NTC-26735 – Declaration of Security Controlled Airport and Establishment of Airside Area – Leonora Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to address security concerns in the aviation industry, ensuring the protection of Australia's aviation transport system against acts of unlawful interference. The Act was introduced to fill the gap in existing legislation by providing a comprehensive legal framework that governs the security measures necessary to safeguard air transport and aviation infrastructure. The policy objective of the Act is to maintain the highest possible level of security for aviation, ensuring the safety and security of passengers, crew, and aircraft. In June 2024, a Notice was published under subsection 28(2) of the Act, revoking the previous declaration that Leonora Airport was a security controlled airport. The Notice, issued by a Delegate of the Secretary of the Department of Home Affairs, re-establishes Leonora Airport as a security controlled airport and delineates the airside area boundaries, as indicated on a map attached to the Notice. This change was made effective upon publication in the Gazette and remains in force until further notice.

Scope and Application

The Aviation Transport Security Act 2004 applies to various persons and entities involved in aviation transport, including airports, aircraft, and operators within Australia. This Act establishes the framework for aviation security measures and designates specific airports as security controlled, which entails stringent security protocols and compliance requirements. The Act’s jurisdictional reach extends across the Commonwealth, ensuring uniform application of aviation security standards. Exclusions or exemptions within the Act are minimal, primarily focusing on certain smaller airports or specific operational conditions that might not warrant the full extent of security controls. The Act allows for the establishment of airside areas through subordinate instruments, which further define the scope and enforceability of security measures. The revocation and declaration of a security controlled airport, such as Leonora Airport, demonstrates the Act's flexibility and responsiveness to changing security needs. The application of the Act ensures that the security of aviation transport in Australia is maintained at a consistent and high standard.

Key Provisions

The main operative sections of the notice NTC-26735 pertain to the revocation of a previous declaration and the establishment of new declarations under the Aviation Transport Security Act 2004. Specifically, subsection 28(2) of the Act allows the Secretary of the Department of Home Affairs to revoke a previous declaration of a security controlled airport and establish a new one (subsections 28(1)(a) and (b)). This notice revokes the earlier declaration of Leonora Airport as a security controlled airport, as published in the Gazette on 5 May 2017, and re-declares it as such with updated boundaries and an airside area, as shown on the attached map (subsection 28(1)(a)). Additionally, the notice establishes an airside area for Leonora Airport, as per section 29 of the Act (subsection 28(1)(b)). The obligations and requirements imposed by the Act on the parties and entities it governs include ensuring that airports declared as security controlled airports comply with the necessary security measures and protocols. This includes the establishment of an airside area, which is a critical component of ensuring the security of the airport. The declaration and boundaries of these areas must be clearly defined and communicated to all relevant parties, as specified in the notice. The Act also mandates that any changes to these declarations or boundaries must be officially published in the Commonwealth of Australia Gazette and remain in effect until they are revoked in writing and published again. The Aviation Transport Security Act 2004 imposes strict penalties for breaches of its provisions. Offences under the Act can result in both civil and criminal consequences. For instance, if an individual or entity fails to comply with the security requirements for a declared airport, they may face criminal charges. The maximum penalties for such offences can include substantial fines and imprisonment. Specifically, the Act provides for fines up to 5,000 penalty units and/or imprisonment for up to 10 years for serious breaches. Furthermore, civil penalties may also apply, which can include fines of up to 10,000 penalty units for corporations and 1,000 penalty units for individuals. These penalties underscore the importance of adhering to the provisions of the Act to maintain the security of aviation transport in Australia.