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

Overview

The Aviation Transport Security Act 2004 (the Act) was enacted to enhance the security of Australia's civil aviation and to provide for the control of certain activities at airports. The Act was introduced to address the need for stringent security measures in response to evolving global security threats to civil aviation. Enacted by the Parliament of Australia, the policy objective of the Act is to ensure the safety and security of air transport and to protect persons and property against acts of unlawful interference. This legislative framework empowers the establishment and control of security measures at designated airports, ensuring a coordinated approach to safeguarding Australia's aviation infrastructure. The Act enables the declaration of airports as security controlled, thereby establishing controlled zones and implementing stringent security protocols to mitigate potential risks to aviation safety and security.

Scope and Application

The Aviation Transport Security Act 2004, as applied through the revocation of Notice NTC-17131 and the issuance of Notice NTC-19737, designates Whitsunday Coast Airport as a security controlled airport. This Act applies to the airport and its surrounding airside area, the boundaries of which are precisely outlined in the attached maps included in the Gazette. The Act mandates stringent security protocols for these areas to ensure the safety and security of aviation operations. The application of this Act is national, extending across the Commonwealth of Australia and governed by the Department of Home Affairs. The Act does not specify any exclusions or exemptions but outlines thresholds and criteria for the classification of airports as security controlled. The scope of the Act is further defined and may be expanded through subordinate instruments, which allow for the specification of detailed security measures and procedures to be implemented at these airports. This Notice is effective from the date of its publication in the Gazette and will remain in force until formally revoked.

Key Provisions

The key operative sections of the Aviation Transport Security Act 2004 (the Act) relevant to this notice pertain to the declaration of security controlled airports and the establishment of airside areas. Specifically, section 28(2) provides the authority to declare an airport as a security controlled airport, while section 29 empowers the establishment of an airside area. The Assistant Director, Transport Security Operations, Michael Gray, has exercised these powers to revoke the previous declaration (NTC-17131) and establish new boundaries and an airside area for Whitsunday Coast Airport. Under this declaration, Whitsunday Coast Airport is designated as a security controlled airport, as per the Act. The boundaries of this airport are detailed on the attached maps titled Aerodrome Security Plans Map 1, which are integral parts of this notice. The airside area is also defined in these maps, specifically the area shaded in grey on Map 1 and the expanded inset view on Map 2. These maps and the notice, which comes into effect upon publication in the Gazette, provide clear guidance on the extent of the airport and its airside area. The Act imposes several obligations and requirements on the parties and entities governed by it. The primary obligation is the implementation of stringent security measures to protect the declared security controlled airport and its airside area. This includes adhering to the boundaries and areas specified in the notice, ensuring that all security protocols are followed, and maintaining the integrity of the airside area as defined. The notice serves to inform and guide these entities on the specific requirements they must meet to comply with the Act. Breach of the provisions outlined in the Act can lead to both civil and criminal consequences. The maximum penalties for contravening the Act are detailed within the legislation itself, although the specific penalties are not outlined in this notice. Generally, the Act provides for substantial fines and potential imprisonment for serious breaches, reflecting the critical nature of aviation security. Civil penalties may also apply for non-compliance, and enforcement actions can be taken against entities or individuals who fail to meet the requirements of the Act.