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

Overview

The Aviation Transport Security Act 2004 was enacted to address the critical need for stringent security measures within the aviation sector to safeguard against terrorism and other threats to air transport. This legislation was introduced by the Parliament of Australia to ensure that robust security protocols are implemented at airports and on aircraft, thereby protecting passengers, crew, and the general public. The policy objective of the Act is to establish a comprehensive framework for aviation security, which includes the designation of security controlled airports and the establishment of airside areas where heightened security measures are enforced. In the context of the provided document, the Act is utilised to revoke and subsequently re-declare Perth Airport as a security controlled airport, as well as to establish an airside area within the airport premises. This action is taken by Lachlan Carl Phillips, acting as a delegate of the Secretary of the Department of Infrastructure and Transport, under the authority granted by section 28 and section 29 of the Act. The notice of revocation and re-declaration is effective upon its publication in the Gazette, ensuring that the security measures are promptly updated and enforced in line with the legislative requirements.

Scope and Application

The Aviation Transport Security Act 2004 applies to entities involved in aviation activities within Australia, including airlines, airports, and other entities providing services that affect the security of aircraft and passengers. The Act imposes stringent security requirements on these entities to protect against threats to civil aviation. It mandates security measures for aircraft, passengers, and airport operations, ensuring that all aviation activities within Australia adhere to the prescribed security standards. The Act’s jurisdiction extends across the Commonwealth, encompassing all states and territories, thereby establishing a unified approach to aviation security throughout the nation. While the Act primarily targets aviation-related activities, it does not extend to all forms of transport and is limited to areas specifically designated as airside areas within airports, as defined by the Act or subsequent declarations. The Act’s application may be further refined through subordinate legislation, which can provide detailed specifications and additional security measures as needed.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) has several key sections that are relevant to this Notice of Revocation/Declaration of Security Controlled Airport and Airside Area for Perth Airport. Section 28 of the Act allows for the declaration of an airport as a security controlled airport, and this is the section that is being exercised in this notice. Section 29 of the Act allows for the establishment of an airside area for a security controlled airport, which is also being done in this notice. Under the Act, the obligations and requirements imposed on parties or entities governed by the Act include ensuring that appropriate security measures are in place to protect against acts of unlawful interference with civil aircraft and to prevent the introduction of dangerous articles onto aircraft. This includes ensuring that only authorised personnel have access to the airside area of a security controlled airport. The Act also requires that the Minister for Infrastructure and Transport maintain a list of security controlled airports and their associated airside areas, and that this list be published in the Gazette. There are several offences and penalties associated with the breach of the Act, including the unauthorised possession of dangerous articles on aircraft, the unauthorised entry onto the airside area of a security controlled airport, and the unauthorised possession of explosives or dangerous articles. The maximum penalties for these offences vary depending on the offence, but can include imprisonment for up to 20 years, fines of up to $220,000 for individuals and $1.1 million for corporations, or both. In addition to criminal penalties, the Act also provides for civil penalties for breaches of certain provisions, including the unauthorised possession of dangerous articles on aircraft. Overall, the Act imposes strict obligations and requirements on parties and entities governed by the Act, with significant penalties for breach. The Notice of Revocation/Declaration of Security Controlled Airport and Airside Area for Perth Airport is a specific application of the Act to a particular airport, and establishes the airside area for that airport as a security controlled area.