A05360
Aviation Transport Security Act 2004
NOTICE OF REVOCATION OF A SECURITY CONTROLLED AIRPORT AND ITS BOUNDARIES, AIRSIDE AREA AND AIRPORT CATEGORISATION – KALBARRI AERODROME
I, PAULINE MARGARET SULLIVAN, General Manager, Transport Security Operations, Office of Transport Security:
REVOKE, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), the declaration of Kalbarri Aerodrome as a security controlled airport and establishment of its boundaries and airside area as published in the Gazette (No.GN 8, 2 March 2005).
REVOKE, under subsection 28(6) of the Act, Notice A02624 which assigned Kalbarri Aerodrome as a Category 6 security controlled airport, as published in the Gazette (No. S 229, 22 December 2011).
Date 14 January 2014
Pauline Margaret Sullivan
Delegate of the Secretary of the
Department of Infrastructure and Regional Development
Overview
The Aviation Transport Security Act 2004 was enacted to provide for the security of civil aviation transport against acts of unlawful interference and to facilitate the safe and efficient movement of people and goods by air. This Act was introduced to address the growing need for stringent security measures in the aviation sector to protect against terrorism and other forms of unlawful interference. The Act was enacted by the Parliament of Australia and its overarching policy objective is to ensure the security of the nation's aviation transport infrastructure. In a recent revocation notice published under this Act, the declaration of Kalbarri Aerodrome as a security controlled airport and its boundaries, along with its categorisation as a Category 6 airport, have been revoked by Pauline Margaret Sullivan, the General Manager, Transport Security Operations in the Office of Transport Security, Department of Infrastructure and Regional Development. This revocation, effective from 14 January 2014, signifies a change in the security requirements and regulatory oversight for Kalbarri Aerodrome under the Act.
Scope and Application
The Aviation Transport Security Act 2004 applies to various entities and persons involved in aviation transport within Australia, including airports, airlines, and other aviation-related entities. This Act aims to enhance aviation security by establishing a framework for security controls, risk assessments, and incident management. The Act has a broad jurisdictional reach, applying to all airports designated as security controlled airports under the Act, which include both international and domestic airports. This revocation of Kalbarri Aerodrome as a security controlled airport and its associated boundaries and airside areas, along with its categorisation as a Category 6 airport, effectively removes these specific requirements and controls from Kalbarri Aerodrome. Notably, this revocation does not alter the applicability of the Act to other airports still designated as security controlled under the legislation. The revocation is effective as of 14 January 2014, and any subordinate instruments or regulations that pertain specifically to Kalbarri Aerodrome's security controls are consequently rendered inapplicable to the aerodrome.
Key Provisions
The Aviation Transport Security Act 2004 (the Act) outlines the framework for aviation security in Australia, with significant sections governing the classification and security of airports. Specifically, section 28(2) allows for the revocation of a security controlled airport's status and its boundaries, while section 28(6) enables the revocation of a security category assignment for an airport. In the context of Kalbarri Aerodrome, these sections have been invoked to revoke its status as a security controlled airport and its airside area boundaries, as well as its classification as a Category 6 security controlled airport.
The Act imposes obligations on the relevant authorities to ensure the security of designated airports. These include the responsibility of the General Manager, Transport Security Operations, to classify airports and determine their security requirements. The revocation of Kalbarri Aerodrome's status and category signifies a reassessment of its security needs, potentially reflecting changes in threat levels, operational practices, or other relevant factors that have led to the decision to declassify the aerodrome.
Breaching the provisions of the Act can lead to serious consequences. While the specific section does not detail penalties for non-compliance, the Act generally provides for both civil and criminal penalties for breaches of its provisions. Civil penalties may include fines up to a maximum of $22,200 for individuals and $111,000 for corporations, as per the general civil penalty provisions in the Act. Criminal penalties can also be imposed for more severe breaches, with fines and imprisonment terms varying according to the nature and severity of the offence. The revocation of Kalbarri Aerodrome's security status is a significant administrative action, likely reflecting underlying compliance with the Act's security requirements or a re-evaluation of the aerodrome's security posture.