Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Perth 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, ensuring the safety and security of air travel. The Act provides a comprehensive framework for the implementation of security measures at airports and on aircraft, establishing protocols to protect against acts of unlawful interference with civil aviation. The policy objective of the Act is to safeguard the national aviation system and to align Australia’s aviation security practices with international standards. In the context of Perth Airport, the Act allows for the declaration of the airport as a security controlled airport and the establishment of an airside area, thereby ensuring that specific security measures are implemented and enforced to maintain the integrity of the airport's operations. This legislative measure underscores the commitment to maintaining high security standards in Australia's aviation infrastructure.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to entities and individuals involved in the aviation transport sector, particularly focusing on security measures to safeguard aircraft, passengers, and airport infrastructure. The Act mandates that certain airports, such as Perth Airport, be designated as security controlled airports, ensuring adherence to stringent security protocols. This includes the establishment of airside areas, which are zones within the airport that are subject to heightened security measures to prevent unauthorised access and potential threats. The geographic reach of the Act extends across the Commonwealth of Australia, ensuring a consistent application of security standards across all airports within its jurisdiction. The Act does not specify exclusions or exemptions but allows for the revocation of previous declarations and the establishment of new security-controlled airports through notices published in the Commonwealth of Australia Gazette. Additionally, the Act can extend its application through subordinate instruments, which provide further details on the implementation and enforcement of security measures. This Notice, published in the Gazette on 9 December 2020, revokes the previous declaration for Perth Airport and re-establishes it as a security controlled airport, with the boundaries and airside area specified in the attached maps.

Key Provisions

The main operative sections of the notice revolve around the revocation of the previous declaration of Perth Airport as a security controlled airport, the declaration of Perth Airport as a security controlled airport, and the establishment of an airside area for Perth Airport. Specifically, under subsection 28(2) of the Aviation Transport Security Act 2004, Notice NTC-19366 is revoked, which had previously declared Perth Airport as a security controlled airport. Subsequently, under the same subsection, a new declaration is made, identifying Perth Airport as a security controlled airport with its boundaries as shown on the attached maps. Furthermore, section 29 of the Act is invoked to establish an airside area for Perth Airport, with the specific area being outlined on the attached map. The obligations and requirements imposed by the Act on the parties or entities it governs primarily focus on ensuring the security of the declared airport. This includes the implementation and enforcement of stringent security measures and protocols within the newly declared airside area of Perth Airport. Entities such as airlines, airport operators, and other relevant stakeholders must comply with the security standards and regulations stipulated by the Act to maintain the integrity of the air transport security framework. Additionally, the declaration of the airside area necessitates that all activities within this zone adhere to the specific security requirements, ensuring that the airport operations are conducted in a manner that aligns with national security objectives. Breach of the provisions outlined in the Aviation Transport Security Act 2004 can result in significant consequences, both civil and criminal. Offences under the Act may include unauthorised access to the airside area, failure to comply with security measures, and other actions that compromise the security of the airport. The Act stipulates penalties for such breaches, with maximum penalties being imposed based on the severity of the offence. For instance, individuals or entities found guilty of serious security violations may face substantial fines and, in severe cases, imprisonment. These penalties serve as deterrents, ensuring that all parties involved adhere to the stringent security protocols mandated by the Act.