NTC-25597 - Declaration of Security Controlled Airport and Establishment of Airside Area - Bendigo Airport

Overview

The Aviation Transport Security Act 2004, enacted by the Australian Parliament, was introduced to establish a regulatory framework for aviation transport security, aiming to safeguard against potential threats to civil aviation. The Act was designed to address gaps in security provisions at airports, ensuring robust measures are in place to protect passengers, crew, and aircraft from terrorist acts and other security threats. The enactment of this legislation was a response to the growing need for stringent security controls in the aviation sector in the post-9/11 world, focusing on the prevention and management of security risks. The policy objective of the Act is to ensure the safety and security of Australia's aviation transport infrastructure by implementing measures that comply with international standards and best practices. This specific declaration and revocation notice, issued by a Delegate of the Secretary of the Department of Home Affairs, addresses the ongoing management of security-controlled airports. By revoking the previous declaration for Bendigo Airport and re-establishing it as a security-controlled airport, the notice ensures that the airport meets the necessary security standards, reflecting its role in Australia's aviation network. This action underscores the government's commitment to maintaining high levels of security across all designated airports, adapting to changes in the aviation landscape and emerging threats.

Scope and Application

The Aviation Transport Security Act 2004 applies to various entities including airports, airlines, aircraft, persons, and other entities involved in the provision of aviation transport services. The Act encompasses the security management of airports and airside areas, aiming to protect against acts of unlawful interference with civil aircraft and ensuring the safety of passengers, crew, and the aircraft itself. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia, including all territories and states. The Act's application extends through subordinate instruments such as regulations and orders that further define the scope and specific requirements for security measures at airports. Exemptions and thresholds are set out in the Act and its subordinate instruments, allowing for variations in security measures based on the size and type of airport and the nature of the aviation activities conducted. The revocation and declaration of Bendigo Airport as a security controlled airport and the establishment of its airside area, as detailed in the notice, reflect the Act's application to specific geographic locations and operational aspects of airports.

Key Provisions

The main operative sections of the notice, as per the Aviation Transport Security Act 2004, include the revocation of the previous declaration that made Bendigo Airport a security controlled airport (section 28(2)) and the establishment of Bendigo Airport as a security controlled airport with specified boundaries (section 28). Furthermore, this notice establishes an airside area for Bendigo Airport, as per section 29 of the Act, with the boundaries of the airside area outlined on the map attached to the notice. This notice revokes the previous declaration and comes into effect upon publication in the Gazette. Under the Act, the obligations and requirements imposed on the parties or entities governed by this notice include ensuring that Bendigo Airport complies with the provisions of the Aviation Transport Security Act 2004. This includes implementing necessary security measures and controls within the airside area and adhering to the boundaries of the security controlled airport as specified in the notice. Additionally, the airport must maintain records and documentation to demonstrate compliance with the Act and provide these to relevant authorities upon request. The notice also outlines the potential offences, penalties, or civil/criminal consequences for breaches of the Act. Although the notice does not specify particular penalties for breaches, the Act itself provides for a range of offences and penalties. For example, section 33 of the Act provides for offences related to unauthorised access to security controlled airports, with a maximum penalty of 10 years imprisonment for individuals and fines of up to AUD 525,000 for corporations. Similarly, section 34 of the Act outlines offences related to endangering the safety of an aircraft or security controlled airport, with a maximum penalty of 15 years imprisonment for individuals and fines of up to AUD 750,000 for corporations. In summary, the notice revokes the previous declaration that made Bendigo Airport a security controlled airport and establishes Bendigo Airport as a security controlled airport with specified boundaries, along with the establishment of an airside area. The obligations and requirements under the Act involve ensuring compliance with the Act's provisions, while potential breaches may result in civil or criminal consequences, with maximum penalties outlined in the Act itself.