NTC-22072 – Declaration of Security Controlled Airport and Establishment of Airside Area – Newcastle Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures to protect civil aviation in Australia from terrorist attacks and other threats. The Act was introduced by the Parliament of Australia and aims to establish a framework for the security of civil aviation, including the establishment of security controlled airports and airside areas, which are regions of an airport where access is restricted to prevent unauthorised individuals from gaining access to sensitive areas. The Act was a response to the increasing global threat to aviation security and sought to align Australia's aviation security measures with international standards set by the International Civil Aviation Organization (ICAO). This legislative instrument, published in the Commonwealth of Australia Gazette, revokes a previous declaration regarding Newcastle Airport's status as a security controlled airport and re-establishes it with updated boundaries and an airside area, reflecting the evolving nature of security needs in aviation.

Scope and Application

The Aviation Transport Security Act 2004, which applies to entities and persons involved in aviation transport security within Australia, has been invoked to declare Newcastle Airport as a security controlled airport. This declaration signifies that the airport now falls under stringent security measures as outlined in the Act, with a specific focus on the airside area. This geographical boundary is demarcated in the attached map that accompanies the notice, which forms an integral part of the legal instrument. The application of this Act extends to ensuring the safety and security of aviation transport operations, thereby affecting all stakeholders within the specified airside area of Newcastle Airport. Any exclusions or exemptions from the application of the Act are not specified in the notice, though it is likely that the Act's subordinate instruments might further detail such aspects. This declaration is effective from the date of its publication in the Gazette and remains in force until it is revoked by a subsequent written notice also published in the Gazette.

Key Provisions

This notice, issued under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), revokes the previous notice NTC-15229 (published in the Commonwealth of Australia Gazette, C2018G00821, 18 October 2018) that declared Newcastle Airport as a security controlled airport and replaces it with a new declaration (paragraph 1). It also formally establishes the boundaries of Newcastle Airport and the airside area within the airport, with these boundaries and areas depicted on a map attached to the notice (paragraph 2). This new notice is effective from its publication in the Gazette (paragraph 3). The obligations under this Act for Newcastle Airport, now declared as a security controlled airport, include adhering to the stringent security requirements set forth in the Act. This includes maintaining security measures to protect against acts of unlawful interference with civil aircraft, such as installing and operating security equipment, conducting background checks on personnel, and implementing measures to prevent unauthorised access to the airside area (section 29). The airport must also ensure that any person operating within the airside area complies with these security measures. The Act imposes several requirements on entities operating within the declared airside area of Newcastle Airport. This includes ensuring that all personnel and vehicles entering the airside area are authorised and have undergone appropriate security screening. Additionally, entities must report any security incidents to the appropriate authorities and maintain records of security-related activities as required by the Act (section 30). Failure to comply with these requirements can lead to enforcement actions, including fines and other penalties. Breaches of the provisions under the Act can result in serious consequences. For instance, operating a business in an airside area without the necessary authorisation can lead to criminal charges and penalties. Under section 45, a person found guilty of an offence related to the unauthorised operation within the airside area can be fined up to $66,000 for an individual offence or $330,000 for a corporate offence, in addition to potential imprisonment terms. Furthermore, civil penalties, such as fines up to $22,000 per offence, can also be imposed for breaches of the Act’s provisions (section 51). These measures are designed to ensure high standards of security are maintained at the airport, protecting both passengers and aircraft from potential threats.