Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Sunshine Coast Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at airports to safeguard against acts of unlawful interference with civil aircraft and other security threats in the aviation sector. This Act was introduced by the Parliament of Australia, reflecting a policy objective to enhance the security of Australia's aviation transport infrastructure. One of the key mechanisms established under this Act is the ability to designate airports as security controlled airports, which involves the implementation of specific security measures to protect the airside areas of these airports. The revocation of a previous declaration and the subsequent re-establishment of Sunshine Coast Airport as a security controlled airport, as evidenced by the Notice published in the Gazette on 21 January 2021, demonstrates the ongoing commitment to maintaining stringent security protocols and adapting to the evolving security landscape. This action underscores the flexibility and responsiveness of the Act in addressing the dynamic security needs of Australia's aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 governs the security of aviation transport in Australia, applying to security controlled airports, their airside areas, and the associated personnel, entities, and operations within these areas. The Act aims to prevent acts of unlawful interference with civil aviation and to ensure the safety of persons and property in the aviation sector. It applies to airports designated as security controlled under the Act, which includes the Sunshine Coast Airport as per the recent declaration. The geographic reach of the Act is national, with its provisions extending to all designated airports across Australia. The Act includes provisions for subordinate instruments, which may further define the application and enforcement of its provisions, including specific security measures and operational protocols. The declared airside area of Sunshine Coast Airport is subject to stringent security controls, including restrictions on unauthorised access and activities, and mandates compliance with security regulations for all persons and entities operating within the designated area. The Act provides for exclusions and exemptions where necessary, but these are not specified in the provided text.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions that allow for the declaration of an airport as a security controlled airport and the establishment of an airside area. Section 28(2) of the Act provides the authority to revoke or declare such designations, as evidenced by Notice NTC-20298, which revokes the previous declaration for Sunshine Coast Airport (section 28(2)). The same section also allows for the establishment of an airside area, as detailed in section 29. This notice, published in the Commonwealth of Australia Gazette, indicates the boundaries of the airport and the airside area, as shown on the attached map. Under the Act, the obligations imposed on the parties and entities governed by these provisions include adhering to the security protocols and regulations outlined within the Act. The declaration of Sunshine Coast Airport as a security controlled airport mandates that stringent security measures be implemented, overseen by the Assistant Director, Transport Security Operations, as outlined in the Act (section 28(2)). The establishment of an airside area further delineates specific zones within the airport that are subject to heightened security measures and restricted access (section 29). These obligations are designed to ensure the safety and security of air transport operations. The Act also stipulates the consequences for non-compliance with its provisions. Section 32 of the Act outlines various offences that can be committed, including unauthorized access to a security controlled airport or airside area. Breaches of these provisions can lead to civil or criminal penalties. For instance, section 33 of the Act provides for a maximum penalty of 5,000 penalty units or imprisonment for five years, or both, for offences related to unauthorized access. These penalties underscore the importance of adhering to the security protocols and regulations established by the Act. The Notice remains in force until it is revoked in writing and subsequently published in the Gazette, ensuring that any changes to the security status of the airport are clearly communicated and enforced.