NTC-24885 Declaration of Security Controlled Airport and Establishment of Airside Area – Whyalla River Airport

Overview

The Aviation Transport Security Act 2004 was enacted to address the need for stringent security measures at designated airports to protect against acts of unlawful interference with civil aircraft, people and property. This Act empowers the Department of Home Affairs to designate airports as security controlled, thereby imposing specific security requirements to mitigate the risks associated with aviation transport. The policy objective of the Act is to ensure the security of the national aviation system and to safeguard against potential threats, thereby contributing to the overall safety and security of air travel within Australia. On 2 March 2023, a Delegate of the Secretary of the Department of Home Affairs issued a notice revoking the previous declaration of Whyalla Airport as a security controlled airport and re-establishing it with new boundaries and an airside area. This action was taken under the authority granted by subsection 28(2) of the Act and section 29, and the notice was published in the Commonwealth of Australia Gazette to ensure its legal effect and public notification.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons, entities, and industries involved in the aviation industry, specifically focusing on the security of airports and aircraft. The Act establishes the framework for ensuring aviation security within Australia and includes provisions for declaring security controlled airports, establishing airside areas, and implementing necessary security measures. The geographic reach of the Act is national, applying across all states and territories within the Commonwealth of Australia. This Act extends its application through subordinate instruments, which include regulations and notices such as the one issued here, that specify details such as the boundaries of security controlled airports and airside areas. This particular notice revokes a previous declaration regarding Whyalla Airport and establishes new boundaries and an airside area for the airport. The Act does not specify exclusions, exemptions, or thresholds, but rather provides a comprehensive approach to ensuring aviation security. In this instance, the delegate of the Secretary of the Department of Home Affairs has exercised their authority under the Act to revoke a previous notice that declared Whyalla Airport as a security controlled airport and to issue a new declaration establishing the airport's boundaries and airside area. This action is taken in accordance with the provisions of the Act and is effective upon publication in the Gazette. The notice ensures that the appropriate security measures are in place for Whyalla Airport, aligning with the overarching objective of the Act to safeguard Australia's aviation industry.

Key Provisions

The main operative sections of this Notice are based on subsection 28(2) of the Aviation Transport Security Act 2004, which empowers the delegate of the Secretary of the Department of Home Affairs to revoke or declare an airport as a security controlled airport and to establish an airside area (paragraphs 2-4). The Notice revokes the previous declaration that Whyalla Airport was a security controlled airport (paragraph 2) and re-declares it as such, with specific boundaries for the airport and the airside area (paragraphs 3-4). The boundaries of the airport and airside area are detailed in the attached maps, which form part of the Notice (paragraph 4). The Act imposes obligations and requirements on various parties and entities, including airport operators and security providers. Airport operators must ensure that security measures are implemented and maintained in accordance with the Act and its regulations (section 28). This includes establishing and maintaining security control measures for the airport and its airside area. Security providers, on the other hand, must comply with the security requirements outlined in the Act and its regulations, including conducting security checks and screenings as necessary (section 30). Both parties must work together to ensure that the security measures are effective in protecting the airport and its airside area from potential threats. Failure to comply with the Act and its regulations may result in civil or criminal penalties. Under section 146 of the Act, a person who contravenes a provision of the Act is liable to a penalty. The maximum penalty for a corporation is $210,000, while the maximum penalty for an individual is $21,000 (subsections 146(1) and (2)). In addition, under section 147 of the Act, a person who is found guilty of an offence against the Act is liable to imprisonment for a term of up to five years, a fine of up to $126,000 for an individual or $630,000 for a corporation, or both (subsections 147(1) and (2)). These penalties serve as a deterrent against non-compliance with the Act and its regulations and ensure that security measures are effectively implemented and maintained at Australian airports. The Notice revokes the previous declaration of Whyalla Airport as a security controlled airport and re-declares it as such, with specific boundaries for the airport and the airside area. The Act imposes obligations and requirements on airport operators and security providers to ensure that security measures are implemented and maintained in accordance with the Act and its regulations. Failure to comply with the Act and its regulations may result in civil or criminal penalties, including fines and imprisonment. These penalties serve as a deterrent against non-compliance and ensure that security measures are effectively implemented and maintained at Australian airports.