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

Overview

The Aviation Transport Security Act 2004 was enacted to establish a comprehensive framework for the security of aviation transport in Australia. This legislation was introduced to address the critical need for stringent security measures in response to the growing threats to aviation safety and security, both domestically and internationally. The Act was passed by the Parliament of Australia and its primary policy objective is to protect Australia's aviation system from acts of unlawful interference, thereby ensuring the safety and security of passengers, crew, and aircraft. This Act empowers the Australian Government to implement and enforce security measures at airports and on aircraft to mitigate risks associated with aviation transport. On 8 April 2020, a Notice of Declaration of Security Controlled Airport and Establishment of Airside Area was issued under the Act, revoking the previous declaration for Perth Airport and re-establishing it as a security controlled airport. The Notice, signed by Damon Barrett, Acting Director, Transport Security Operations, Aviation and Maritime Security Division, delineates the boundaries of the airport and the airside area, both of which are detailed in the attached maps. This re-establishment of the security status ensures that Perth Airport continues to meet the stringent security standards mandated by the Act, thereby safeguarding the aviation transport infrastructure within the specified area.

Scope and Application

The Aviation Transport Security Act 2004, which governs aviation security in Australia, applies to various entities and individuals involved in the aviation industry, including airlines, airports, and airport operators. This Act extends to all Commonwealth, state, and territory airports, encompassing a broad range of activities and transactions related to aviation security. The Act also includes provisions that allow for the establishment of security controlled airports through subordinate instruments, enabling the declaration of specific areas within airports as security-controlled zones. This is evident in the notice revoking and re-declaring Perth Airport as a security controlled airport and establishing an airside area, as published in the Gazette. The declared areas and boundaries are detailed in accompanying maps, which are integral to the notice. Any exclusions or exemptions from the Act's requirements must be explicitly stated within the legislative text or through specific provisions within subordinate instruments. This declaration and establishment are effective immediately upon publication in the Gazette and remain in force until revoked in writing and published subsequently in the Gazette.

Key Provisions

The primary operative sections of the Aviation Transport Security Act 2004, as evidenced by the Notice NTC-18494, include the revocation of the previous declaration (subsection 28(2)) and the establishment of a new declaration for Perth Airport as a security controlled airport (subsection 28(2)) alongside the establishment of an airside area (section 29). These sections are crucial in legally defining the parameters and security measures that need to be implemented at Perth Airport. Specifically, the Act revokes the previous notice (NTC-14511) that had previously designated Perth Airport as a security controlled airport and then issues a new notice that re-establishes this status. Furthermore, it delineates the boundaries of the airport and the airside area through the maps attached to the notice. The Act imposes specific obligations and requirements on parties and entities involved with Perth Airport. Firstly, it requires the airport to implement stringent security measures as outlined by the Act. This includes ensuring that all areas within the declared airside area are secured and controlled to prevent unauthorised access and potential threats. Additionally, the airport must comply with any further regulations or directives issued under the Act to maintain the security status of the airport. This may involve regular audits, reporting to authorities, and cooperation with security personnel. There are significant consequences for breaches of the Act. Any non-compliance with the security requirements or the failure to adhere to the stipulated boundaries of the airport or airside area can lead to serious penalties. Under the Act, breaches may result in both civil and criminal consequences. For example, individuals or entities found in violation of the Act could face substantial fines. The exact penalties are not specified in the notice, but typically under aviation security laws, these can be severe, reflecting the critical nature of ensuring the safety and security of airports. The enforcement of these penalties aims to deter non-compliance and ensure the highest standards of aviation security are maintained at Perth Airport.