NTC-22561 Notice of Declaration of Security Controlled Airport and Establishment of Airside Area – Sunshine Coast Airport

Overview

The Aviation Transport Security Act 2004 was enacted to provide for measures to protect aviation transport and infrastructure from acts of unlawful interference. This legislation was introduced to address the need for comprehensive security measures at airports to safeguard against potential threats, including terrorism and other criminal activities. The enacting body for this Act was the Parliament of Australia, with the primary policy objective being to ensure the security of civil aviation by establishing a regulatory framework for security measures at airports and on aircraft. The Act empowers the Secretary of the Department of Home Affairs to make declarations and regulations regarding security controlled airports and airside areas, as evidenced by the recent Notice of Declaration concerning Sunshine Coast Airport. This Notice, published in the Gazette, revoked a previous declaration and established new boundaries for the airport's airside area, reflecting the ongoing commitment to maintaining stringent security protocols within Australia's aviation sector.

Scope and Application

The Aviation Transport Security Act 2004 applies to all persons and entities involved in the operation of security controlled airports within Australia, including airports, airlines, and other aviation-related businesses. The Act's geographic reach extends across the Commonwealth of Australia, with specific provisions for the establishment and regulation of airside areas in security controlled airports. The legislation mandates the establishment of such areas to ensure the security of air transport, and this includes the revocation and declaration of security controlled airports as necessary. Exclusions or exemptions from the Act's application are not explicitly detailed in this particular notice, but it is understood that the Act’s provisions apply broadly to all relevant entities operating within the defined parameters of the Commonwealth. Subordinate instruments may further define specific operational requirements or extend the application of the Act to additional circumstances or entities. This particular notice, issued under the authority of a delegate of the Secretary of the Department of Home Affairs, revokes a previous declaration concerning Sunshine Coast Airport and establishes a new airside area, illustrating the dynamic and regulatory nature of the Act.

Key Provisions

The main operative sections of the notice, as published in the Gazette, are sections 28(2) and 29 of the Aviation Transport Security Act 2004 (the Act). Section 28(2) of the Act allows the Secretary, through a delegate, to revoke or declare an airport as a security controlled airport. Section 29 of the Act enables the Secretary to establish an airside area for a security controlled airport. In this case, the delegate of the Secretary has revoked the previous notice that declared Sunshine Coast Airport as a security controlled airport (NTC-20298) and has subsequently declared it again as a security controlled airport. Additionally, the delegate has established an airside area for the airport, as indicated on the attached map. The obligations imposed by the Act on the parties or entities it governs are primarily concerned with ensuring the security of aviation transport. By declaring Sunshine Coast Airport as a security controlled airport, the Act requires that stringent security measures be implemented to protect against acts of unlawful interference with aircraft, passengers, and crew. The Act also mandates the establishment of an airside area, which is a restricted zone within the airport where security measures are particularly stringent. This includes controlling access to the airside area and ensuring that only authorised personnel and equipment are allowed. The declaration and establishment of these zones aim to safeguard the integrity of the aviation transport system and protect national security interests. The Act includes provisions for offences and penalties for breach of its provisions. While the specific offences and penalties are not detailed in this notice, the Act generally provides for both criminal and civil penalties for violations. Criminal penalties can include fines and imprisonment, with the severity of the penalty depending on the nature and extent of the breach. For instance, section 10 of the Act outlines that any person who commits an act of unlawful interference with an aircraft can be liable to imprisonment for up to 20 years. Civil penalties can also be imposed, and these may include fines or other financial penalties. The maximum penalties for specific offences are detailed elsewhere in the Act and are intended to deter non-compliance with aviation security requirements. In conclusion, this notice revokes the previous declaration of Sunshine Coast Airport as a security controlled airport and re-establishes it under the provisions of the Aviation Transport Security Act 2004. It also delineates the boundaries of the airside area for the airport, as shown on the attached map. The obligations under the Act require that stringent security measures be implemented to protect the airport and its operations from acts of unlawful interference. The Act provides for both criminal and civil penalties for breach of its provisions, with the aim of ensuring compliance with aviation security standards and protecting national security interests.