NTC-27493 – Declaration of Security Controlled Airport and Establishment of Airside Area – Hervey Bay Airport

Overview

The Aviation Transport Security Act 2004 was enacted to ensure the security of Australia's civil aviation transport system, addressing the need for comprehensive measures to safeguard against threats to aviation safety and security. The Act was introduced by the Commonwealth Parliament to establish a regulatory framework that would enhance the protection of aircraft, passengers, and airport infrastructure against acts of unlawful interference. In this context, the policy objective is to maintain high standards of security that align with international benchmarks and effectively mitigate potential risks. The recent declaration and subsequent revocation of Hervey Bay Airport as a security controlled airport under the Act highlight the dynamic nature of aviation security measures. As a Delegate of the Secretary of the Department of Home Affairs, the authority to establish or revoke the status of an airport as security controlled ensures that security protocols are adapted to current needs and threats. This notice, published in the Commonwealth of Australia Gazette, underscores the importance of maintaining vigilance and responsiveness in the security framework, ensuring that the airside areas of airports are properly defined and protected.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons, entities, and conduct related to aviation transport security within Australia. Specifically, it governs the declaration of security controlled airports and the establishment of airside areas, ensuring stringent security measures are in place to protect against potential threats to aviation security. The Act applies across the Commonwealth of Australia and impacts both domestic and international airports, including Hervey Bay Airport as declared in this specific notice. Exclusions, exemptions, or thresholds are not specified in this notice, but the Act generally provides for a range of security measures and compliance requirements that must be adhered to by relevant stakeholders. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or ministerial directions, which may provide additional detail or specific provisions for particular circumstances. This revocation and declaration notice effectively removes the previous security designation for Hervey Bay Airport and re-establishes it, ensuring continued compliance with the security standards mandated by the Act.

Key Provisions

The main provisions of this Notice, issued under the Aviation Transport Security Act 2004, involve the revocation of a previous declaration and the establishment of new security controls at Hervey Bay Airport. The Notice revokes notice NTC-22645, which had previously declared Hervey Bay Airport as a security controlled airport (subsection 28(2)). It simultaneously declares that Hervey Bay Airport is now a security controlled airport, with its boundaries defined by an attached map that is integral to the Notice (section 28(1)). Additionally, the Notice establishes an airside area for the airport, as detailed on the map also attached and forming part of the Notice (section 29). This Notice becomes effective immediately upon its publication in the Gazette. In terms of obligations and requirements, the Act imposes several responsibilities on parties and entities affected by the Notice. Firstly, the establishment of Hervey Bay Airport as a security controlled airport mandates that stringent security measures must be implemented and maintained. This includes ensuring that all personnel and vehicles accessing the airside area are properly vetted and authorised. Furthermore, any entities operating within the declared airside area must comply with the security protocols and regulations set out by the Act. These protocols are designed to safeguard the airport against potential security threats and to ensure the safety of passengers and staff. Breaching the provisions of the Aviation Transport Security Act 2004 can result in significant consequences. The Act outlines various offences and penalties for non-compliance. For instance, any person who contravenes a security requirement at a security controlled airport can face substantial fines. The maximum penalty for an individual is set at $22,200 or imprisonment for up to five years, or both. For a body corporate, the penalty can reach up to $1,110,000. Additionally, persistent or egregious breaches may lead to further criminal charges, including potential imprisonment for more serious offences. These stringent measures are in place to ensure the highest standards of security are maintained at all times within the designated areas of the airport.