NTC-24766 - Declaration of Security Controlled Airport and Establishment of Airside Area - Cairns Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for comprehensive security measures in the aviation sector, ensuring the safety and security of air transport. This Act was introduced by the Parliament of Australia and aims to protect Australia's aviation infrastructure against acts of unlawful interference. The Act empowers the declaration of airports as security controlled, which facilitates the implementation of stringent security controls within designated areas. The Act's policy objective is to mitigate risks to aviation security by establishing clear parameters for the enforcement of security measures at identified airports. The recent revocation and subsequent declaration of Cairns Airport as a security controlled airport under this Act, as evidenced by the notice published in the Gazette on 19 May 2023, signifies a continued commitment to enhancing aviation security. This action, undertaken by a Delegate of the Secretary of the Department of Home Affairs, not only reaffirms the airport's status in the security framework but also delineates the specific airside area subject to heightened security protocols. Such measures are integral to maintaining the integrity and safety of Australia's air transport system.

Scope and Application

The Aviation Transport Security Act 2004 applies to any person or entity involved in the aviation transport industry within Australia, including airports, aircraft, and aviation service providers. The Act aims to ensure the security of the aviation transport system by establishing standards and measures to protect against acts of unlawful interference. The Act’s jurisdiction extends across the Commonwealth of Australia, ensuring a unified approach to aviation security. While the Act broadly covers all aspects of aviation transport security, specific exclusions or exemptions are generally detailed within the Act itself or through subordinate instruments, which may further define or refine the application of certain provisions. For example, the revocation of a previous declaration concerning Cairns Airport, as illustrated in the gazetted notice, indicates that the Act’s application can be dynamically managed to adapt to changing security needs or operational adjustments within the aviation sector. This flexibility is achieved through the issuance of notices under the authority of the Secretary of the Department of Home Affairs, ensuring that the Act’s provisions remain relevant and effective in addressing contemporary security challenges.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) provides the legal framework for aviation security in Australia. Section 28(2) of the Act empowers a Delegate of the Secretary of the Department of Home Affairs to declare an airport as a security controlled airport and to establish the boundaries of an airside area for that airport. In this instance, the Delegate has revoked the previous declaration of Cairns Airport as a security controlled airport (NTC-23052, published in the Gazette on 07 July 2022) and has now declared Cairns Airport as a security controlled airport under section 28(2) of the Act, with the boundaries of the airport and its airside area specified on the attached map. This new declaration comes into force upon publication in the Gazette. The Act imposes certain obligations on security controlled airports and their operators. These obligations include implementing and maintaining security measures to protect aircraft, passengers, and airport personnel from security threats. Specifically, the operator of a security controlled airport must develop and implement a security program that complies with the Act and any applicable regulations. This program must include measures to protect against acts of unlawful interference, unauthorised access to the airside area, and the carriage of dangerous goods. Additionally, the operator must ensure that personnel who have access to the airside area are properly vetted and trained. Failure to comply with the requirements of the Act or the operator’s security program can result in various consequences. Firstly, under section 306 of the Act, a person who contravenes any provision of the Act, or any direction given under the Act, is guilty of an offence. In the case of a body corporate, the maximum penalty for an offence is 500,000 Australian dollars. For individuals, the maximum penalty is 5,500 Australian dollars or imprisonment for a term of up to five years, or both. Furthermore, a person who contravenes a requirement of their security program may face additional penalties under section 309 of the Act, which provides for civil penalty provisions. The maximum penalty for a contravention of a security program requirement is 50,000 Australian dollars for a body corporate and 5,500 Australian dollars for an individual. These penalties reflect the serious nature of aviation security and the need to ensure the safety and security of all those who use Australian airports.