NTC-27075 – Declaration of Security Controlled Airport and Establishment of Airside Area – Albury Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Parliament of Australia to establish a comprehensive framework for aviation security, addressing the need for stringent measures to protect against acts of unlawful interference with civil aviation in Australia and abroad. This Act was introduced to fill the gap in robust and coordinated aviation security measures, ensuring the safety and security of passengers, crew, and aircraft. The policy objective of the Act is to provide for the protection of civil aviation against acts of unlawful interference by establishing measures for the protection of people and property in the vicinity of a security controlled airport, and for related purposes. The Act facilitates the declaration of airports as security controlled airports and the establishment of airside areas, ensuring that these critical zones are subject to stringent security controls. This recent revocation and re-declaration of Albury Airport as a security controlled airport, along with the establishment of its airside area, is a direct application of the provisions under the Act to adapt to current security needs and standards.

Scope and Application

The Aviation Transport Security Act 2004 (the Act) applies to entities and individuals involved in aviation transport within Australia, particularly focusing on the security aspects of airports. Specifically, the Act mandates the declaration of certain airports as security controlled airports, which entails stringent security measures to protect against threats to civil aviation. This Act applies to all airports within Australia, ensuring that they adhere to the security standards prescribed by the Commonwealth government. Albury Airport has been declared a security controlled airport under this Act, with specific boundaries and an airside area defined by the attached map, which is integral to the Notice. The Act's jurisdiction extends nationally, imposing consistent security protocols across all security controlled airports. While the Act broadly applies to all relevant entities, there may be exclusions or exemptions defined through subordinate instruments, which can further refine the application of the Act to specific circumstances or entities. The Notice revokes a previous declaration and establishes new boundaries and areas, demonstrating the Act's flexibility in adapting to changes in airport operations or security needs. This Notice, once published, becomes effective immediately and will remain in force until it is formally revoked and re-published in the Gazette.

Key Provisions

The main operative sections of this Notice, under the Aviation Transport Security Act 2004, involve the revocation of a previous declaration and the establishment of new boundaries and areas for Albury Airport. Specifically, subsection 28(2) of the Act allows the delegate to revoke a prior notice that had designated Albury Airport as a security controlled airport (subsection 28(1)). This revocation is effective immediately upon the publication of this Notice in the Gazette. Additionally, the Notice declares that Albury Airport is now a security controlled airport and specifies the boundaries of the airport, as depicted on the attached map (section 28). The Notice also establishes an airside area for Albury Airport, as indicated on the same map, in accordance with section 29 of the Act. The obligations imposed by this Notice on parties and entities governed by the Act include compliance with the newly established boundaries and airside area for Albury Airport. This means that all individuals, businesses, and entities operating within or in proximity to the airport must adhere to the specified boundaries and areas as outlined in the attached map. This includes security personnel, airport staff, airlines, and any other entities that conduct business at the airport. Compliance with these provisions ensures that all activities within the airside area and around the airport adhere to the stringent security measures mandated by the Act. Breaches of the obligations outlined in this Notice can result in serious consequences. Under the Act, any person who contravenes the provisions of the Notice may be subject to both civil and criminal penalties. For instance, individuals or entities found to be operating outside the designated boundaries or airside area could face criminal charges, which could lead to fines and imprisonment. Specifically, the maximum penalty for contravening a provision of the Act is generally set out in section 250 of the Act, which prescribes a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, for serious offences. Furthermore, civil penalties may also apply, which can include substantial fines for non-compliance with security measures at the airport.