Notice of Revocation/Declaration of Security Controlled Airport and Airside Area - Perth Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to address the need for stringent security measures at airports to safeguard against threats to civil aviation. The Act establishes a comprehensive framework for aviation security, aiming to protect passengers, aircraft, and airport operations from potential terrorist attacks and other security risks. The policy objective of the Act is to ensure that security measures at Australian airports are consistently applied and meet international standards, thereby enhancing the safety and security of the nation's air transport system. This particular revocation and declaration notice, issued by Lachlan Carl Phillips, the Acting General Manager of Transport Security Operations and a delegate of the Secretary of the Department of Infrastructure and Transport, modifies the status of Perth Airport as a security controlled airport and redefines its airside area, ensuring compliance with the provisions set forth in the Act.

Scope and Application

The Aviation Transport Security Act 2004 applies to the regulation and management of security within Australian airports, ensuring the safety and security of air transport. This Act applies to all airports in Australia that are designated as security controlled airports, including Perth Airport, as identified in this revocation and declaration notice. The Act applies to persons, entities, and industries involved in the operation of these airports, including airlines, airport operators, and security personnel, as well as to the conduct and transactions occurring within the airside areas of these airports. The geographic reach of the Act is national, extending to all airports within the Commonwealth of Australia. The Act does not specify exclusions or exemptions but allows for the establishment of specific security measures and controlled areas through subordinate instruments, as evidenced by the declaration and revocation of Perth Airport as a security controlled airport. This notice, which comes into effect upon gazette, establishes Perth Airport's airside area and confirms its status under the Act, ensuring compliance with national aviation security standards.

Key Provisions

The key provisions of the Aviation Transport Security Act 2004 (the Act) as applied in the context of the Perth Airport Notice of Revocation and Declaration of Security Controlled Airport and Airside Area (C2013G00022) are set out in sections 28 and 29. Section 28 (subsection 1) permits the declaration of an airport as a security controlled airport, while subsection 3 allows for the revocation of such a declaration. The attached map provides the geographical boundaries for Perth Airport, which is now being recognised as a security controlled airport, and section 29 of the Act is used to establish an airside area for the airport, again, as shown on the attached map. Under the Act, certain obligations and requirements are imposed on Perth Airport and related parties. As a security controlled airport, Perth Airport must adhere to stringent security protocols and measures to ensure the safety and security of all persons and property within the airport premises. This includes implementing measures to prevent unauthorised access to the airside area, which is specifically outlined in the attached map. The airport must also ensure that all personnel and third parties operating within the airport comply with these security requirements. Failure to comply with the provisions of the Act may result in civil and criminal consequences. Under section 346, any person who contravenes a provision of the Act may be liable to a civil penalty. The maximum penalty for a corporation is $210,000, while for an individual, it is $42,000. Additionally, under section 355, any person who commits an offence against the Act may be subject to criminal penalties. The maximum penalty for an individual is a fine of $5,000 or imprisonment for a term of up to 2 years, or both. For a corporation, the maximum penalty is a fine of $105,000 or imprisonment for a term of up to 5 years, or both. It is crucial that Perth Airport and all relevant parties adhere to these provisions to avoid potential legal ramifications.