Notice of Revocation of Security Controlled Airport Status and Security Controlled Airport Category

Overview

The Aviation Transport Security Act 2004 (the Act) was enacted by the Parliament of Australia to address the need for stringent security measures at airports to safeguard against acts of unlawful interference with civil aviation. This legislation establishes a framework for the security of aviation, including the designation of security controlled airports, which are airports where enhanced security measures are required. The Act empowers the Minister for Home Affairs to designate airports as security controlled and to assign them a security controlled airport category based on the level of risk. The revocation of the security controlled airport status and category for specific airports, as noted in the Gazette notice issued by Karen Peevor, Assistant Director, Transport Security Operations, signifies a reassessment of the security risk levels associated with these airports. This revocation aims to ensure that the security measures in place are proportionate to the actual risk, thereby optimising the allocation of resources and maintaining the integrity of Australia's aviation security framework.

Scope and Application

The Notice of Revocation of Security Controlled Airport Status and Security Controlled Airport Category applies to the airports specified in the tables of the notice. These airports, previously classified as security controlled airports, are Bourke Aerodrome, Curtin Aerodrome, Derby Airport, Inverell Airport, Shark Bay Airport, and Thangool Aerodrome. The revocation affects the status and categories assigned to these airports under the Aviation Transport Security Act 2004. The notice cancels the previous Gazette notices that listed these airports as security controlled airports and removes their assigned security controlled airport categories. The revocation is carried out under the authority of the Assistant Director, Transport Security Operations, Aviation and Maritime Security, as delegated by the Secretary of the Department of Home Affairs. This revocation takes effect on the date of publication of the notice and applies nationally across Australia, as it concerns federal aviation security regulations. There are no specific exclusions, exemptions, or thresholds mentioned in the notice itself, though the Act may provide for such provisions in other sections or through subordinate instruments.

Key Provisions

The main operative sections of this legislation are subsections 28(2) and 28(6) of the Aviation Transport Security Act 2004. Subsection 28(2) empowers the Assistant Director, Transport Security Operations, Aviation and Maritime Security, to revoke the declaration of certain airports as security controlled airports. Subsection 28(6) allows for the revocation of the assigned security controlled airport category for these same airports. The Notice of Revocation specifies that the status of the airports listed in Table 1 and the categories assigned to the airports in Table 2 are revoked, with references to the Gazette notices that originally declared and assigned these statuses and categories. The Act imposes specific obligations and requirements on the parties involved. The Assistant Director must follow the procedures outlined in the Act to ensure the revocation is legally sound and justified. The airports affected by this revocation must now comply with any new security measures or requirements that may be imposed in the future, which could differ from those previously assigned. Additionally, stakeholders such as airlines, passengers, and other airport users must be informed of these changes to ensure compliance and safety. Breaches of the provisions set out in the Aviation Transport Security Act 2004 may result in various civil or criminal consequences. While the specific penalties for non-compliance are not detailed in this Notice of Revocation, the Act generally provides for fines and imprisonment. The maximum penalties can vary depending on the severity of the offence, with potential fines reaching up to $22,200 for individuals and significantly higher amounts for corporations. The Act also allows for prosecution of offences, leading to criminal charges and potential imprisonment for breaches of security regulations.