NTC-23580 - Declaration of Security Controlled Airport and Establishment of Airside Area – Rockhampton Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures in Australian airports to safeguard against threats to civil aviation. This Act empowers the Minister to declare certain airports as security controlled airports and establish airside areas to ensure the security of aircraft and passengers. The enacting body for this Act is the Parliament of Australia. The policy objective of the Act is to provide a regulatory framework that enhances the security of Australia’s aviation transport system, thereby protecting the safety of passengers and aircraft from potential terrorist activities and other security threats. This particular Notice, issued under the authority of the Aviation Transport Security Act 2004, revokes a previous declaration concerning the security control status of Rockhampton Airport and re-establishes it as a security controlled airport. The Notice also delineates the boundaries of the airport and specifies the airside area in accordance with the Act. This reclassification and establishment are intended to reinforce the security measures at Rockhampton Airport, ensuring compliance with national aviation security standards and protecting the integrity of the airport's operations.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in the operation of an airport, aircraft, or air transport within Australia. This includes both domestic and international flights, and covers various industries such as airlines, ground handling services, and security providers. The Act regulates the security measures to be implemented at airports and on aircraft, with the primary aim of protecting the aviation sector from potential security threats. The geographic reach of the Act extends to all airports designated as security controlled airports within the Commonwealth of Australia. The Act provides for the establishment of airside areas and the declaration of such areas as security controlled, as demonstrated in the revocation and subsequent declaration of Rockhampton Airport. The Act also allows for the creation of subordinate instruments that can extend or restrict its application, thereby providing flexibility in addressing emerging security threats. Notably, certain exemptions may apply under specific provisions of the Act, but these are not detailed in the given text.

Key Provisions

The Notice NTC-23580 revokes the previous Notice NTC-23341, which declared Rockhampton Airport as a security controlled airport, as published in the Gazette on 17 August 2022 (subsection 28(2)). It subsequently declares Rockhampton Airport as a security controlled airport and establishes an airside area for the airport, as indicated on the attached map (sections 28 and 29). This Notice, issued by the Delegate of the Secretary of the Department of Home Affairs, takes effect from 29 September 2022 upon publication in the Gazette. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that Rockhampton Airport must adhere to stringent aviation security measures due to its classification as a security controlled airport. This includes implementing security protocols and procedures to safeguard against potential threats to aviation security (section 28). Additionally, the establishment of the airside area delineates a specific zone within the airport that requires heightened security measures and restricted access (section 29). All personnel, vehicles, and goods entering this area must comply with the security requirements set forth by the Act. The Aviation Transport Security Act 2004 outlines various offences and penalties for non-compliance with its provisions. Section 110 stipulates that any person who contravenes a provision of the Act, or who fails to comply with a direction issued under the Act, commits an offence. The maximum penalty for an individual offender is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both. For a corporate offender, the maximum penalty is a fine of up to 25,000 penalty units. Furthermore, section 111 provides that any person who knowingly or recklessly contravenes a provision of the Act that is designed to protect the safety of passengers or crew members on aircraft, or the safety of aircraft, commits an offence carrying a maximum penalty of a fine of up to 10,000 penalty units or imprisonment for up to ten years, or both, for an individual, and up to 50,000 penalty units for a corporate offender. Additionally, section 112 of the Act stipulates that any person who engages in conduct that is likely to endanger the safety of passengers, crew members, or aircraft, commits an offence and is liable to a maximum penalty of a fine of up to 20,000 penalty units or imprisonment for up to fifteen years, or both, for an individual, and up to 100,000 penalty units for a corporate offender. These provisions underscore the seriousness with which the Act treats breaches of aviation security regulations and the significant consequences that may result from non-compliance.