NTC-26854 - Declaration of Security Controlled Airport and Establishment of Airside Area - Onslow Airport

Overview

The Aviation Transport Security Act 2004 was enacted to provide a framework for aviation security measures, aiming to ensure the safety of air transport and the protection of individuals and property from acts of unlawful interference. This Act addresses the critical need to safeguard Australia's aviation infrastructure against potential threats by establishing security measures and designating certain airports as security controlled. The Parliament of Australia introduced this legislation to align with international standards and to enhance the security protocols within the country's aviation sector. The policy objective is to maintain a secure environment for air travel by implementing stringent security controls at designated airports, thus protecting the interests of passengers, crew, and the broader public. On 8 July 2024, the Department of Home Affairs, through its delegate, revoked the previous declaration that designated Onslow Airport as a security controlled airport and reissued the declaration under section 28(2) of the Act. This action re-establishes Onslow Airport as a security controlled site and defines the boundaries of the airport and its airside area, as illustrated in the attached map. This notice is effective from the date of its publication in the Gazette, reinforcing the ongoing commitment to aviation security as outlined in the Act.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to the regulation of aviation security, specifically focusing on the establishment and management of security controlled airports and the designation of airside areas. This Act is of Commonwealth jurisdiction and extends its reach to all airports within Australia, ensuring a uniform standard of security across the country. The Act applies to any airport where the Minister declares it to be a security controlled airport and establishes boundaries for airside areas, which are zones where access is strictly controlled to ensure the safety and security of the aircraft and passengers. The Act applies to all persons and entities operating within these designated areas, including airlines, airport operators, and individuals providing services to aircraft on the ground. The Act allows for the creation of subordinate instruments that can further detail the application of the Act, such as regulations and codes of practice, to provide specific guidance on security measures and compliance requirements. Exclusions or exemptions from the Act are limited and generally pertain to specific circumstances or entities as defined in the Act or its subordinate instruments.

Key Provisions

The Aviation Transport Security Act 2004 (the Act) outlines key provisions concerning the regulation of security at Australian airports. In this context, section 28(2) allows a delegate of the Secretary of the Department of Home Affairs to revoke or declare an airport as a security controlled airport and to establish the boundaries of an airside area. In the provided notice (NTC-26854), the delegate revokes the previous notice (NTC-12777) that declared Onslow Airport as a security controlled airport, published on 28 February 2017 (C2017G00230), and issues a new declaration for Onslow Airport. Section 29 of the Act provides the authority to establish an airside area, which is precisely what is being done for Onslow Airport with the attached map indicating the boundaries. The Act imposes several obligations on parties and entities governed by it. Firstly, any airport designated as a security controlled airport under section 28 must adhere to stringent security measures to protect against threats to civil aviation. This includes implementing and maintaining security programs as required by the Secretary, ensuring compliance with regulations and standards set by the Civil Aviation Safety Authority (CASA), and cooperating with security personnel and law enforcement agencies. Additionally, the establishment of an airside area under section 29 delineates specific zones within the airport where access is restricted to authorised personnel only, further enhancing security measures. Breaching the provisions of the Act can result in various penalties and consequences. Under section 309 of the Act, any person who contravenes a provision of the Act can be subject to a civil penalty not exceeding the greater of three times the value of the benefit obtained from the contravention, or $330,000 for a body corporate. Moreover, serious offences, such as endangering the safety of an aircraft or compromising the security of an aerodrome, can lead to criminal charges. In such cases, an individual offender can be fined up to $500,000 or imprisoned for up to 10 years, or both, while a body corporate can face fines of up to $2.5 million. These penalties underscore the seriousness with which the Act treats security breaches at designated airports. In summary, the notice NTC-26854 revokes the previous security control designation for Onslow Airport and re-establishes it under updated boundaries, reflecting the current security needs and protocols. Compliance with the Act's provisions is mandatory for maintaining the security integrity of the airport. Failure to adhere to these regulations can result in significant civil and criminal penalties, highlighting the importance of strict compliance by all relevant parties.