NTC-21827 – Declaration of Security Controlled Airport and Establishment of Airside Area – Horn Island Airport

Overview

The Aviation Transport Security Act 2004, enacted by the Commonwealth Parliament, aims to provide for the security of aircraft and airports to prevent acts of unlawful interference. The Act was introduced to address the growing need for stringent aviation security measures in response to global terrorist threats and other criminal activities that could compromise the safety and security of air transport. This legislation empowers the Department of Home Affairs to designate specific airports as security controlled airports and establish airside areas, which are critical in ensuring the protection of aircraft and passengers from potential threats. The policy objective behind the Act is to safeguard Australia's aviation infrastructure, maintaining high standards of security to protect lives and property. By declaring Horn Island Airport as a security controlled airport, the Department of Home Affairs ensures that appropriate security measures are implemented and enforced within the designated airside area, thereby contributing to the overall security framework of Australian aviation.

Scope and Application

The Aviation Transport Security Act 2004 applies to security controlled airports, including Horn Island Airport, as declared under this Act, and regulates the establishment of airside areas within these airports. The Act, administered by the Department of Home Affairs, applies to any person or entity conducting activities at a security controlled airport, ensuring adherence to security measures and regulations aimed at safeguarding air transport. The geographic reach of the Act is national, governing all airports designated as security controlled within the Commonwealth of Australia. This includes both Commonwealth and non-Commonwealth airports where security measures are mandated under federal legislation. The Act also allows for the establishment of subordinate instruments to extend or refine its application, such as regulations specifying security protocols or designating additional airside areas. However, the Act does not detail specific exclusions or exemptions, implying that its application is broad unless otherwise specified through subordinate legislation. This notice revokes a previous declaration and establishes new boundaries and an airside area for Horn Island Airport, effective upon its publication in the Gazette.

Key Provisions

The main operative sections of the notice include the revocation of the previous declaration of Horn Island Airport as a security controlled airport, the declaration of Horn Island Airport as a security controlled airport, and the establishment of an airside area for Horn Island Airport. These provisions are set out in subsections 28(2) and 29 of the Aviation Transport Security Act 2004 (the Act) (subsections 28(2) and 29). The notice revokes the previous declaration of Horn Island Airport as a security controlled airport and establishes a new declaration, with the boundaries of the airport and the airside area indicated on an attached map. The notice also establishes an airside area for Horn Island Airport, which is defined as the area indicated on the attached map. The Act imposes obligations and requirements on the parties or entities it governs. For example, the Act requires that security controlled airports, such as Horn Island Airport, have appropriate security measures in place to protect against acts of unlawful interference. The Act also requires that airside areas, such as the airside area established for Horn Island Airport, are properly secured and controlled. These obligations and requirements are designed to ensure the safety and security of aviation transport in Australia. The Act also sets out offences, penalties, and civil/criminal consequences for breach. For example, under section 33 of the Act, it is an offence to contravene a direction given by the Secretary under the Act, and the maximum penalty for this offence is 10,000 penalty units or imprisonment for five years, or both. Under section 34 of the Act, it is an offence to fail to comply with a requirement or prohibition under the Act, and the maximum penalty for this offence is 5,000 penalty units or imprisonment for three years, or both. These penalties are designed to deter non-compliance with the Act and to ensure that appropriate action is taken against those who breach the Act's provisions. In summary, the notice revokes the previous declaration of Horn Island Airport as a security controlled airport and establishes a new declaration, with the boundaries of the airport and the airside area indicated on an attached map. The Act imposes obligations and requirements on the parties or entities it governs, including the requirement to have appropriate security measures in place at security controlled airports and to properly secure and control airside areas. The Act also sets out offences, penalties, and civil/criminal consequences for breach, with maximum penalties of up to 10,000 penalty units or imprisonment for five years, or both, for contravening a direction given by the Secretary, and up to 5,000 penalty units or imprisonment for three years, or both, for failing to comply with a requirement or prohibition under the Act.