NTC-24218
Aviation Transport Security Act 2004
NTC-24218 - DECLARATION OF SECURITY CONTROLLED AIRPORT AND ESTABLISHMENT OF AIRSIDE AREA – DUBBO REGIONAL AIRPORT
I am a Delegate of the Secretary of the Department of Home Affairs (Secretary). Under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), I:
REVOKE notice NTC-23316 which declared Dubbo Regional Airport as a security controlled airport as published in the Gazette (C2022G00878, 14 September 2022); and
DECLARE Dubbo Regional Airport is a security controlled airport, the boundaries of Dubbo Regional Airport are shown on the attached map which forms part of this notice; and
ESTABLISH, in accordance with section 29 of the Act, an airside area for Dubbo Regional Airport being that area indicated as the airside area on the attached map which forms part of this notice.
This Notice commences upon publication in the Gazette.
Daniel Panozzo
Assistant Director, Critical Infrastructure Regulatory Operations and Analysis
Cyber and Infrastructure Security Operations
Delegate of the Secretary of the
Department of Home Affairs
12 January 2023
Note:
1) Gazette means the Commonwealth of Australia Gazette
2) This Notice remains in force until otherwise revoked in writing and upon subsequent publication in the Gazette
Overview
The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures within Australia's aviation sector, particularly in response to the rising global threats to air transport security. This Act is a crucial legislative instrument in safeguarding the nation's aviation infrastructure and ensuring the safety and security of passengers, crew, and aircraft. The Act was enacted by the Parliament of Australia and its policy objective is to provide a comprehensive framework for the security of aircraft, aerodromes, and air transport. In revoking the previous notice and re-declaring Dubbo Regional Airport as a security controlled airport, the Secretary of the Department of Home Affairs is exercising the powers conferred under the Act to manage and enhance aviation security protocols, ensuring they meet the required standards and address any emerging threats effectively.
Scope and Application
The Aviation Transport Security Act 2004 applies to the operations of airports and aircraft within the Commonwealth of Australia, ensuring stringent security measures are implemented to protect against threats to civil aviation. This Act governs the conduct of individuals and entities involved in the operation of airports and aircraft, mandating that certain airports are designated as security controlled airports, and establishing specific airside areas within these airports. The Act applies to all persons and entities involved in the aviation industry, including airlines, ground service providers, and airport operators, ensuring that security measures are consistently applied and enforced across the industry. The Act's jurisdiction extends nationally, with its provisions enforced by the Department of Home Affairs, ensuring a unified approach to aviation security throughout Australia. The Act also allows for the revocation and re-establishment of security controlled airports and their boundaries through subordinate instruments, as demonstrated by the revocation of Dubbo Regional Airport's status in 2022 and its subsequent re-establishment in 2023. This flexibility enables the Act to adapt to changing security needs and airport operations.
Key Provisions
The key sections of the Act, as referenced in this notice, include section 28(2) which grants the Secretary the power to revoke or declare a security controlled airport, and section 29 which allows the Secretary to establish an airside area. The notice revokes the previous declaration of Dubbo Regional Airport as a security controlled airport and establishes new boundaries for the airport and its airside area, as detailed on the attached map.
Under the Act, the obligations imposed on the parties and entities governed by this legislation include compliance with the new boundaries and security measures established for Dubbo Regional Airport. This would entail adherence to any new security protocols, physical barriers, and controlled access points as defined by the airside area. Such compliance ensures that the airport meets the required security standards to protect against threats to civil aviation.
Breaches of the provisions under the Act may lead to various offences, penalties, or consequences. For example, unauthorised access to the airside area could result in criminal charges, with potential penalties including fines and imprisonment. The severity of these penalties would depend on the nature and extent of the breach, as outlined in other sections of the Act. It is imperative that all relevant parties strictly adhere to the regulations to avoid facing these legal repercussions.