NTC-24287 - Declaration of Security Controlled Airport and Establishment of Airside Area - Canberra Airport

Overview

The Aviation Transport Security Act 2004 (the Act) was enacted to address the need for stringent security measures within the aviation sector, particularly at airports, to protect against threats to civil aviation and national security. The Act empowers the Secretary of the Department of Home Affairs to declare certain airports as security controlled airports, ensuring that they meet the requisite security standards. The policy objective of the Act is to safeguard the aviation transport system and the public from security risks, thereby maintaining the integrity of Australia's aviation infrastructure. In this context, the Delegate of the Secretary has issued a notice revoking the previous declaration of Canberra Airport as a security controlled airport and has now re-declared it with updated boundaries and an established airside area. This action is intended to reaffirm the airport's commitment to stringent security protocols and to provide clarity on the specific areas subject to aviation security measures.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities and persons involved in the aviation industry within Australia, with a primary focus on ensuring the security of civil aviation. This Act encompasses security measures for both aircraft and airports, targeting the protection of passengers, crew, and the general public from acts of unlawful interference. The legislation applies to designated security controlled airports, including Canberra Airport, as evidenced by the recent declaration and establishment of its airside area. Geographically, the Act operates within the Commonwealth of Australia, extending its reach to all airports designated under the Act, thereby imposing obligations on airport operators, airlines, and other relevant entities to comply with specified security measures. Exclusions and exemptions under the Act are generally limited, with specific thresholds and conditions set forth to ensure compliance and security. The Act’s application can be further defined and extended through subordinate instruments, such as regulations and notices, which provide additional detail and operational guidance. The revocation and subsequent declaration of Canberra Airport as a security controlled airport, and the establishment of its airside area, demonstrate the Act's dynamic nature, allowing for adjustments to security requirements in response to evolving threats and operational changes. This notice, as published in the Gazette, underscores the continuous oversight and regulatory adjustments necessary to maintain aviation security standards within Australia.

Key Provisions

The key provisions of the Aviation Transport Security Act 2004 (the Act) are outlined in the Gazette Notice NTC-24287, which revokes a previous declaration and establishes new boundaries and an airside area for Canberra Airport. Specifically, section 28(2) of the Act allows for the revocation of a declaration of a security controlled airport and the establishment of a new declaration, while section 29 of the Act provides for the establishment of an airside area for the airport (subsections 28(2) and 29). This notice revokes the previous declaration of Canberra Airport as a security controlled airport (NTC-22084) and declares Canberra Airport as a security controlled airport with new boundaries as shown on the attached map, and establishes an airside area for Canberra Airport as indicated on the attached map (subsection 28(2)). This notice comes into effect upon publication in the Gazette. The Act imposes several obligations on the parties or entities it governs. Firstly, the Secretary of the Department of Home Affairs, through a delegate, is responsible for declaring an airport as a security controlled airport and establishing the boundaries of the airside area (subsection 28(2)). Additionally, any person who wishes to access the airside area must obtain the appropriate security clearance and authorisation from the Secretary (subsection 30(1)). Furthermore, the Act requires the Secretary to maintain security measures to protect the airside area from unauthorised access or interference (subsection 31(1)). Failure to comply with the provisions of the Act may result in criminal or civil penalties. For example, unauthorised access to the airside area is an offence under section 30(2) of the Act and carries a maximum penalty of 10 years imprisonment. Similarly, failure to comply with a direction issued by the Secretary under section 31(3) is an offence under section 32(1) of the Act and carries a maximum penalty of 12 months imprisonment or a fine of $10,000, or both. In addition, civil penalties may apply for breaches of the Act, including fines of up to $22,200 for individuals and $111,000 for bodies corporate (subsection 35(2)). In summary, the Gazette Notice NTC-24287 revokes the previous declaration of Canberra Airport as a security controlled airport and establishes new boundaries and an airside area for the airport. The Act imposes obligations on the Secretary to declare an airport as a security controlled airport and establish the boundaries of the airside area, and on persons to obtain appropriate security clearance and authorisation to access the airside area. Failure to comply with the provisions of the Act may result in criminal or civil penalties, including fines and imprisonment.