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

Overview

The Aviation Transport Security Act 2004 was enacted to enhance the security of Australia's aviation transport system, addressing the need for robust measures to protect against acts of unlawful interference and other security threats. The Act was introduced by the Commonwealth Parliament with the primary policy objective of ensuring that appropriate security controls are applied at designated airports to safeguard the nation's aviation infrastructure and the safety of passengers and crew. This legislation provides the framework for designating security controlled airports and establishing airside areas where heightened security measures are mandatory. On 18 November 2020, Jaran Blethyn, as a Delegate of the Secretary of the Department of Home Affairs, issued a notice under the Act to revoke the previous declaration of Roma Airport as a security controlled airport and to re-establish it with updated boundaries and an airside area, as depicted in the accompanying maps. This action is part of the ongoing efforts to maintain and update security arrangements at Australian airports to effectively counter emerging threats.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) pertains to the regulation of aviation security within Australia, with its scope and application extending to designated airports and their associated airside areas. This legislation applies to persons, entities, and conduct directly related to the security of aviation transport. Specifically, it governs the establishment and maintenance of security measures at airports identified as security controlled, which are crucial for protecting the integrity of Australia's air transport system. The Act applies to the Commonwealth jurisdiction, meaning it is a federal law that is uniformly enforced across all states and territories in Australia. The revocation and declaration of security controlled airports, such as Roma Airport, are within the purview of the Act, with the Assistant Director, Transport Security Operations, having the authority to establish and modify the boundaries of airside areas through gazetted notices. Exclusions or exemptions from the Act's application are not detailed in the provided text, but it is likely that specific exclusions are defined elsewhere within the Act or through subordinate instruments. The Act’s reach is extended through subsidiary legislation and notices, such as the one revoking and re-declaring Roma Airport as a security controlled airport, which further define the operational scope and geographical boundaries of security measures.

Key Provisions

The main operative sections of this Notice, under the Aviation Transport Security Act 2004 (the Act), are sections 28(2) and 29. Section 28(2) allows for the revocation of a previous declaration, while section 29 permits the establishment of an airside area for a security controlled airport. Section 28(2) of the Act is used here to revoke the previous declaration (Notice NTC-13438) that classified Roma Airport as a security controlled airport. This revocation is effective from the date of the publication of this Notice in the Gazette (C2020G00931, 18 November 2020). Concurrently, section 28(2) is also utilised to declare Roma Airport as a security controlled airport, with the boundaries of the airport as defined on the maps attached to this Notice. Section 29 of the Act is then applied to establish an airside area for Roma Airport, with the specific area delineated on the attached maps. The obligations imposed by this Notice on the relevant parties, primarily the operator of Roma Airport and any individuals or entities accessing the airside area, include strict adherence to the new security measures and protocols as dictated by the Act. These measures may encompass a range of security checks, access controls, and possibly restrictions on the movement of goods and people within the newly designated airside area. Additionally, the operator of Roma Airport is mandated to ensure compliance with any further directives or regulations issued by the Department of Home Affairs under the Act. The Act includes provisions for various offences and penalties for non-compliance with its requirements. Section 319 of the Act, for instance, sets out the criminal penalties for offences related to aviation security. The maximum penalty for a serious offence, such as knowingly providing false or misleading information, can be up to 10 years imprisonment. For less serious offences, the penalty can be up to 5 years imprisonment, or a fine of up to 7,500 penalty units, or both. Furthermore, civil penalties can also be imposed for breaches of the Act, with fines up to 22,500 penalty units for corporations and 4,500 penalty units for individuals, depending on the severity of the breach. These penalties underscore the importance of strict adherence to the Act’s provisions by all relevant parties.