NTC-21855 - Declaration of Security Controlled Airport And Establishment of Airside Area – Devonport Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for comprehensive security measures within Australia’s aviation sector. This Act provides a legal framework for ensuring the security of aviation transport and associated infrastructure, aiming to protect passengers, crew, and the public from potential threats. The enactment of this Act was necessitated by the growing concerns over aviation security in the wake of global terrorist activities and the need for stringent measures to safeguard civil aviation. The policy objective of the Act is to establish a robust security regime for airports and aircraft to prevent acts of unlawful interference and ensure the safety and security of the aviation transport system. The Delegate of the Secretary of the Department of Home Affairs has utilised the powers under subsection 28(2) of the Act to revoke a previous declaration that designated Devonport Airport as a security controlled airport. This revocation was followed by a new declaration that reinstates Devonport Airport as a security controlled airport, with clearly defined boundaries and an established airside area. This action ensures that the security measures outlined in the Act are appropriately applied to the airport, aligning with the overarching goal of enhancing aviation security across the nation. The notice of these changes is published in the Gazette, effective upon its publication, thereby formalising the legal status of Devonport Airport under the Act.

Scope and Application

The Aviation Transport Security Act 2004 applies to security controlled airports, their boundaries, and the establishment of airside areas within Australia. This Act applies to both persons and entities involved in the operation and security of airports designated as security controlled. It also extends to the conduct and transactions occurring within the defined airside areas of these airports, ensuring that stringent security measures are implemented to protect against potential threats to aviation security. The Act’s jurisdiction is national, covering all security controlled airports across Australia, ensuring a uniform approach to aviation security. The application of the Act may be extended or restricted through subordinate instruments, which allow for specific regulations and guidelines tailored to individual airports. Notably, exclusions or exemptions from the Act's provisions are not explicitly stated in this notice, implying that the full breadth of the Act's requirements applies to Devonport Airport unless otherwise specified in subsidiary legislation.

Key Provisions

The key provisions of this Notice under the Aviation Transport Security Act 2004 (the Act) involve the revocation of a previous declaration and the establishment of new security measures for Devonport Airport (sections 28 and 29). Specifically, the Notice revokes Notice NTC-12106, which previously designated Devonport Airport as a security controlled airport, and it now declares Devonport Airport as such again, with new boundary details provided in an accompanying map (section 28(2)). Additionally, the Notice establishes a new airside area for the airport, as indicated on the attached map (section 29). The obligations imposed by this Act on parties or entities include adherence to the newly defined boundaries and security protocols for the airport. This involves ensuring compliance with the security measures and regulations outlined in the Act. The establishment of the airside area means that strict access controls and security procedures must be implemented and maintained to protect the airport and its operations from potential threats. All entities operating within the airport, including airlines, ground service providers, and other stakeholders, must align their operations with these new security requirements. Failure to comply with the provisions of the Act may result in various consequences. Under the Act, breaches of security regulations can lead to civil or criminal penalties. For instance, knowingly or recklessly contravening a security requirement can result in a civil penalty of up to $22,200 for an individual or $111,000 for a body corporate, as stipulated in section 239 of the Act. Additionally, more serious breaches that endanger safety can lead to criminal charges, with potential penalties including fines and imprisonment. The severity of the penalty depends on the nature and impact of the breach, with maximum penalties clearly outlined in the Act to ensure accountability and deterrence.