NTC-24790 - Notice Declaration of Security Controlled Airport and Establishment of Airside Area - Bendigo Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to address the critical need for stringent security measures in the aviation sector, ensuring the safety and security of air transport. This Act provides a framework for the regulation and enforcement of aviation security measures, establishing the authority to declare certain airports as security controlled and to establish airside areas where enhanced security measures are necessary. The policy objective of the Act is to mitigate the risk of unlawful interference with civil aviation and to protect passengers, crew, and the public from threats to aircraft and airports. In accordance with the Act, a Delegate of the Secretary of the Department of Home Affairs revoked a previous notice that had declared Bendigo Airport as a security controlled airport and established a new notice to again declare Bendigo Airport as a security controlled airport. This reclassification includes the establishment of an airside area for Bendigo Airport, as indicated on the attached map, to ensure adherence to heightened security protocols. This reclassification and establishment of the airside area will remain in force until otherwise revoked and published in the Gazette.

Scope and Application

The Aviation Transport Security Act 2004 applies to the security of civil aviation in Australia, encompassing both federal and state airports, as well as the aircraft and personnel involved in civil aviation operations. This Act pertains to any person or entity involved in the operation of an airport or aircraft, including airlines, airport operators, and aviation security officers. The Act establishes comprehensive security measures to safeguard against threats to civil aviation, and its provisions apply across the Commonwealth, including states, territories, and national airspace. While the Act broadly covers all civil aviation activities, it does not extend to military aviation operations. The Act allows for the establishment and revocation of security controlled airports through subordinate instruments, such as the recent declaration and subsequent revocation of Bendigo Airport's security status, illustrating how specific areas and operations can be regulated under the Act's authority. This Notice, signed by a Delegate of the Secretary of the Department of Home Affairs, revokes the previous security designation for Bendigo Airport and reestablishes it as a security controlled airport, defining its boundaries and airside area as indicated in the attached map.

Key Provisions

The primary operative sections of the Delegate’s Notice (NTC-24790) under the Aviation Transport Security Act 2004 (the Act) include the revocation of a prior notice (NTC-24368) that declared Bendigo Airport as a security controlled airport, the re-declaration of Bendigo Airport as a security controlled airport, and the establishment of an airside area for the airport. The revocation of the prior notice (subsection 28(2)) signifies that the previous designation of Bendigo Airport as a security controlled airport is no longer in effect (paragraph 1). This revocation is made in accordance with the provisions of the Act, and the new declaration (section 28) ensures that Bendigo Airport now falls under the Act's security regime (paragraph 2). Additionally, the notice establishes an airside area for Bendigo Airport, as outlined in section 29 of the Act, which delineates the specific area designated as airside (paragraph 3). The obligations and requirements imposed by the Act on parties or entities governed by this legislation are primarily concerned with ensuring the security of the declared airport and its airside area. As a security controlled airport, Bendigo Airport must comply with the stringent security measures and protocols set forth in the Act. This includes implementing security controls and measures to protect against unauthorised access and potential threats to aviation security. The declaration of the airside area further delineates the specific zones within the airport that are subject to heightened security measures, ensuring that all relevant activities and operations within these zones adhere to the security requirements prescribed by the Act (section 29). The Act provides for both civil and criminal consequences for breaches of its provisions. For civil penalties, the Act outlines potential fines and sanctions for non-compliance with its requirements, which may include failure to implement adequate security measures or unauthorised access to the airside area. The specific penalties for civil breaches are not detailed in this Notice but are stipulated elsewhere in the Act. In cases of criminal offences, the Act provides for penalties including imprisonment and fines. For instance, unauthorised access to the airside area may result in fines of up to $33,000 for an individual or $165,000 for a corporation, and imprisonment for up to two years (subsection 132(1)). These penalties serve to enforce compliance and deter violations of the security provisions within the Act.