Notice of Revocation and Declaration of Security Controlled Airport and Airside Area – Christmas Island Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures in the aviation sector, aiming to protect passengers, crew, aircraft, and the facilities operating at airports from acts of unlawful interference. The Act provides a legislative framework to implement and enforce security measures that align with international standards and best practices, thereby enhancing the overall safety and security of air transport. This legislation empowers the government to designate specific airports as security controlled airports and to establish airside areas within these airports where enhanced security measures are mandated. The enactment of this Act reflects a policy objective to safeguard the integrity of Australia's aviation infrastructure and to contribute to the global effort in preventing terrorist activities and other unlawful acts that could compromise air transport security.

Scope and Application

The Aviation Transport Security Act 2004 applies to a broad range of persons and entities involved in the aviation industry, including airlines, passengers, airport operators, and other stakeholders whose conduct or transactions may impact aviation security. The Act encompasses any activities within the air transport sector that are subject to Commonwealth regulation, particularly those activities associated with the operation of security controlled airports and airside areas. Its jurisdiction extends across the Commonwealth of Australia, thereby impacting territories and states uniformly under federal law. However, the Act allows for the exclusion of certain smaller airports or areas where the risk to aviation security is deemed minimal, as determined by the Director of Transport Security Operations. Additionally, the Act’s application can be extended or modified through subordinate instruments, such as regulations or notices, which provide further detail on specific operational aspects or security measures required within designated areas. This revocation and declaration notice specifically pertains to the status of Christmas Island Airport as a security controlled airport, outlining its boundaries and associated airside area, and is effective upon publication in the Gazette.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) includes provisions that allow the declaration and revocation of security controlled airports and the establishment of airside areas. Section 28(2) of the Act empowers the Director, Transport Security Operations to declare an airport as a security controlled airport and to revoke such a declaration. This authority is exercised in Notice S28/2009031, which revokes the previous declaration of Christmas Island Airport as a security controlled airport, as per Gazette No. GN 44 of 11 November 2009, and subsequently declares it as such again, with the specified boundaries detailed on an attached map. Section 29 of the Act further allows for the establishment of an airside area, which is also delineated on the attached map. This Notice, signed by Stephen J Weber, the Director, Transport Security Operations, and dated 11 January 2017, commences upon publication in the Gazette. Under the Act, the obligations placed on the parties involved, particularly the Director, Transport Security Operations, include ensuring that the security measures are effectively implemented and maintained for declared security controlled airports and their airside areas. This involves adherence to the security standards and protocols established under the Act. The Director must ensure that these measures are compliant with any relevant international standards and agreements, particularly those set by the International Civil Aviation Organization (ICAO). The obligations also extend to the publication of notices regarding the declaration or revocation of such areas, as well as the continuous assessment and updating of the security measures as necessary. The Act also delineates the consequences for non-compliance with its provisions. Section 47 of the Act outlines the offences that may be committed, such as unauthorised entry into a security controlled airport or airside area, or failure to comply with security requirements. The penalties for these offences can be severe, with the maximum penalties varying depending on the specific offence. For instance, under section 51 of the Act, a person found guilty of unauthorised entry into a security controlled airport may face a fine of up to $33,000 or imprisonment for up to two years, or both. Similarly, failure to comply with security requirements may result in fines of up to $66,000 for individuals, with higher penalties applicable for corporations. These penalties reflect the serious nature of the offences and the importance of adhering to the security provisions outlined in the Act.