Notice of Declaration of Security Controlled Airport and Establishment of Airside Area - Sunshine Coast Airport Pty Ltd

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures within the aviation sector, particularly concerning the protection of passengers, aircraft, and airport infrastructure against acts of unlawful interference. The Act aims to ensure the safety and security of aviation transport in Australia, thereby contributing to the broader objective of maintaining national security and protecting the public from terrorist activities and other threats to aviation. The Act provides a framework for the implementation of security measures at airports, including the designation of airports as security controlled, which involves establishing specific areas where heightened security protocols must be enforced. This legislative instrument, issued by the Acting Director, Transport Security Operations, Aviation and Maritime Security Division, under the authority delegated by the Secretary of the Department of Home Affairs, serves to revoke a previous declaration concerning Sunshine Coast Airport Pty Ltd and to establish new boundaries and an airside area for the airport, as depicted on attached maps. The policy objective of this action is to ensure that the airport complies with the stringent security requirements outlined in the Act, thereby safeguarding the aviation transport system against potential security threats. The notice, published in the Gazette, signifies the official status of the airport under the Act, and it comes into effect upon publication.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in the aviation industry, including airports, airlines, and other entities operating within the airside area of an airport. The Act establishes the legal framework for aviation security measures in Australia and applies to Commonwealth, state, and territory jurisdictions. The Act's application is not limited to any specific geographic area but extends to all airports that handle commercial air transport services in Australia. The Act also applies to any person or entity conducting activities that could pose a security threat to aircraft or passengers. The Act's application is not restricted by any stated exclusions or exemptions, and it extends to all airports that are declared as security controlled airports under the Act. The Act also provides for the establishment of airside areas, which are areas within an airport that are subject to security measures. The boundaries of these areas are established by the Secretary of the Department of Home Affairs and are depicted on maps that are attached to notices published in the Gazette. Subordinate instruments may be used to extend or restrict the application of the Act, such as regulations that establish specific security measures or procedures for airports or airlines. The Act provides for the revocation of previous declarations and the establishment of new airside areas, as demonstrated in the recent revocation of the previous declaration for Sunshine Coast Airport Pty Ltd and the establishment of a new airside area for the airport.

Key Provisions

The key provisions of the notice (NTC-18121) under the Aviation Transport Security Act 2004 involve the revocation and re-declaration of Sunshine Coast Airport Pty Ltd as a security controlled airport, alongside the establishment of its airside area. Section 28(2) of the Act allows the Acting Director, Transport Security Operations, to revoke a previous declaration (NTC-17175) that designated Sunshine Coast Airport Pty Ltd as a security controlled airport, which was previously published in the Gazette on 25 October 2019 (C2019G00986). Following this revocation, the same subsection 28(2) is used to declare that Sunshine Coast Airport Pty Ltd is again a security controlled airport, with the boundaries of the airport being specified in the attached maps included with the notice. Additionally, section 29 of the Act facilitates the establishment of the airside area for the airport, which is also detailed in the accompanying maps. The obligations imposed by this notice on Sunshine Coast Airport Pty Ltd, as well as any other entities operating within the airport, include compliance with all security regulations and protocols established under the Act. This encompasses a range of activities, from physical security measures to procedural compliance, ensuring that all aspects of airport operations adhere to the stringent security standards required for a security controlled airport. The establishment of the airside area, in particular, delineates the zones within the airport that are subject to enhanced security measures, requiring all personnel and activities within these zones to be properly authorised and monitored. Failure to comply with the provisions of the Aviation Transport Security Act 2004 may result in various consequences. For individuals or entities found in breach of the Act, there are potential criminal and civil penalties. The severity of these penalties can vary depending on the nature and extent of the offence, but they may include fines and imprisonment. Specifically, the Act provides for maximum penalties that can be imposed, although the exact figures are not detailed in this notice. It is imperative for all parties governed by the Act to adhere strictly to the stipulated requirements to avoid facing these legal repercussions.