NTC-24486 - Declaration of Security Controlled Airport and Establishment of Airside Area – Brisbane West Wellcamp Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address the need for stringent security measures within the aviation industry to protect against acts of unlawful interference. This Act establishes a comprehensive framework for aviation security, with the aim of ensuring the safety and security of passengers, crew, and aircraft. In this context, the Act empowers the Secretary of the Department of Home Affairs to designate airports as security controlled airports and to define airside areas to be subject to heightened security protocols. The recent revocation and re-declaration of Brisbane West Wellcamp Airport as a security controlled airport under this Act reflects the ongoing commitment to maintaining robust security measures at Australian airports. The declaration was made by a delegate of the Secretary, Daniel Panozzo, who is acting on behalf of the Department of Home Affairs to ensure compliance with the Act's provisions. The policy objective of the Act remains to safeguard the aviation sector against potential security threats, thereby contributing to the overall safety of the national transport system.

Scope and Application

The Aviation Transport Security Act 2004 applies to a broad range of entities, including airlines, aircraft operators, and airport operators, as well as individuals and other entities that engage in activities that affect the security of air transport. The Act is a Commonwealth law and therefore has national jurisdiction across Australia. It sets out requirements for the security of aviation transport, including the establishment of security controlled airports and the regulation of airside areas. The Act applies to all airports that are designated as security controlled airports, and it also extends to aircraft that are registered in Australia or operated by Australian carriers, regardless of where they are located. While the Act applies to most aspects of aviation transport security, there are some exclusions and exemptions, such as for certain small aircraft and for non-commercial operations. The Act also provides for the making of subordinate instruments, such as regulations and orders, which can extend or restrict the application of the Act in specific circumstances. This particular Notice, issued by a Delegate of the Secretary of the Department of Home Affairs, revokes a previous Notice that declared Brisbane West Wellcamp Airport as a security controlled airport and establishes new boundaries for the airport and its airside area. The Notice is made under subsection 28(2) of the Act and has effect from the date of its publication in the Gazette. The Notice is binding on all relevant entities and individuals, and failure to comply with its provisions may result in penalties under the Act. The Notice remains in force until it is revoked in writing and published in the Gazette.

Key Provisions

The operative sections of this Notice, under subsection 28(2) of the Aviation Transport Security Act 2004 (the Act), revoke a previous notice (NTC-19998) that declared Brisbane West Wellcamp Airport as a security controlled airport, which was published in the Gazette on 1 December 2020 (C2020G00965). This revocation is effective from the publication of this Notice in the Gazette. Furthermore, this Notice declares Brisbane West Wellcamp Airport as a security controlled airport and establishes an airside area for the airport. The boundaries of the airport and the airside area are detailed in the attached map, which forms part of this Notice. Under this Act, the obligations imposed on parties or entities governed by the Notice include strict adherence to the regulations and security measures designated for the security controlled airport and its airside area. This includes ensuring compliance with any security measures and protocols established by the Department of Home Affairs to maintain the security of the airport. Personnel and entities operating within the designated airside area must follow these regulations to prevent any security breaches and ensure the safe operation of the airport. The Act also outlines potential consequences for breaches of its provisions. While the Notice itself does not detail specific offences, penalties, or civil/criminal consequences, the broader provisions of the Aviation Transport Security Act 2004 provide for a range of enforcement actions. These can include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties are specified in the Act and can vary based on the nature of the offence. For instance, offences involving the unauthorised entry into a security controlled area can result in significant penalties, reflecting the importance of maintaining stringent security measures at airports. In summary, this Notice revokes the previous declaration of Brisbane West Wellcamp Airport as a security controlled airport and re-establishes it under new terms, along with the airside area. Entities and individuals operating within this airport must comply with the security measures and regulations outlined in the Act to avoid potential penalties, which could include fines or imprisonment, depending on the seriousness of the breach. This Notice remains in force until it is revoked in writing and published in the Gazette.