NTC-23062 Declaration of Security Controlled Airport and Establishment of Airside Area – Moorabbin Airport

Overview

The Aviation Transport Security Act 2004, enacted by the Parliament of Australia, was introduced to address the need for stringent aviation security measures to protect against acts of unlawful interference with civil aviation. This Act provides the legal framework for the implementation of security measures at airports to safeguard Australia's aviation infrastructure and the travelling public. The policy objective of the Act is to ensure that aviation security measures are effectively managed and enforced, thereby maintaining the safety and security of Australia's air transport system. In line with this objective, the Act allows for the declaration of security controlled airports and the establishment of airside areas, which are critical for the enforcement of security protocols at designated airports. The revocation and subsequent redeclaration of Moorabbin Airport as a security controlled airport, along with the establishment of its airside area, exemplifies the Act's role in dynamically adapting to the evolving security landscape to protect national aviation interests.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities, including airports, aircraft operators, and air traffic service providers, as well as to any persons or entities involved in conduct or transactions that relate to the security of air transport within Australia. The Act operates on a Commonwealth level and is applicable to all airports designated as security controlled airports, including Moorabbin Airport as outlined in the Gazette notice. This notice revokes a previous declaration and re-establishes Moorabbin Airport as a security controlled airport, thereby extending the Act's application to this specific airport. The Act allows for the establishment of airside areas through subordinate instruments, as demonstrated by the establishment of the airside area for Moorabbin Airport in this notice. This notice, which is effective from its publication in the Gazette, signifies that the security controlled status and the defined airside area for Moorabbin Airport will remain in force until explicitly revoked by a subsequent Gazette notice.

Key Provisions

The key operative sections of the notice under the Aviation Transport Security Act 2004 (the Act) are found in sections 28 and 29, which pertain to the declaration of security controlled airports and the establishment of airside areas. Section 28(2) provides the authority for the Secretary's delegate to declare Moorabbin Airport as a security controlled airport, while section 29 allows for the establishment of an airside area within the airport. The notice revokes the previous declaration of Moorabbin Airport as a security controlled airport (NTC-20321) and re-declares it with updated boundaries, as shown on the attached map, which is integral to the notice. Additionally, the notice establishes the airside area of Moorabbin Airport, as delineated on the accompanying maps. The Act imposes several obligations and requirements on the parties and entities governed by it. Moorabbin Airport must comply with the security measures and regulations stipulated under the Act to maintain its status as a security controlled airport. This includes adherence to the designated boundaries of the airside area, which is critical for ensuring the security of the airport and its operations. The delegate of the Secretary of the Department of Home Affairs is responsible for overseeing these declarations and ensuring that the airport meets the necessary security standards. Failure to comply with the provisions of the Act may result in various consequences, including potential offences and penalties. Although the notice does not specify the exact penalties for breaches, the Act generally provides for both civil and criminal penalties for non-compliance with aviation security regulations. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity of the breach and the provisions of the Act. The maximum penalties are not detailed in the notice but are outlined in the Act itself. The notice comes into effect upon its publication in the Gazette, marking the commencement of the revocation of the previous declaration and the establishment of the new security controlled airport status and airside area for Moorabbin Airport. This legal action ensures that the airport adheres to the updated security measures and regulatory requirements as outlined by the Act. The authority to revoke and re-declare the airport as a security controlled airport and to establish the airside area is vested in the delegate of the Secretary of the Department of Home Affairs, who acts in accordance with the provisions of the Act.