam Airport and reinstates it as a security controlled airport, with specific boundaries and an airside area clearly defined in the accompanying map. This ensures that the airport adheres to the stringent security measures mandated by the Act, thereby reinforcing the protection of aviation transport within Australia.
Scope and Application
The Aviation Transport Security Act 2004 (the Act) applies to the regulation of security measures at designated airports to protect against acts of unlawful interference with civil aviation. This Act, administered by the Department of Home Affairs, applies to persons and entities involved in the aviation industry, including airlines, airport operators, and other entities operating within the boundaries of a security controlled airport. The geographic reach of the Act is national, with the Commonwealth having the authority to designate airports as security controlled airports and to establish airside areas within those airports. The revocation of the previous notice and the subsequent declaration of Olympic Dam Airport as a security controlled airport under the Act, along with the establishment of the airside area, are specified in this Gazette notice and reflect the Commonwealth's jurisdiction over aviation security. The Act's application can be further extended or restricted through subordinate instruments, such as regulations and notices, which may detail specific security measures and exemptions. This particular notice, NTC-21287, revokes the previous notice NTC-19215 and sets out the new boundaries and airside area for Olympic Dam Airport, which will remain in effect until otherwise revoked in writing and upon subsequent publication in the Gazette.
Key Provisions
The Aviation Transport Security Act 2004 (the Act) contains provisions that govern the security of airports within Australia, including the ability to declare an airport as a security controlled airport (section 28(2)) and to establish airside areas (section 29). In this instance, the Notice issued under the authority of the Act revokes a previous declaration (NTC-19215) and establishes Olympic Dam Airport as a security controlled airport with specific boundaries (section 28(2)). Additionally, the Notice defines the airside area of the airport, delineating the specific areas subject to enhanced security measures (section 29).
The obligations imposed by the Act on parties or entities it governs include compliance with the security measures and protocols established for security controlled airports. This encompasses adherence to regulations pertaining to access control, surveillance, and other security-related activities within the defined airside area. The establishment of a security controlled airport and its airside area mandates that all relevant parties, including airport operators, airlines, and passengers, must abide by the security standards and protocols as outlined in the Act. This includes the implementation of security checks, baggage screening, and other necessary measures to safeguard the airport and its operations.
Breaches of the provisions outlined in the Act may result in various civil and criminal consequences. The Act does not specify maximum penalties within this Notice; however, generally, breaches of aviation security regulations can lead to substantial fines and imprisonment. Civil penalties may be imposed by the relevant authorities for non-compliance, and criminal offences can result in significant fines and/or imprisonment, depending on the severity of the breach and the discretion of the court. It is imperative that all parties comply with the Act to avoid any potential legal ramifications.